HomeMy WebLinkAboutReso 2010-115RESOLUTION NO. 2010-115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS, APPROVING
THE AMENDED LAND USE PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO
FORWARD THE SAME TO THE CALIFORNIA COASTAL
COMMISSION FOR CERTIFICATION
WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port
District), in a collaborative effort with the community began working on a comprehensive Chula
Vista Bayfront Master Plan in 2002 (Proposed Project); and
WHEREAS, the land azea, which is the subject matter of this resolution, is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of
general description is the Chula Vista Bayfront generally located west of Interstate 5, south of
the Sweetwater Marsh, east of the San Diego Bay, and north of Palomaz Street, including two
territory islands one generally located south of State Route 54 between Broadway and Fifth
Avenue, and the other generally located on the west end of Faivre Street (LCP Area); and
WHEREAS, California State law requires that coastal cities adopt a Local Coastal
Program (LCP) and said LCP must be certified by the California Coastal Commission before the
LCP can become effective and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, the current Chula Vista LCP was certified by the California Coastal
Commission on January 15, 1993 and amended by City of Chula Vista City Council Resolution
No. 17036 and Ordinance No. 2546 on Mazch 23, 1993; and
WHEREAS, in 2005 the City of Chula Vista embarked on a process to amend the 1993
LCP as a result of updates to the San Diego Unified Port District Bayfront Master Plan during
the past few years and a proposed land exchange between the San Diego Unified Port District
and a private land owner; and
WHEREAS, these conditions resulted in changes to 1) the Port District's and City's
jurisdictional boundazies, 2) proposed development project, 3) land use designation, and 4)
circulation/public access system within the Bayfront azea which together constitute the
"Proposed LCP Amendment"; and
WHEREAS, the Proposed LCP Amendment is contained in a document known as Local
Coastal Program Amendment (attached in the staff report as Attachment 14 and on file at the
Office of the City Clerk); and
Resolution No. 2010-115
Page 2
WHEREAS, on May 18, 2010, a Planning Commission hearing time and place was set to
consider said Proposed LCP Amendment and make a recommendation to the City Council and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners and residents within 1,000 feet
of the exterior boundaries of the LCP Area, at least ten (10) days prior to the heazing; and
WHEREAS, a heazing at the time and place as advertised, namely May 18, 2010, at 1:00
p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the amendment; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended that the City of Chula Vista City Council approve the Proposed LCP
Amendment; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Proposed LCP Amendment; and
WHEREAS, notice of said heazing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 1,000 feet of the exterior boundazies of the LCP Area, at least ten (10) days
prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public
hearing to consider said amendment at the time and place as advertised, namely May 18, 2010 at
1:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the
amendment; and
WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence
and testimony presented recommended that the City of Chula Vista City Council approve the
Proposed LCP Amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find and determine as follows:
I. ENVIRONMENTAL DETERMINATION
Pursuant to Section 15096 (f) and (i) of the California Environmental Quality Act
(CEQA) Guidelines, after having taken into account both oral and written testimony at the
subject public hearing and after having utilized its independent judgment the City Council
has considered the Final Environmental Impact Report (EIR) SCH No. 2005081077 as
prepazed by the San Diego Unified Port District and determined that the Final EIR was
adequately prepazed pursuant to the provisions of CEQA. The City Council has also
made the requisite CEQA Findings of Fact pursuant to Section 15096 (h) of the CEQA
Guidelines, adopted a Statement of Overriding Considerations and a Mitigation
Monitoring and Reporting Program for the Proposed Project all of which is on file at the
Office of the City Clerk and in the Development Services Department located at 276
Fourth Avenue, Chula Vista, CA 91910.
Resolution No. 2010-I 15
Page 3
II. CONSISTENCY WITH GENERAL PLAN AND THE COASTAL ACT
The City Council finds that the proposed amendments to the LCP Land Use Plan are
consistent with the City of Chula Vista General Plan and the policies of the Coastal Act.
The proposed amendment is based on sound planning principles and practices that will
provide for the protection and conservation of sensitive natural resources. The
amendment allows the transfer of development from the Sweetwater District to the
Harbor District, which is a previously developed and less sensitive azea of the Bayfront,
leading to the development of a project that will minimize potential negative impacts.
The amendment will also contribute to provide more direct access to the Bayfront and
create better connection to the rest of the City and the region. This will open up the
Bayfront for the enjoyment of residents and visitors. The proposed amendment will be
conducive to the development of the Bayfront and the creation of a world-class
destination for residents and visitors.
BE IT FURTHER RESOLVED that the City Council, after considering all evidence and
testimony presented, does hereby approve the Proposed LCP Amendment contained in a
document known as Local Coastal Program Amendment (attached in the staff report as
Attachment 14 and on file at the office of the City Clerk) incorporated herein by this reference.
III. SUBMISSION TO COASTAL COMMISSION
BE IT FURTHER RESOLVED that the City Council does hereby certify after a duly
called and duly noticed public hearing that the LCP is intended to be carved out in a manner
fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section
30510(a)).
BE IT FURTHER RESOLVED that the City Council finds that the LCP complies with
the guidelines established by the Coastal Commission and contains materials sufficient for a
thorough and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHER RESOLVED that after a duly called and noticed public hearing the
City Council does hereby direct the City Manager or his designee to submit this subject
Resolution and the Proposed LCP Amendment, consisting of both the LUP and the Specific Plan,
to the Coastal Commission and that the Coastal Commission certify the same (Public Resources
Code Section 30514).
Presented by
ary albe P.E., ICP
Deputy City Manager/Development Services
Director
Approved as to form by
Bar(,. Miesfe
y Attome
Resolution No. 2010-115
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of May 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl C , Ma or
ATTEST:
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Donna R.R. Noms CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-115 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th day of May 2010.
Executed this 18th day of May 2010.
~ R ~~
Donna R. Norris, CMC, City Clerk
Resolution No. 2010-115
Page 5
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CHULA VISTA BAYFRONT I LOCAL COASTAL PROGRAM
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Proposed LCP Planning Area
Exhibit A