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HomeMy WebLinkAboutReso 2000-465 DOC # 2006-0:3:37:324 illlliil illlllll lIill IIlill Ii! 1111111111111111111111111 !111111111111 1 Recording requested by: City ofChula Vista M,lW12,2006 11:47 AM After recording return to: City Clerk's Office City of Chula V isla 276 Fourth Avenue Chula V isla, CA 91910 il~~I' L;:',L Hllllf~LI', ,;}j 1.'11:1_,'-11: :UNI: i'iFI i-If-:[Il::", liH 11.[- '.;I-H: 111 ;i!',' ,I ' ~,'1! [f i (,UUN 1 I I ,f_ i ,j IHe 't f-i Frl:.', n OIJ f',ol.,[' 11 ! II11I1 II!II 1111111111 !illl 11111 11111 11111 11111 II!!! 11111 I I!!! 1111I 11111 1111 1111 This space for Recorder's use only I~! N~ I '( :)(\ RESOLUTION NO. 2000-465 DocUlllent Tille - . -- RESOLUTION NO. 2000-465 (Agency Resolution No. 1708) RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A GENERAL PLAN AMENDMENT TO THE CIRCULATION ELEMENT TO RECLASSIFY H STREET BETWEEN THIRD AVENUE AND FOURTH AVENUE FROM A SIX LANE MAJOR STREET TO A FOUR LANE MAJOR STREET AND A SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF AN OFFICE AND COMMERCIAL RETAIL DEVELOPMENT WITH ASSOCIATED PARKING STRUCTURE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET WHEREAS, the General Plan has not been amended more than three times this calendar year (2000). A. RECITAL 1. Project Site WHEREAS, the parcel 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 Northwest Comer of Third Avenue and H Street ("Project Site"); and 2. Project Applicant WHEREAS, on October 20, 1999 a duly verified application for a Specific Plan (PCM- 00-11) was filed with the City of Chula Vista Community Development Department by Gateway Chula Vista, LLC (Applicant); and WHEREAS, on August 25, 2000 a duly verified application for a General Plan Amendment to the Circulation Element was initiated by the Community Development Department of the City of Chula Vista; and 3. Project Description; Application for General Plan Amendment and Specific Plan WHEREAS, applicant requests adoption of a Specific Plan to allow the development of approximately 335,000 square feet of Office and Commercial Retail Development with associated parking structure and a General Plan Amendment to the Circulation Element to reclassify H Street to a Four Lane Major Street from a Six Lane Major Street ("Project"); and 4. Plannin~ Commission Record on Application WHEREAS, the Planning Commission held a duly noticed Public Hearing to consider said application on October 25, November 8, and November 15, 2000, and after considering all evidence and testimony presented recommended by a vote of 5-0 that the City Council of the City of Chula Vista and the Redevelopment Agency APPROVE the General Plan Amendment and Specific Plan; and Resolution 2000-465 Page 2 5. City Council and Redevelopment Agency Record of Application WHEREAS, a duly called and noticed joint public hearing on the Project was held before the City Council and Redevelopment Agency of the City of Chula Vista on December 12, 2000 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearings on this project held on October 25, November 8, and November 15, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION WHEREAS, the Planning and Environmental Manager for the Redevelopment Agency prepared an Initial Study, and determined that project specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level for the proposed General Plan Amendment and Specific Plan and said mitigation measures have been adopted into the project. A Mitigated Negative Declaration was prepared; and D. CERTIFICATION OF COMPLIANCE WITH CEQA WHEREAS, the City Council and the Redevelopment Agency of the City of Chula Vista find jointly that the Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the City Cotmcil and the Redevelopment Agency of the City of Chula Vista find jointly that the Mitigated Negative Declaration reflects the independent judgment of the City Council and the Redevelopment Agency of the City of Chula Vista and hereby adopt the Mitigated Negative Declaration. E. GENERAL PLAN AMENDMENT/SPECIFIC PLAN FINDINGS 1. It is the goal of the City (Goal 1 of the Land Use Element) to have a large and diversified economic base, while maintaining or increasing the existing sources of employment. The redevelopment of the site with high quality office and commercial uses will provide an opportunity to increase the employment base of Chula Vista's core. 2. The goal of the City (Goal 2 of the Land Use Element) is to improve and increase the retail base of the City, making the City an attractive place to shop for comparison and durable goods. The restaurants, retail shops and services planned for the Gateway Chula Vista Specific Plan will assist the City in obtaining this - goal by increasing the retail base in the Town Centre I Area. In addition, the project's high quality building and landscaping required for the streetscape, Resolution 2000-465 Page 3 comer plaza, and courtyards will act as a catalyst for the redevelopment of the surrounding area into a vital and attractive place to shop for residents of the City and the region. 3. It is the goal of the City to monitor and direct its growth such that quality of life in the City is maintained or improved. The General Plan Amendment and Specific Plan comply with these goals because they direct amenities and shopping opportunities to an undemtilized area, while insuring that all necessary public facilities and services will be available at the time of need. A traffic study has been prepared finding that the surrounding circulation system will be able to maintain the required level of service provided certain improvements which have been incorporated into the project are made to the intersection of H Street and Third Avenue. 4. It is the goal of the City to inform the public, promote public interest and understanding, and solicit comments in the formulation and review of the General Plan. The General Plan Amendment, and the Specific Plan which implements it, have enjoyed the public review process of the City to include the Resource Conservation Commission, the Design Review Committee, the Town Centre I Project Area Committee, and the Planning Commission. 5. The project's proposed uses will be compatible with the adjacent multi-family residential uses because: a) a landscape buffer and screening of the parking structure will eliminate potentially adverse views from adjacent residents; b) high activity areas, such as courtyards, restaurants, and loading zones, are located within the center of the project site; c) architectural treatments shall be used on all sides of the project's buildings and parking structure; and d) a variety of shopping amenities will be provided to create a neighborhood focal point for the area.. 6. The uses proposed for the Gateway Chula Vista project will also be compatible with the surrounding commercial uses because: a) adequate parking will be provided to serve the project; b) high quality architectural and landscaping will be used to enhance the character of the area; and c) extending Building I in fi'ont of the parking structure will establish a link to the existing Town Centre I commercial area and enhance the urban experience along Third Avenue. NOW, THEREFORE BE IT HEREBY RESOLVED that, based upon the above listed findings, the City Council and the Redevelopment Agency of the City of Chula Vista hereby certify the Mitigated Negative Declaration and approve General Plan Amendment 01-02 and Specific Plan PCM-0011 in accordance with the findings and subject to the conditions contained herein; to wit BE IT FURTHER RESOLVED that from the facts presented to the City Council, the Council determines that the Gateway Specific Plan is consistent with the General Plan of Chula Vista as currently amended by this resolution. F. CONDITIONS OF APPROVAL Resolution 2000-465 -- Page 4 Planning and Building 1. Prior to the issuance of building permits, a landscape and irrigation plan shall be reviewed and approved by the City Landscape Planner. 2. Prior to occupancy, all landscaping and hardscape improvements shall be installed in accordance with the approved landscape plan. 3. The final landscape plan shall provide for an architecturally treated masonry wall along appropriate project boundaries as determined by the City Landscape Planner adjacent to residential properties. 4. Colors and materials shall match the final colors and materials as approved by the Design Review Committee. 5. The project shall be constructed as submitted which incorporates all mitigation measures and is consistent with the General Plan and the Specific Plan, unless otherwise modified herein or by the Design Review Committee. 6. Prior to issuance of building permits, the applicant shall comply with all of the requirements of the Building Division. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform with Sections 9.20.055 of the Chula Vista Municipal Code regarding graffiti control. 8. Prior to the issuance of building permits, the applicant shall return to the Design Review committee for the approval of a sign program. 9. All mitigatioh measures outlined in the Mitigated Negative Declaration for the project shall be complied with in perpetuity. 10. A Comprehensive Traffic Demand Management Plan shall be prepared prior to occupancy to the satisfaction of the City Engineer. 11. 50% of all solid waste on site shall be diverted to a recycling center pursuant to California Public Resources Code Section 41780. Resolution 2000-465 Page 5 12. Prior to the issuance of building permits, the applicant shall pay all required fees, including but not limited to, schools, etc. Engineering 13. Prior to the issuance of the first building permit for the Project, the developer shall dedicate: 7 feet of fight-of-way along the Project's full frontage on 3rd Avenue (approximately 150 feet) and 6 feet of fight-of-way along H Street for 370 feet, followed by 220 feet of transition to 3 feet, then 3 feet for the remainder of the Project's frontage to the westerly property line. 14. The developer shall submit for approval by the City Engineer, street improvement il d plans for f Avenue and H Street that show a right tum only lane on 3r Avenue, along with new concrete curb, gutter, and sidewalk, relocation of existing facilities, and construction of the three project driveways shown on the site plan approved by the Design Review Committee on November 6, 2000, all constructed in the right-of-way. The improvement plans shall also show revised traffic controls, delineation and appurtenances per the direction of the City Engineer. All work in the City right-of-way shall conform to the City of Chula Vista Design and Construction Standards Manual. Developer shall obtain a construction permit to perform any work in the City's right-of-way. 15. The Specific Plan identifies a Development Phasing Plan consisting of three phases, each one corresponding to the construction of one of the Project's three buildings and associated street improvements within adjacent City right-of-way. Prior to issuance of the first building permit for the first phase of the Project, the developer shall provide security satisfactory to the City Engineer and City Attorney for construction of all of the street improvements required for all three phases, provided, however, that the developer may construct the street improvements in phases according to the Development Phasing Plan, if approved by the City Engineer. In the event the developer constructs said street improvements in phases, the improvement plans shall show approved transitions between existing and new improvements, including temporary driveways. The security for street improvements shall include the cost of demolition, removal and reconstruction of temporary as required to install the next phase of the improvements. All bonds required for the Project shall be issued by a surety with a Best's A.V. rating or better and shall be in a form approved by the City Attorney. Developer's security provided herein shall be reviewed by City Engineer every year. When the bond expires it shall be renewed by the Developer. 16. If any aspect of the Project's approved Development Phasing Plan is proposed to be modified a revised phasing plan, along with improvements phasing, shall be submitted for approval by the Director of Community Development and the City Engineer. Resolution 2000-465 Page 6 17. Prior to the issuance of a building permit for the third phase of the Project, the developer shall comply with the Transportation/Traffic Mitigation Measures identified in the Mitigated Negative Declaration for the Project which are triggered by the third phase (any that are triggered earlier must be completed at time of need), and shall post a cash deposit in an amount determined by the City Engineer to be sufficient to construct a right-turn-only lane on northbound 3r~ Avenue at H Street. The cost of the right-turn-only lane shall include, but not be limited to: all direct and indirect costs associated with acquisition of right_of_way, clearing, demolition, and reconstruction of existing public and private improvements and the design and construction of the lane to the specifications established by the Director of Public Works. The cash deposit shall be retained by the City until the City determines that the mitigation measure is needed to achieve or maintain established Traffic Monitoring Program Thresholds for the intersection or adjoining roadway segments. At which time, the City may use the funds, including the accrued interest, to construct the right-turn-only lane. Developer shall pay to the City any difference between the total costs incurred to perform the work, including reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and the funds deposited including accrued interest. 18. Prior to the issuance of a building permit for the third phase of the Project, the developer shall submit for approval by the City Engineer a traffic study that shall analyze the need for a traffic signal at the Project's permanent driveway on H Street. If the traffic signal is warranted, it shall be constructed by the developer in accordance with plans submitted to and approved by the City Engineer. 19. Prior to the issuance of a building permit for the third phase of the Project, the City Engineer may determine, in his/her sole discretion that left tums out of the project's driveways onto either or both 3rd Avenue or H Street shall be prohibited in the interest of safety and prudent traffic management. In which case, the developer shall be required to construct raised medians or other approved means to prohibit the left turns from the Project's driveways. This condition does not prevent the developer from presenting traffic analyses that demonstrate to the satisfaction of the City Engineer that the left turns out will not pose a continuing safety hazard or impediment to traffic operations. 20. Drainage facilities as approved by the City Engineer shall be provided to convey all drainage on the property to discharge into or connect to a public storm water conveyance system. Drainage easements must be granted for any off-site drainage facilities. 21. Prior to the issuance of the Project's first building permit, submit for approval by the City Engineer a sewer capacity study that demonstrates there is adequate capacity in existing sewer facilities for Project build-out. Resolution 2000-465 Page 7 22. The project driveway entrances shall be constructed per Regional Standard Drawing No. G-17, or modifications thereto approved by the City Engineer. Pedestrian access ramps, if required to transition between the driveway and the adjacent sidewalks, shall be in compliance with American with Disability Act standards. 23. Developer shall obtain an encroachment permit before placing any private facilities within the City's street fight of way and/or easements. 24. Developer shall obtain approval from City Engineer of a Land Development package (Grading Permit) for approval prior to the issuance of each building permit. The permit package shall include: a. A hydrology study that shows the post-development flow rate does not exceed the pre-development flow rate. This study shall address conditions at the Project's build-out. b. A geotechnical/Soils study identifying any possible adverse geotechnical conditions. c. Letters of permission for any offsite grading. 25 Developer shall ensure project complies with Chula Vista Municipal Code Chapter 14.20 for discharge of stormwater to the public stonn water conveyance system. Specifically the developer is required to comply with Section 14.20.120 "Reduction of Pollutants Contacting or Entering Storm Water" and is required to implement Best Management Practices (BMPs) to prevent pollution from entering storm drainage systems, both during and after construction. Structural and non structural BMPs to prevent pollution of storm drainage systems shall be specified in the Project's Storm Water Pollution Protection Plan. BMPs shall include, but not be limited to, the following measures: a. Effluent from car detailing operations shall not enter into the street gutter or other storm drains. b. Provisions shall be made to dispose of the effluent in accordance with all local, state, and federal regulations. c. Parking areas and paved open spaces shall be swept frequently to prevent build up of trash and other pollutants that may enter storm drainage system. d. Adequate number of litter receptacles shall be provided, particularly near food establishments, in order to prevent trash from entering storm drainage systems. e. Demolition of existing structures shall be carried out or supervised by licensed hazardous waste handling experts, if hazardous waste materials are identified to exist. Resolution 2000-465 -- Page 8 26. Prior to issuance of building permits, the Developer shall pay all required fees including but not limited to the following fees for each building, based on the final building plans submitted: Sewer capacity fee, Development Impact Fees, and Traffic Signal Fees. 27 Prior to issuance of building permits for each phase, the developer shall pay a water capacity charge, a water storage assessment, meter fees, lateral fees, and abandonment fees to the appropriate water district. 28 Developer shall cause to be constructed by occupancy of the first phase, an H Street bus stop approximately halfway between the intersection at H Street and Third Avenue and the valet parking turnout. Location and construction shall be to the satisfaction of the City's Transit Coordinator. Fire Department 29. A 20 foot wide fire lane with 13.5 feet of unobstructed vertical clearance shall be provided at all times to the satisfaction of the Fire Marshal, all primary buildings shall be fully sprinklered, and fire flow shall be 1500 gallons per minute at 20 pounds per square inch. ' Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless City and Redevelopment Agency, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs, and attomey's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and b) Applicant's installation and operation of the facility permitted hereby. Applicant shall acknowledge their agreement to this provision by executing a copy of this resolution where indicated below. Applicant's compliance with this provision is an express condition of this Specific Plan and this provision shall be binding on any and all of Applicant's successors and assigns. F. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute, litigate, or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. Resolution 2000-465 Page 9 G. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council and the Redevelopmerit Agency that its adoption of this Resolution is dependent upon enfomeability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by the court of competent jurisdiction to be invalid, illegal, or unenforceable, if the City so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in fome or in effect. H. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The applicant shall execute this document by signing the lines provided below, said execution indicating that the applicant has read, understood, and agreed to the conditions contained therein. Upon execution, this document shall be recorded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to sign this document within ten days of approval shall indicate the applicant's desire that the project, and the corresponding application for building permits, be held in abeyance without approval. Said document will also be on file in the Co f n elopment De_p,~les teway Chula Vista, LLC / Date resented by Approved as to form by Chris Salomone Jo . Kaheny ~ Community Development Director ity Attorney Resolution 2000-465 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 12th day of December, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, i~yor ATTEST: Susan Bigelow, City Cler~ STATE OF CALIFORNIA ) _ COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2000-465 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of December, 2000. Executed this 12th day of December, 2000. Susan Bigelow, City Clerk