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HomeMy WebLinkAboutReso 1994-17706 RESOLUTION NO, 17706 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN FOR 31.63 ACRES LOCATED AT THE TERMINUS OF NORTH FIFTH AVENUE FROM RESEARCH AND LIMITED MANUFACTURING TO COMMERCIAL THOROUGHFARE WHEREAS, the area of the land which is subject of this resolution consists of approximately 31.63 acres located at the terminus of North Fifth Avenue in the City of Chula Vista, California within the Town Centre II Redevelopment Project Area, and further identified as Assessor's Parcel Nos. 562-324-02 and 562-324-04 ("Project Site"); and, WHEREAS, a person having control over all or a portion of the development of the Project Site, National Avenue Associates ("Developer"), has proposed the development of an approximately 212,000 square foot retail shopping center currently known as the Channelside Shopping Center, including a WaI-Mart Store as a major tenant, as such project is more particularly described in Final Environmental Impact Report, EIR-94-02, ("Project"); and, WHEREAS, on January 21, 1994, in connection with the Project, the Developer filed applications with the City of Chula Vista ("City") for (1) General Plan Amendment from "Research and Limited Manufacturing" to "Commercial Thoroughfare", and (2) Rezoning from "I-L-P" (Limited Industrial-Precise Plan) to "C-C-P" (Central Commercial-Precise Plan) ("Discretionary Approvals Applications"); and, WHEREAS, concurrently, based on a preliminary review of the Project, the staff ("Staff") of the City and the Redevelopment Agency of the City of Chula Vista ("Redevelopment Agency") has determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff has determined that the Project is not exempt, neither statutorily or categorically, from compliance with the statutory duty, as set forth in the California Environmental Quality Act ("CEQA") to prepare an Environmental Impact Report; and, WHEREAS, City retained the services of a Consultant to prepare the Environmental Impact Report for the Project; and, WHEREAS, a draft Environmental Impact Report dated June 1994, evaluating the Project was prepared and was transmitted by the Redevelopment Agency, as lead agency, to all concerned parties for review and comment; and, WHEREAS, notice of availability of the draft Environmental Impact Report was given as required by law and by policy of the City; and, WHEREAS, a public forum on the project was held on June 30, 1994, which included a presentation on the draft Environmental Impact Report; and, Resolution No. 17706 Page 2 WHEREAS, written and comments from the public on the draft Environmental Impact Report were accepted from June 16, 1994 to August 10, 1994; and, WHEREAS, on July 25, 1994, the Resource Conservation Commission accepted the draft Environmental Impact Report, EIR-94-02, by a vote of 4 to 1; and, WHEREAS, the City Planning Commission held a public hearing, accepted public testimony and closed the public review period on the draft Environmental Impact Report on August 10, 1994; and, WHEREAS, public comments have been addressed in the Final Environmental Impact Report for the Project dated September, 1994 ("FEIR 94-02"); and, WHEREAS, a public hearing on FEIR 94-02, the Discretionary Approvals Applications and the LCP Amendment was duly noticed and held before the Planning Commission at the meeting of September 28, 1994; and, WHEREAS, the Planning Commission, at a public hearing held on September 28, 1994, considered FEIR 94-02, the Discretionary Approval Applications and the LCP Amendment, took evidence as set forth in the record of its proceedings, made certain findings as set forth in their Recommending Resolution GPA-94-02/PCZ-94-C, and recommended that City Council certify FEIR 94-02 and approve the Discretionary Approvals Applications subject to certain terms and conditions; and, WHEREAS, an Addendure to FEIR 94-02 ("Addendure 94-02A") was prepared in accordance with Section 15164 of the CEQA Guidelines; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 1, 1994 on FEIR 94-02, Addendure 94-02A, (collectively "FEIR 94-02"), the Discretionary Approvals Applications, the LCP Amendment and the CDP to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the City Council of the City, as the Responsible Agency, and the Redevelopmerit Agency, as the Lead Agency, have reviewed, analyzed and considered FEIR 94-02, the environmental impacts therein identified for this Project; the Findings of Fact ("CEQA Findings"), Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and, WHEREAS, pursuant to Joint City/Agency Resolution No. 17705 (the "CEQA Resolution") the City Council and the Redevelopment Agency have jointly certified FEIR 94-02, adopted Addendure 94-02A, made the necessary CEQA Findings with respect thereto, and adopted Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations attached to the CEQA Resolution; and, WHEREAS, the City Council has reviewed, taken and considered public testimony on, and decided to approve the General Plan Amendment for the Project; and, ....... I1'1 I' Resolution No. 17706 Page 3 WHEREAS, pursuant to the provisions of the Redevelopment Plan for Town Centre II Redevelopment Project Area (the "Redevelopment Plan"), the amendment of the City's General Plan also has the effect of amending the land uses permitted under the Redevelopment Plan. NOW, THEREI=ORE, the City Council and the Redevelopment Agency do hereby resolve as follows: h Certification of Compliance with CEQA. The City Council does hereby adopt and incorporate herein Resolution No. 17705 of the City Council and Redevelopment Agency certifying FEIR 94-02, and adopting Addendure 94-02A, the CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. II. General Plan Internally Consistent. The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent following the amendment thereof by this Resolution. IIh Conditional Approval of General Plan Amendment. The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically shown on the attached Exhibit A to change the Project Site from "Research and Limited Manufacturing" to "Commercial Thoroughfare", subject to the following conditions subsequent: A. Other Discretionary Approvals Becomes Effective. The remaining Discretionary Approvals, the LCP Amendment the CDP, and a Precise Plan for the project shall be introduced, adopted and become effective and Developer shall comply with all terms and conditions thereof. B. Project Site is Improved with Project. Developer, or their successors in interest, shall improve the Project Site with the Project. C. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures required by the CEQA Resolution. ; 1 II ~ Resolution No. 17706 Page 4 D. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of the Mitigation Monitoring and Reporting Program required by the CEQA Resolution. IV. Consequence of Failure of Conditions. If any of the foregoing 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 all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. V. Invalidity; Automatic Revocation. It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability 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 a 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 of no further in force and effect. Presented by Approved as to fgtrp by obertA.,eite, Director of Planning r Resolution No. 17706 Page 5 ~;:: ' ~ I; ' ~," . _ ~ ~ : ~ .,.-..-.~ CHULA VISTA PLANNING DEPARTMENT NA~ON~L A~ ADDRIll: SEC ~Bml~ay md SR-M ~ff~ Plan Amudment l ~ne NOR~ 1" ~ 4~* PCZ-~-C Resolution No. 17706 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of November, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: \ Vicki C. Soderquist, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17706 was duly passed, approved, and adopted by the City Council at a joint City Council/Redevelopment Agency meeting held on the 15th day of November, 1994. Executed this 15th day of November, 1994. Vicki C. Soderquist, DepcC, y. City Clerk 'Ill I'