86.39.010 Purpose.

The purpose of the Tidelands Overlay Zone (TOZ) is to specify development criteria for certain unique tideland areas and other properties in the City. These criteria are in addition to the requirements of underlying zoning and are designed to permit and encourage development in the TOZ in a balanced manner that preserves their unique open space and recreational potential while permitting new economically viable coastally dependent commercial/recreation use. For the purpose of this chapter, “open space” shall be defined by CMC 86.04.550, except that “open space” shall not include areas not open for public access, roads, parking areas, or other similar facilities. In the event of conflict between the provisions of this chapter and the Coronado Municipal Code and zoning ordinance, the provisions of this chapter shall prevail. If any of the numbered section headings of this chapter are unavailable for use, other appropriate designations shall be assigned by the City Council. (Ord. 1438)

86.39.020 Properties designated.

All those properties shown on the map attached to the measure codified in this chapter shall be subject to the provisions of the TOZ.

Tidelands Overlay Zone Map

86.39.030 Development criteria.

All development in the TOZ shall comply with the following requirements in addition to the provisions of underlying zoning:

A. The total ratio for development of the entire TOZ shall not be less than 65 percent public parkland and public open space nor more than 35 percent commercial/recreation.

B. A minimum of 20 contiguous acres of the TOZ, exclusive of parking areas, roads, nonplaying facilities, and public shoreline accessways shall be improved and maintained for public park and playing facilities.

C. No more than one motel or hotel shall be permitted in the TOZ. Said motel or hotel shall be of the nonconvention type, shall be low rise, and shall contain a maximum of 300 rooms.

D. Public access to the existing shoreline shall be preserved throughout the TOZ by, at minimum, a 30-foot public accessway along the shoreline suitable for pedestrian and bicycle use.

E. No structure in the TOZ shall exceed 40 feet in height.

F. No development in the TOZ shall have a floor area ratio (the numerical value obtained by dividing the total floor area of a structure by the total lot area on which it sits) of greater than 100 percent, nor a structural coverage of greater than 60 percent. For purposes of computing floor area ratio and structural coverage, the acreage included in the 20 contiguous acre park and the acreage included in the 30-foot public accessway along the existing shoreline throughout the TOZ shall not be counted as part of any lot area.

G. Coastally dependent commercial/recreation development shall be preferred over other forms of new commercial/recreation development.

H. All new development in the TOZ shall be pursuant to a plan for development of the entire property owned or controlled by the applicant within the TOZ, and shall provide for the concurrent development of parks, public open space, and public facilities with any other permitted new development on property owned or controlled by the applicant.

I. Parking for new development in the TOZ shall conform to the standards of the Coronado Code, the San Diego Unified Port District, the Department of Navigation and Ocean Development, or the Coastal Commission, whichever is more restrictive.

J. Landscaping in the TOZ shall blend commercial/recreational areas with the public park and public open space areas, and all new development in the TOZ shall require a landscape plan approved by the Coronado Design Review Board or a City Council appointed community committee.

K. Pursuant to the authority of Section 87 of Appendix I of the Harbors and Navigation Code of California, direct vehicular access shall be provided, if feasible, from the Coronado Bridge toll station area to adjacent tideland area within the TOZ so that traffic impacts on City streets and services will be minimized. Such direct access shall be infeasible only if the City Council makes such finding supported by substantial evidence that specific economic, social or other factors make direct access infeasible.

L. Existing view corridors from City streets ends shall be preserved in all new development in the TOZ. (Ord. 1469)

86.39.040 Inclusion in local coastal program.

The provisions of this TOZ shall be included in Coronado’s local coastal program for approval by the Coastal Commission. (Ord. 1438)

86.39.050 Exceptions.

The provisions of this TOZ shall not apply to any development which has received all required discretionary approvals and building permits and on which substantial liabilities incurred in good faith as of the effective date of the initiative measure codified in this chapter.

86.39.060 Amendment.

The TOZ may be amended, repealed, or modified only by majority vote of the voters of Coronado voting at an election thereon.

86.39.070 Severability.

If any provision of this chapter shall be found invalid by a court of law, said determination shall not affect the remaining portions of this chapter which shall remain in full force and effect. The initiative measure codified in this chapter shall, if passed by the voters, or enacted by the City Council, become effective according to law. For purposes of determining qualification for exception pursuant to CMC 86.39.050 only, the effective date of the initiative measure codified in this chapter shall be deemed to be the date upon which the measure codified in this chapter passed at the polls or was enacted by the City Council, whichever occurs first.