Public Resources Code Section 30240 (California Coastal Act) provides for the protection of environmentally sensitive habitat areas. The purpose of this chapter is to provide for such protection. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).

The proposed project site is relatively flat, although a slightly elevated area is located in the Sweetwater District. The surface elevation of the site ranges between approximately five and 25 feet above mean sea level. The Sweetwater District is undeveloped and currently composed primarily of fallow fields. The majority of vegetation is generally ruderal with small areas of disturbed native habitats, including California coastal sage scrub. The Harbor District and Otay District are generally developed and consist of limited areas designated as jurisdictional waters.

Marine and biological resources are abundant in the project area, primarily due to its proximity to San Diego Bay and the estimated 3,940-acre San Diego Bay Natural Wildlife Refuge (SDBNWR) south of the Plan Area. The SDBNWR preserves mudflats, salt marsh, submerged lands, and eelgrass beds that provide a fertile breeding ground for a wide range of species, including many designated threatened and endangered species. The Sweetwater Marsh National Wildlife Refuge, Chula Vista Nature Center, and “F&G” Street Marsh are all components of the larger SDBNWR. The unique ecosystem characteristics of the south San Diego Bay have made the area a resting site on the Pacific Flyway for a wide variety of resident and migratory shorebirds and waterfowl, as well as a fertile breeding ground for a range of aquatic and land species.

The major wetlands and related sensitive habitat areas within the Chula Vista Bayfront area have been acquired by the USFWS and comprise the majority of the Sweetwater Marsh National Wildlife Refuge, in addition to the “F&G” Street Marsh. With the preservation of these areas the focus of these regulations is reducing and mitigating impacts on the refuge from new development within the Bayfront in addition to protection of other wetlands within the LCP Planning Area. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).

Sensitive habitats exist in areas not delineated, including, but not limited to, Parcel Area 3-k and the “F&G” Street Marsh. It is required that all environmental resources are analyzed by an environmental professional, and that an environmental management plan is adopted to protect any sensitive habitats discovered, prior to the commencement of any additional development.

Environmentally sensitive habitat areas (ESHA) shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

Development in wetland habitat(s) is to be avoided and to remain as open space in perpetuity. A buffer zone shall be maintained around the wetland area to minimize impacts to the habitat (see CVMC 19.86.005).

A minimum 100-foot buffer zone shall be maintained around wetlands associated with the “J” Street Marsh in the Otay District to minimize direct impact to the habitat as provided for in CVMC19.86.005. Uses in the buffer zone are limited to pathways and fencing to protect the area and provide pedestrian view points of the marsh and coastal area as provided for in CVMC 19.86.005.

Fences around the pond must be visually appealing and protect view corridors toward the waterfront and marshes. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012).

Diking, dredging, or filling of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this title, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:

Open space preservation in perpetuity of sensitive resource areas will also be required pursuant to an appropriate mechanism.

Buffers within the local coastal plan area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 12a of the certified LUP. The existing plan also provides for an adequate amount of habitat migration within the identified buffer areas based on a projected sea level rise.

In cases where buffers have not yet been established, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established. Buffers should take into account and adapt for rises in sea level by incorporating wetland migration areas or other sea level rise adaptation strategies as appropriate. The CDFG and USFWS must be consulted in such buffer determinations and, in some cases, the required buffer, especially for salt marsh wetlands, could be greater than 100 feet. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, desiltation or erosion control facilities, or other improvements deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. All wetlands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the recordation of an open space easement or other suitable device that perpetually prohibits development in wetlands and wetland buffer areas. Such devices shall include attached exhibits that consist of a legal description of the subject parcel upon which development has been approved and a graphic depiction of the easement, or otherwise restricted, area. All development activities, such as grading, buildings and other improvements, in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to increased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity.

In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site specific biological survey, the nature of the proposed development, etc., show that a smaller buffer would provide adequate protection. In such cases, the CDFG must be consulted and agree, in writing, that a reduced buffer is appropriate and the City, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. However, in no case shall the buffer be less than 50 feet. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2626 § 3, 1995; Ord. 2556, 1993; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985. Formerly 19.86.006).

Repealed by Ord. 3238 § 2 (Exh. B), 2012. (Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).