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HomeMy WebLinkAboutOrd 1986-2168 ORDINANCE NO. 2168 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.85.01, 19.86.04, 19.86.07, 19.87.04, 19.87.08, 19.88.04, 19.88.05, 19.88.06, 19.88.59, 19.89.06, 19.89.09, 19.90.01, 19.90.03, 19.92.02, 19.92.04, 19.92.05 OF THE MUNICIPAL CODE AMENDING THE CHULA VISTA BAYFRONT SPECIFIC PLAN The City Council of the City of Chula Vista does ordainas follows: SECTION I: That Sections 19.85.01, 19.86.04, 19.86.07, 19.87.04, 19.87.08, 19.88.04, 19.88.05, 19.88.06, 19.88.59, 19.89.06, 19.89.09, 19.90.01, t9,90.03, 19.92.02, 19.92.04, 19.92.05 of the Chula Vista Municipal Code be, and the same are hereby amended to read as follows: DEVELOPMENT Section 19.85 The following provisions shall regulate the lot size, floor area, height, coverage, setback, and useable open space, density, intensity, and physical form of development within the Bayfront area. Section 19.85.01 - Building Height 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. ~elve-story conditional a maximum of 132 feet, provided that the increase in height above 88 feet can be shown to produce a visually 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. An architectural focal point such as a tower, dome, or other vertical form reaching a height of (up to) 70 feet shall be permitted in the office park north of Marina Parkway. This vertical element will be a visual landmark identifying the core area of the Midbayfront. Section 19.85.02 - Residential Density The minimum resioential density shall be 15 dwelling units per acre, and the maximum residential density shall be 30 dwelling units per acre, provided, however, that such measurements shall be taken in the aggregate for larger parcels permitting the transfer of unused density on internal developed areas to other portions of the site. - 22 - Section 19.86.02 - Bus and Jitney Service Bus service may be provioed along Tidelands Avenue, E Street, F Street, and Bay boulevard. Public or private jitney service should supplement this service. This service shoule connect to the Bay Front (E Street) Trolley St?tion and interconnect with the rest of the Chula Vista Transit Service. Section 19.86.03 - Parking on Gunpowder Point Up to 430 parking spaces may be directly located on Gunpowder Point, with 30 of these allocated to public or hanaicapped parking, to be consolidated into an area hidden from view by landscaped berms with 5U% of the parking totally concealed. Restaurant, conference and employee parking shall be located in the Piidbayfront, off Gunpowaer Point. Section 19.86.04 - On-Street Parking Prohibition Streetsine parking will not be permitten along any major roadways identified in t~e Circulation Plan, including Marina Parkway, Tidelands Avenue, D Street, E Street, F Street, Lagoon Drive or Bay Boulevard. Section 19.86.05 - On-Site Parking Parking incluGed as part of a private development shall be located in areas away from the shoreline and public open space corridors and, where feasible, screened from view from major arterials by use of landscaped berms and tree planting. Where possible, large-scale parking shall be avoided in favor of smaller disaggregated parking areas separated by buildings or landscaping. Section 19.86.06 - Landscaped Parking in the SDG&E Row Where parking is incorporate~ into the SDG&E Row, the following bonus provisions shall apply: The parking areas shall be landscaped with a continuous perimeter planting of trees and ground covers. Tree planting will be tightly spaced to provide a dense canopy at eye level. Tree species will be limited to those that will not interfere with the overhead power lines and shall be trimme~ as necessary to meet standards set by SDG&E. Section 19.86.07 - Community Park Parking Public parking areas shall be provided at each of the major community or neighbor~ood parks adjacent to a major roaoway, as shown in the land use map. ParKing areas will be incorporated into open space areas ~ close ~¢~l~l~Y to roadways and, where possible, shall be screened from view. One parking space shall be provided for each lO,O00 square feet of accessible open space. - 24 - UTILITIES Section 19.87 Section 19.87.01 - Stormwater Management and Drainage Grading and orainage concepts shall be incorporated into street plans to utilize streets in the stormwater collection system. BuilOing pad grades and generalized design grades for streets shall be designated to ensure protection from concurrent storm ann high-tide events and to provide sufficient cover over underground utilities. Section 19.87.02 - ~otechnical Constraints A detailed evaluation of liquefaction shall be routinely made for any major engineering project. With the exception of Original Upland areas as shown in Map 5, geotechnical studies shall be provided prior to any development. Geotechnical studies m~ay be appropriate for certain upland areas and shall be requireO where valiO data is not available. Section 19.87.03 - Utility Service and Grading Objectives Map 4, Utility System, shall control the location of sewered water systems. The following objectives shall guide the design and implementation of utility services and areawide grading: 1. Provid~ adequate sizing of utility lines to assure sufficent capacity for the most intensive users. 2. Minimize the import of soil to that necessary for the protection of developable areas from flooding during concurrent storms and high-tide conditions. 3. Protect existing natural resources from undue impact during construction phases. 4. Provide for an adequate on-site storm drainage system to preclude drainage directly into wetland habitat without adequate filtering of sediments or trapping of pollutants. 5. Provide appropriate slope graoients in critical locations to ensure proper drainage. Section 19.87.04 - Water Service The ~2 14-inch waterline in G Street connecting the lines in Bay Boulevard and I~['~//A~ Narina Parkway is necessary to maintain a looped system during development of the Project. An easement for pipeline operation shall be maintained even though the area might be fenceO for security reasons by Rohr Industries. - 26 - Section 19.87.08 - SDG&E Row ~1/%/d I ~V~ / Id~ft~ I ~1 ~ I ~ ~1/~ I ~ 1~~ I 1~ I~ ~I ~l l~ l ~l ~d l ~l ldtdd l ~l l ~ l ~ l ~l l~ l ~Ak~ l~ l ~ l ~ l~,~f~H~i~ll%~llt~t~H~X Some rel ocati on of the two separate 6S-KV power lines presently running on either side of the railroad tracks may be necessary to accomplish the I-5 off-ramp at Bay Boulevard. If feasible, these lines should be consolidated and incorporated elsewhere in the utility right-of-way. Where ~ Tidelands Avenue ~X~ is incorporated into the railroad levee at the Sweetwater Marsh crossing, the roadway bed will cross beneath the to~ver lattice power lines at either end, for which coordination with SDG&E is required. minimized by limiting fill in the wetlands (less than 1/2 acre) to only tilat necessary for levee reinforcement or protection to adequately maintain the proposed roadway. The more critical pond side of the southern levee shall be screened with landscaping to reduce disturbance to marsh and water birds (Reference: Map 3, Section G). Pedestrian access shall be provided on the southern levee on the E Street Marsh side on the roadway. All access to the northern levee shall be prohibited except for emergency vehicles. (c) Proposed Restoration. Degraded or limited natural resources on Gunpowder Point shall be enhanced with a program of wetland and upland restoration. An interpretive center shall be developed for public use. ~l~/~ ~Y I Nd 1 N~da~l~ 1 ~V I ~11 ~ I I~ 1 A¢~I~ I ~ I A~I 1 ~t~ ~ I I ~ ~l~l~lll~NIIrds/llt~lll~t~lll~X~flltll~EV~d~ The location~ for the interpre~ive center ~t~ is shown ~ on Map '6. The existing Frankenia palmeri population shalTbe preservedT Adjacent lands shall be protected and the spread of the population encouraged. The ber~ around the lagoon in the southwest corner of Gunpowder Point shall be removed an~ it shall be restored to a healthy wetland. 7~/~/~ ~H~l /~ l W~f~d~ l ~ l M l ~ ~l l~f l lddd l ~t l ~ l ~~ ~l l ~l Spoil from the wetland-upland mosaic in the northwestern corner shall be removed, and it shall be restored to ~etland. The undeveloped portions of the upland s~all be restored to a southern coastal scrub or other appropriate upland vegetation type(s). A restoration program shall include: (1) removal of existing structures, spoil, and other remnants of human use; (2) grading to level spoil and fill borrow pits; (3) an approved reve~e~ation design to establis~ a native and naturalized landscape community; and (4~ a soil erosion design to control erosion of scarified areas into adjacent wetlands during revegetation operations. Section 19.8~.05 - Subarea 3-Midbayfront (a) Proposed Wetland ~uffer. The l~O-foot-wide buffer to be acquired as part of the CalTrans/Corps of Engineers project mitigation requirements shall ~e configured to protect the existing marshes and pond. In addition, an adequate buffer to provide protection for wetland resources ~ ~T%~ shall be provided around the F-G Street Marsh as illustrated in Figure 1 ~, ~d(~l~dl~l~~l~A~.~ll~ll~t~ A ~i~i~l~7dd~fd~l~t~l djacent to the ex~ting industrial structure, the buffer will be as wide as space permits. All human and domestic pet access to Sweetwater Marsh, Vener Pond, the E Street Marsh, and the F-G Street ~arsh shall be limited (Reference: Map 6, Sections J through ~ L). PeOestrian and bicycle access to t~e inboard 50 feet of the buffer shall be limited. Visual access from the buffer into the wetlands shall be provide~ at points along the length of the buffer, as shown in Map 7. (b) Proposed Wetland Restoration. Degraded areas of foyer wetlands shall be restored to high-quality salt marsh or mudflat in areas adjacent to Vener Pond, the E Street Marsh, and the F-G Street Marsh. Additionally, ~ll~~i~lYl~li~l~d~dl~ urbanized runoff into the wetlands will be controlled. As compensation for filling of less than 1 acre of ex~g ~etland elsewhere in the Bayfront in order to achieve the necessary circulation im~rove~ents, filled or degraded margins will be restored as high-quality wetlands. - 31 - At the low-lying agricultural field north of the F-G Street Marsh, a stormwater detention facility shall be constructed to accept urban runoff from the Midbayfront. This facility shall be utilized to store runoff during peak storm periods and as a sediment trap. This storm detention facility shall be connected to the new freshwater pond at the F-G Street l~iarsh to provi de a seasonal water supply to the wetl and. Both the detenti on basin and the newly created freshwater marsh wi 11 receive dampened tidal action during the dry weather season. Procedures for assuring water quality standards shall include the following: 1. Drainage shall De directed away from the faces of cut and fill slopes or any slope subject to erosion into approved drainage structures. 2. Wnere necessary riprap, check dams, etc., shall be employed to control erosion. 3. All steep slopes shall be planted to reduce erosion, with approved irrigation and maintenance. 4. The raaintenance of planted slopes, erosion control facilities, etc., shall be the responsibility of the developer. Section 19.88.06 - Subarea 4-Marsh Areas (a) F~¢~¢~ Tidelands Avenue I~X~¢~J¢I~. Tidelands Avenue shall cross the Sweetwater Marsh in conjunction with improvements to the existing railroad causeway. This will include fill on degraded portions of the i,larsh located on the western boundary of the existing causeway, with the area to be filled less than 1 acre. The existing railroad viaducts spanning the water channels connecting the portions of the Sweetwater Marsh on both sides of the railroad shall be rebuilt to increase the length of the span and thereby to improve existing tidal flow to the eastern portion of the Marsh. (b) Proposeo Restoration. ll~ Tidelands Avenue extension shall be a part of a restoration program for the railroad levee crossing of Sweetwater Marsh. lo accommodate the wider cross-section required for the roadway without adversely impacting the marsh, the amount of existing bridging will be increasee, fill removed, and wetlands restored to compensate for the fill required for the remaining portions of the roadway. An equivalent area of approximately 1 acre of high-quality wetland will be created for the amount of poor-quality (between eight- and nine-foot elevation) salt flats covered in the road widening. Additional areas of high ground adjacent to the west side of the road will be lowered in elevation to establish an improved salt marsh in that area. - 32 - 1. Criteria Restoration (i.e., reestablisnment) and enhancement (i.e., increase in density or diversity) of coastal habitats associated with the Chula Vista bayfront Specific Plan involve the intentional planting of habitat-specific native plants in their appropriate ecological settings. Passive recovery is a minor aspect of the propose~ restoration. The objective of restoration and enhancement for the several areas involved in the Wayfront Specific Plan is to replace non-native vegetation with native plants or substrate associations, which are of greater use to a wider range of native, particularly coastal dependent, animals. As a result, a reduction of erosion and increased biological productivity will be achieveO. Preliminary site- and species-specific aspects of the Bayfront habitat restoration and enhancement plan are discussed below. 2. Coastal Salt I~iarsh 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 anG elevations; (4) monitoring of the rate of success of re-seeding efforts, stolon advance or stem-rooting; and (5) replacement or investigation and remedial action to achieve recovery of problem sites. lhe plants to be included in this restoration wilt be Salicornia virginica, S. subter~,inalis, S. bigelovii, Spartina foliosa, Suaeda esteroa, Distichlis spicata, ~onanthochloe littoralis, ~riglochin maritima, Jaumea carnosa, Limonium californicum and ~atis maritima. Coastal Salt Marsh restoration sites on the Bayfront are: a. the east side of Vener Pond (~y the Corps of Engineers); b. the south~¢ and east portions of the "E" Street Marsh (by the Corps of Engineers); c. the west ano 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 Cal~rans); and, e. levee removal as part of Tidelands Avenue extension ( by CalTrans and the City of Chula Vista). The excavated channel at the least tern island sanctuary shall confona to Section H, page III-30 of the certiHeO 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. - 37 - 3. Freshwater I,larsh Habitat The restoration of Freshwater Marsh is to be accomplished with freshwater runoff collected sites in the vicinity of the F & G Marsh and the area south and east of Marina Parkway. The plants involved with creation of this habitat include Scirpus acutus, S. olneyi, Juncus acutus, J. balticus, Typha dominguensis, T. larifo|ia and E1 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. Freshwater Marsh restoration on the Bayfront will occur: ~{ ~lr~A~tl~l~t~l/Q~ll~l~drlet~Jl~l~t~ll~dl~l~l~ a. The "remnant" marsh area north of Lagoon Drive will be replaced by + 3.2 acres of newly created freshwater marsh' north and east of the F-~ marsh. Approximately 1-1.5 acres of the "remnant" marsh area will be retained for use as a desiltation basin. b. on the ~ north side of the "F-G" Street Marsh (by the Bayfront Co~servancy Tr~ 4. Upl and Habi tat (a) Maritime Sage Scrub: Gunpowder Point/Vener Fa~s: The upland habitat is associated with Maritime Sage Scrub, a community including Artemisia Californica, Eriogonum fasciculatum, Isocoma veneta, Encelia californica, Mimulus puniceus, Dudleya edul i s, Frankenia palmeri and Lycium cal ifornicum. Restoration of this community will require removal of upland debris at various locations on Gunpowder Point and the mainland agricultural fields. Most of this debris is agriculture-associated and some re-con~ouring of the land will be required. R~seeding, using hydro-mulches, is the most effective means of establishing the basic foundation plants. Selected planting of liner- or container-grown plants will be the c~ief means of creating habitat diversity within the main vegetation foundati on. Timing of the planting is important to ensure that no long season irrigation is needed and that ambient rainfall is well utilized. 38- (b) Least Tern Nesting Island: "D" Street Fill: On the proposee 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 gentle runoff slope, with covering of the standaro 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. 5. Tidal Flow Augmentation The natural flow of tidal waters into the F & G Marsh and Vener Pond has been retareed by the placement of road crossings. (a) F & G Marsn-;~}{~/i~/A~l~ Marina Parkway crossing: The realignment of I~//~ Marina Parkway in this area woul~ allow excavation and replace~nt with a larger culvert or brid~e structure. ~/~/~/~//~/~l/~}~l/~ l~l~l~l~l~l~H~itl~l~11~l~ll~l~ X~I~NNdlY~Y~I~I~JI~It~I~I This structur~ woul~ be expected to m~intain the existing tid~ regime as the F-G m~rsh currently receives ful I tidal ~ct~on. Careful ly ~rotection o~ the ~ipe ends nl~ be necess~r~ to ~r~vent erosion. (b) Ti~el~nds Avenue northeHy extension over the (former) Sweetw~ter River channel: The ~artial removal of existing railroad l~vees ~t this site, ~nd their replacement as ro~dwa~ foundation by ~ilings, m~y increase tidal flows. The Cor~s of Engineers has ag~ed to provide f~cilities to transfer ~dequ~te ~mounts of freshwater from the Sweetw~ter Flood Control Channel to the Sweetwater Marsh down the former Sweetw~ter River Channel. (c) Gunpowder Point - South Causeway: The smal 1 corrugated ~i ~e culvert through the south dike that connects Vener Pond with Vener ("E" Street) Marsh shall be removed and re~laced with ~ w~ter control structure that will facilitate the management of water in Ven~r Pond. Detailed enBineerin9 is being completed by tne City of Chul~ Vist~ for this ~rinci~al access to Gunpowder Point on the existing levee roa~. Less than one acre ~ fill is ~rmitted for the ro~dw~y, but excavation below lower tidal limits may b~ required for ~l~cement of a ~ro~erty-si~ed water control structur~ to ~rovi~e tidal flow into Vener Pon~ an~ assure salinity levels comparable to S~n Diego B~y waters provided such restoration is determined in consultation with the Department of Fish and Game to be the preferred alternative. All - 39 - setback of lO0 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 interpre~(tive materials, a meeting room that acconm~odates at least 75, office space for Bayfront Conservancy Trust staff, and appurtenant facilities 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 ana Game) in aodition 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 incluee 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 perl,~itted consistent with the applicable sections of the Bayfront LCP. Section 19.88.60 - Bayfront Conservancy Trust Maintenance and Monitoring Programs The following additional maintenance and monitoring programs are included: 1. Maintenance (funded per Section "Revenue Sources" above). a. Trails (i ) Erosion damage due to nor~m~al use ( i i ) Weed rel~oval b. Sediment Removal (i) Culvert blockage removal (ii) Open channel constriction or blockage, especially at Least Tern sanctuary (iii) Siltation basin clean-out c. Interpretive/Public Access Signs (i) Weathering ( i i ) Vandal i sm - 41 - Section 19.89.06 - Formal Street Tree Planting All areas designated Formal Street Tree Planting in Map 7 have been designated for the major circulation spines of the Wayfront. The planting should be in regularly spaced intervals using species with predictable form characteristics to achieve strong linear avenues that guide views and establish perspective. Representative Characteristics Location 40' to 6U' height l~l~/A~ Marina Parkway, Lagoon Drive Cro~n shaped form E Street and D Street Evergreen Bay Boulevard and Marina Edge on D Street Section 1~.89.07 - Gateways Special consideration s~all be given at Gateways (see Map 7) to roadway design, including signing and lighting, landscaping, and siting and design of adjoining structures to allow for design treatment which conveys an entry character. Section 19.89.(98 - Architectural Edges The development shall comply with the following conditions in the specified areas: 1. Habitat Protection. Structures shall be sited a sufficient distance from natural habitat areas to protect the natural setting and prevent interference with wi 1 dl i fe. 2. Pedestrian and Bicycle Access. Structures shall be sited at a sufficient di stance from the water~ s edge or marsh edge to ensure unencumbered peOestrian and bicycle access. 3. Privacy. Structures shall Be designed so that the uses which take place in a structure or private space adjoining the structure do not detract from, or prevent appropriate public use of, adjoining public open spaces. Reciprocally, the public areas shall be designed and their use regulated i n a manner which does not dimi ni sh the intended use of adjoi ni ng developed 1 ands. 4. Firm Edges. Firin Edges as shown in Map 7, are required where a strong visual form, generally linear, is necessary to provide either for a ter~ainus of views, visual distinctions between areas, channeled or controlled views in certain directions, or a sense of entry or arrival. These edges should be fo~ned by buildings, but also may be achieved by use of earth berms or mass plantings. - 47 - 5. Irregular Building Edges. Irregular building edges are required where it is visually desirable to soften or ~e-emphasize the distinction between open space areas and aajoining development. lhis prevents harsh contrasts between oifferent areas, allows visual penetration between areas, and variation in the spatial experiences and qualities in these areas. 6. Building Base Screened by Earth Berm. In areas so indicated on Map 7, an earth bernl shall be built up so that tile base of the building shall not be visible from beyond the berm. Section 19.89.09 - View Points Development of the ~ayfront shall ensure provision of three types of views: 1. Views from the Freeway and Major Entry. Ensure a pleasant view onto the site and establish a visual relationship with the bay, marshes, and bay-relateO development. 2. Views from Roadways Within the Site (particularly from l~I~ ~ Marina Parkway, to the marshlands, bay, parks and other Day-related ~evelopment). Locations shall preserve a sense of proximity to the bay and marshlands. 3. Views from the Perimeters of the Bayfront Outward. Views which are primarily pedestrian-oriented, s~ationary and more sustained should be experienced from parts of the open space and pathway system and enable viewers to rene~ visual contact at close range with the bay and marshlands. SUBAREA SITE SPECIFIC DEVELOPMENT AND DESIGN PROVISIONS Section 19.90 Section 19.90.01 - Bayfront Gateway View Sequence Policy Tile corridor view sequence policy sho~n in Map 8, Sequence of Views Along the Bayfront bateway, shall be pursued by adhering to design requirements corresponding to the indicated number. 1. Street Entry. A dense canopy of trees shall De provided on both sides of E Street to obscure views of SDG&E power lines and focus views on the immediate landscape of the street. The street trees shall be closely spaced and in a regular rhythm to achieve this objective. Immediately west of the freeway, future buildings on the north side shall be sited and designed to reinforce the sense of entry created by the street trees and existing building mass. h~ap 9, Landscape Concept at E Street Gateway, conveys a conceptual plan. 2. Bay Boulevard Entry. A similar sense of entry should be created on the southbound freeway entrance to the Bayfront (Figure 14) (along Bay ~oulevard). A canopy of trees ~X~ should be provided a~ong both sides of Way Boulevard to screen the power lines and transmission towers from vie~ and direct motorists to the E Street intersection. The intersection should be enhanced with landscaping, signage, lighting, pawng and other features which will identify it as a pedestrian and venicular ~ateway to the bayfront. ~%l[dl~/c/l~l~/aly~bthlc/l~%~ ~l/a~Yl~~lA~tfll~l~ll~12duAt~ll~JllXfa/~Yl~l~l~ ~ll~~/~i~J (See Figure 14 for additional details.) 3. E Street/Bay Boulevard Intersection. W~ When approaching and crossing Bay Boulevard, the continuation of street trees and landscapin~ ~ill create a view corridor to the project focal ~oint at the intersection of ~arina Parkway and Ti delands Avenue. ~/~/~/~~/~/~ ~l~t~l~l~l~ll~~ll~l~/~J~l~l~l~ / I I I I I I I ~l/~/~t~/~/~t~/~//7~/~/~M~l~/~/~l~/~/~ ~~I//~//~//~//A~J Special attention will be required to ensure that substantial building setbacks include consideration for steppin~ buildin~ heights to retain proper scale with the landscapin~ and views to the ~ay. In ~eneral, buildin~ setbacks from the public road shall be equal to or ~reater than the buildin~ height. 4. Marina Parkway/Tidelands Avenue Intersection. 6~d~/~J Views will be focused within this area to enhance the sense of arrival at the center of urban activity. Special attention should be given to plazas, planting and other landscape features to reinforce the area as a focal point. An architectura| focal point such as a tower, dome or other vertical form reaching a height of 70 feet will be permitted in the office park north of ~4arina Parkway. The vertical element will be a visual landmark identifying the core area of urban activity. 5_~. Intersection of Marina Parkway and Gunpowder Point Drive. To the west of the Marina Parkway/Tidelands Avenue intersection views will open up to the ba~, park and wetlands. The residential area on the south and east side of Marina ~arkway marks the urban e~ge of the bayfront and helps direct wews towards the open spaces. Street trees and landscaping along t~e parkway will also direct and frame views. ~6} 6. Views to Vener Pond. The above views should be fol 1 owed by pan~amic views of Vener Pond, Gunpowder Point and San Diego Bay. Major massing of trees should be avoided along the shoreline to protect this view. ~} 7. Views along Levee. From the roadway linking the Midbayfront and Gun.~6~der Point views should be focused on the notel complex. 7} 8. Hotel Complex Entry. Upon arrival on the island the view of the hot~ complex should be temporari|y interrupted by veering the roadway to the right as it passes through the earth berms surrounding the hotel grounds. This should then be followed by an abrupt shift in the roadway and a closeup vie~-~ of the hotel entryway. 49a - i. Within the entry zones (approach, roadway and parking area large scale trees, planted in an irregular, informal pattern shall visually define the approach to the hotel, screen view of the parking from the upper floors of the hotel, and in conjunction with ground covers and change in elevation, conceal parking fronl view of arriving and departing hotel guests. Additionally this landscaping will serve to further visually separate the hotel/conference complex from the adjoining upland. ii. If illumination is provided for outdoor recreational facilities, a combination of low mounted luminaires and intervening tree masses should be used to reduce night-time intrusion of light into the adjoining upland habitat. iii. A large-scale south-oriented outdoor area shall be provided for users of the hotel/conference complex. (Reference: Map 10.) Within this area a wide variety of landscape materials are pen~issible and a highly contrasting appearance with other open spaces on Gunpowder Point is desirable. An abrupt change in appearance with this ornamental landscape adjacent to the hotel shall be provided along the south facing shoreline by revegetation of a l~0-foot strip with native vegetation. 6. Public Access. Public access shall be provided to Gunpowder Point via the pedestrian boardwalk incorporated into the south levee roadway. A series of publicly accessible outlooks shall be provided to allow visual access to the wetland habitat areas with minimal intrusion. Outlooks shall be designed similar to photographic blinds. Visitors shall be encouraged to park in the ~lidbayfront. Section 19.90.03 - Subarea 4 - Midbayfront Specific design and development guidelines for the Midbayfront reflect the following objectives: (1) provision of a pedestrian system integrating all the activities of the Midbayfront and linking the area with contiguous areas of the Bayfront and the proposed E Street trolley station; (2) provision of a system of open space which serves as a major recreational resource, a means of enhancing the visual appearance and image of the area and a method for integrating and unifying development throughout the area; and (3) establishn~ent of visually and functionally satisfying relationships between buildings, open space and road~ay and parking areas. 1. Pedestrian Continuity. Internal pedestrian circulation shall regularly connect with the main perimeter circulation along the ~etland buffers. Architectural facades adjacent to the shoreline shall be broken frequently to allow for ground level circulation. A major pedestrian link shall be included in the public open space linking the shoreline with the interior storln detention facility. Provision shall be made for pedestrian continuity across or beneath I~I~/~ Marina Parkway. - 51 "Coastal Development Permit" means a letter or certificate issued by the City in accordance ~th the provisions of this chapter, after the applicant has subl;titted all necessary supplementary documentation required to satisfy the conditions precedent in tile notice to issue a coastal developnent permit. "Conditional bse" means any use which requires a public hearing. "Development" means, on lane, 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, dredgin9, 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 Subeivision Map Act (commencing with Section 66410 of the Government Code), and any other division of lane, including lot splits, except where the land division 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 utility; and the removal or harvesting of major vegetation other than for a9ricultural 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 po~er transmission and distribution line. "Development Permit Procedures" means access, open space, and conservati on requirements. %~herever reservation of an interest in land for public access, open space, or conservation is requiree by the LCP, it shall be a coneition of the coastal development perini t. "Emergency" means a sueden, unexpected occurrence demanding inm~ediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. Legal Instruments Requiree. 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 eescribed in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer carl 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 acceptee or until the landowner allows, the public has no right to use the accessway, provided that the laneowner 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 anO 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 shall be required. Title insurance may also be required when extensive interests inland are being granted. "Emergency Developnient" means work done to resolve problems resulting from a situation falling within the definition of "emergency." "Local Coastal Program" means the City's land use plan, zoning ordinances, zon~ ng maps, and other impl ementi ng actions certi lied by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976. "Notice to Issue Coastal Development Permit" means a letter or certificate issueO by the City in accordance with the provisions of this chapter, approving a development subject to fulfillment of conditions prior to issuance of a coastal ~evelopment permit, but if such conditions are fulfilled, as being in conformance with and adequate to carry out the Local Coastal Program. "Permitted Use" means any allowed by right which does not require a public n~aring, but does require a discretionary or non-discretionary pe~,it (e.g., building permit) to be issued by the approving authority. "Uther Permits and Approvals" means permits and approvals, other than a coastal development permit required to be issued by the approving authority before a development may proceed. Secti on 19.92. U3 - Appl i cabi 1 i ty Except as provided in Section 19.92.~4 below, any applicant wishing to undertake a development in the coastal zone s~all obtain a coastal development permit in accordance with the provisions of this article, in addition to any other permit requireO by law. Development unoertaken pursuant to a coastal development permit shall conform to the plans, specifications, te~s and conditions approved in granting the permit. lhe procedures prescribed herein may be used in conjunction with other procedural require~nts of the approving authority, provioee that the minimum requirements as specified herein are assured. Section 19.92.04 - ~emptions The following shall be considered exemptions: a. Repair and maintenance activities which do not result in an addition to or enlargement or expansion of the object of such activities, except as otherwise specifieo by the Coastal Commission in Subchapter 7, Title 14, California Administrative Code, and any amen~ents thereafter adopted. b. Activities of public utilities as specifieG in the Repair, ~aintenance and ' Utility Hook-Up Exclusion adopted by the Coastal Commission on September 5, 1~76. c. Occupancy permi is. d. Improvements to single-family residences, except as otherwise specified by the Coastal Commission in Subchapter 6, Title 14, California Administrative Code, and any amendments thereafter adopted. e. Improvements to any structure other than a single-family residence or a public works facility, except as otherwise specified by the Coastal Commission in Subchapter 7.5, Title 14, California Administrative Code, and any amendments thereafter adopted. ~J~/l~}~l~/~ Notice of Exempt Development Notice of Exempt Development shall be as follows: A permit issue~ by the City for a development which is exempt from the coastal development permit requirements shall be exempt from the notice and hearing requirements of this article. The City shall maintain a recorO for all permits issueO for exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form o~ any record of permits issued currently maintained by the City provided that such record includes the applicant's name, the location of the project, and a brief description of the project. Section 19.92.05 - Emergency Development Petit Application for an~ issuance of an Emer~enc~ Development Permit shall comply with requirements set forth in Article 2, Sections 13329, 13329.1, 13329.2, 13329.3, and 1332~.4 of the California Administrative Cooe. An applica%ion the ~ a V~sta. Section 19.92.06 - Notice of Appealable Developments Within ten (10) calendar ~ays of accepting an application for an appealable coastal development perh~it or at leas~ seven (7) calendar days prior to the first public hearing on a development proposal, the City shall provide notice by first class n~ail of pending application for appealable. development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that develo~ent project or for coastal decisions within the City, to all property owners and residents within lO0 feet of the perimeter of the parcel on which the develo~ent is proposed, and to the Coastal Co~ission. The notice shall contain the following information: 1. a statement that the eevelopment is within the coastal zone; 2. the oate of filing of the application and the name of the applicant; 3. the number assiOnee to the application; 61 - 4. a description of the development and its proposed location; 5. the oate, time, ana place at which the application ~ill De heard by the local governing body or hearing officer; 9. a brief description of the general procedure of local government concerning the conduct of hearing and local actions; and 7. the systeI,~ for local and Coastal Commission appeals, including any local fees required. Costs of notice which are not reimbursed to local governments through grants or SBgt) reimbursement pursuant to Public Resources Code Section 30353. Section 19.92.07 - Public Hearing on Appealable Developments At least one public hearing shall be held on application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 19.92.05. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. Section 19.92.08 - Notice of Local Government Action Where Hearing Continued If a decision on a coastal development permit is continued by the City to a time ~-~hich is neither (a) previously stated in the notice provided pursuant to Section 19.92.~96 nor (b) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits, as established in Section 19.92.07. Secti on 19.92.09 Notice of Non-Appeal able Bevel opments that Requi re a Public HearinO: Conditional Uses Notice of such developments shall be given at least ten (10) calendar days before a hearing in the following manner: 1. Notice in the manner prescribed in Section 19.92.06 above; or 2. Notice as prescribed herein: a. If the matter is heard by the planning coh~mission, notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction; b. Notice by first class mail to any person who has filed a written request therefor; c. Notice by first class mail to property owners within 300 feet of the proposed project; 62 - SECTION II: This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented by Approved as to form by FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE o-TTY OF CHULA VISTAj CALIFORNIAj HELD September 18 1986 AND , · tINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September 23 · 19 86 , BY THE FOLLOWING VOTE~ TO-WIT: AYES: Councilmen: Cox~ Moore, Campbel 1, McCandl i ss NAYES: Councilmen: Mal col m ABSTAIN: Cotmcilmen ', None ABSENT: Councilmen: Non e City of Chulo Visto ATTEST /,~/ letkit ~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of ORDINANCE NO, 2168 ,end thot the some hos not been omendedor repeoled. DATED ~ City Clerk CI'IY OF --HULA V!5'I'A CC-660 ORDi. N/~NCE 2168 · AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.85.01, 19.86.04, 19.86.07, 19.87.04, 19.87.08, 19.88.04, 19.88.05, 19.88.06, 19.88.59, 19.89.06, 19.89.09, 19.90.01, 19.90.03, 19.92.02, 19.92.04, 19.92.05 OF THE MUNICIPAL CODE AMENDING THE CHULA VISTA BAYFRONT SPECIFIC PLAN At the meeting of September 23, 1986, by a unanimous vote (Councilman Malcolm was absent) the City Council placed the ordinance on Second Reading and Adoption. Generally, the Ordinance amends specific sections of the Chula Vista Municipal Code that include the text of the Chula Vista Bayfront Specific Plan. These amendments consist of provision of a focal point reaching a height of up to 70 feet in the office park area north of Marina Parkway; changing street names (Tidelands Avenue to Marina Parkway and "F" Street to Lagoon Drive); realignment of Marina Parkway; deletion of the reference to abandoning the railroad right-of-way west of Bay Boulevard; deletion of the reference to a year-round freshwater supply from the reverse osmosis plant at the foot of Lagoon Drive; revisions to the descriptions of views from specific intersections due to roadway realignments; provision of dampened tidal action to the newly created +/- 3.2 acre freshwater marsh south of Lagoon Drive and the 1-1.5 acre desiltation basin north of Lagoon Drive; and a provision for the processing emergency development permits. Copies of the Ordinance are available at the Office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista 92010 DATED: October 1, 1986 0885C