HomeMy WebLinkAboutReso 1994-17707 RESOLUTION NO. 17707
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT #068 FOR THE CONSTRUCTION OF
THE CHANNELSIDE (WAL-MART) SHOPPING CENTER
CONSISTING OF APPROXIMATELY 220,000 SQUARE FEET OF
RETAIL COMMERCIAL FLOOR AREA LOCATED AT THE
SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD
(BROADWAY) AND STATE ROUTE 54 SUBJECT TO
CONDITIONS OF APPROVAL
WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been certified by
the California Coastal Commission; and,
WHEREAS, said LCP includes coastal development procedures determined by the
Commission to be legally adequate for the issuance of Coastal Development Permits and the
City of Chula Vista has assumed permit authority for the Chula Vista Coastal Zone; 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, the Developer requested that the City process an amendment
to the certified Chula Vista Local Coastal Program ("LCP Amendment") and issue a Coastal
Development Permit ("CDP") thereunder; and,
WHEREAS, the Community Development Department prepared and disseminated a
Notice of Availability of LCP Amendment #12 in accordance with Title 14, Division 5.5 of the
California Code of Regulations at least six weeks prior to the schedule City Council public
hearing on said LCP Amendment #12; and, the Community Development Director gave notice
of a City Council public hearing on LCP Amendment #12, together with its purpose, by
publication in a newspaper of general circulation in the city and said notice was distributed
in accordance with Title 14, Division 5.5 of the California Code of Regulations; and,
WHEREAS, the Community Development Director gave notice of a City Council public
hearing on Coastal Development Permit #068, together with its purpose, by publication in a
newspaper of general circulation in the city and disseminated said notice in accordance with
adopted Coastal Development Permit procedures; and,
WHEREAS, the Planning Commission, at a public hearing held on September 28, 1994,
considered FEIR 94-02, the Discretionary Approvals Applications and the LCP 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 and the LCP
Amendment subject to certain terms and conditions; and,
Resolution No. 17707
Page 2
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
Redevelopment 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 attached hereto; and,
WHEREAS, pursuant to Joint City/Agency Resolution No. 17705 (the "CEQA"
Resolution), the City Council and the Redevelopmerit Agency have jointly certified FEIR 94-02
and Addendure EIR 94-02A thereto, made the necessary CEQA Findings, and adopted the
Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations
attached to the CEQA Resolution; and,
WHEREAS, on November 1, 1994, the City Council of the City of Chula Vista held a
public hearing on LCP Amendment #12 in accordance with Title 14, Division 5.5 of the ~'~'
California Code of Regulations; and,
WHEREAS, subsequently, on November 1,1994, the City Council of the City of Chula
Vista held a public hearing on Coastal Development Permit #068 in accordance with adopted
Coastal Development Permit procedures; and,
WHEREAS, the City Council of Chula Vista, as Coastal Development Permit "approving
authority" has reviewed the Channelside (WaI-Mart) Shopping Center proposal to construct
approximately 220,000 sq. ft. of retail commercial floor area to be located at the southeast
quadrant of National City Boulevard (Broadway) and State Route 54; and,
WHEREAS, the City Council finds, based on the following findings and subject to
conditions of approval listed in Attachment I and contingent on the approval of LCP
Amendment #12 by the California Coastal Commission, that the proposed Channelside (Wal-
Mart) Shopping Center project is in conformance with the policies of the certified Chula Vista
Local Coastal Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve:
1. The City Council does hereby adopted and incorporated herein Joint City Council and
Redevelopment Agency Resolution No. 17705 certifying Final Environmental Impact
Report EIR 94-02, and adopting Addendure EIR 94-02A thereto, the CEQA Findings,
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Resolution No. 17707
Page 3
the Mitigation Monitoring and Reporting Program, and the State of Overriding
Considerations.
2. The project site is currently undeveloped and does not provide coastal reliant
recreational
3. The project is not located near or adjacent to the coast or bay, therefore, traffic
generated by the project will not interact with coastal traffic and the project will not
interfere with coastal access or coastal traffic circulation.
4. The proposed land use will be allowed by Local Coastal Program Amendment #12 to
the Chula Vista Local Coastal Program. The proposed land use has been reviewed and
found, subject to conditions, and contingent on the approval of LCP Amendment #12,
to be consistent with the policies of the certified Chula Vista Local Coastal Program.
5. A portion of the historic Sweetwater River is located along a portion of the Western
edge of the project site. The project proposes to upgrade and supplement the onsite
wetlands and create and landscape a substantial wetland buffer, therefore, coastal
sensitive habitat will be enhanced and protected as part of the project development.
BE IT FURTHER RESOLVED that the City Council hereby approves Coastal
Development Permit #068 subject to conditions listed in Attachment 1 herein attached.
Presented by Appro a~ to for~ ~
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Resolution No. 17707
Page 4
A'ITA(2tMENT I
Coastal Development Permit #068
C3~*--elside 0Nal-Man) Shopping Cente~
November 1, 1994
CONDITIONS OF APPROVAL
A. Approval of Coastal Development Permit #068 shah be contingent on the California Coastal
Commission's approval of LCPA #12 and shah be subject to any conditions placed on LCPA #12 by
the California Coastal Commission.
B, Approval of Coastal Development Permit #068 shah be contingent on the approval of and subject
to any conditions placed on the U. S. Coastal Guard Bridge Permit (Kivers & Harbors Act - Section
10), the U. S. Army Corp of Engineers 404 permit (Nationwide permit under #14, #15, or #16),
and the California Department of Game Streambed Alternation Agreement (1603 consultation).
C, Building pads must be elevated to comply with FEMA regulations and the developer shall comply
with floodplain regulations or obtain an exception from the Board of Appeals for the Dixieline
owned portion of the project prior to issuance of a building permit.
D. The developer shah obtain a grading permit from the City and provide erosion control as ~'~
determined by the City Engineer. When the grading plan for the project is submitted to the City
of Chula Vista, separate coastal development permit review shah be required.
E. The project shah incorporate all conditions of approval set forth in Tentative Parcel Map #95-03.
F. The developer shall comply with applicable regulations of the National Pollutant Discharge
Elimination System (NPDES).
G. The applicant is required to comply with the requirements set forth in the Channelside Shopping
Center Mitigation Monitoring and Reporting Program (MMRP) approved for the proposed project.
H. The applicant is required to implement the Broadway Plaza Biological Program dated August 29,
1994 and as maybe revised in the future by the U. S. Fish and Wildlife Service.
I. Freestanding signage may be allowed adjacent to the SR-54 corridor in lieu of wall signage (height
and size to be determined), subject to review of an approval of the Design Review Committee.
J. Site development shah be subject to Design Review Committee (DRC-94-38) conditions of approval.
K. Site development shall be subject to City of Chula Vista Line Department conditions of approval
including those conditions set forth by the Redevelopment Agency.
L. All landscaping within the wedands and buffers shall be in compliance with the adopted Broadway
Plaza Biological Mitigation Program dated August 29, 1994 as may be revised by the U. S. Fish and
Wildlife Service. 7
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Resolution No. 17707
Page 5
M. A 15' to 25' landscape buffer with enhanced landscaping complementary to landscaping within the
SR-54 right-of-way shah be provided along the northerly property line as a componenet of the Chula
Vista Greenbelt.
N. Exterior lighting associated with the development, including the parking lot lighting shall be
designed to not shine direcdy on or increace the background level of lighting on any coastal salt
marsh habitat.
O. The project shah comply with grading and drainage provisions set forth in Section 19.81.050J of
the Bayfront Specific Plan, particularly the special provisions for the Inland Parcel in Section
19.81.050 J.2.d Grading provisions shah be incorporated into grading plan notes as appropriate.
P. A complete floor plan shah be required to be submitted to the Building and Housing DeparUnent
to determine that disabled access and exiting regulations will have been met.
Q. The development shah comply with Uniform Building Code Section 506(b), Unlimited [building]
Area which states that a building shah not be limited if the building is provided with an approved
automatic sprinkler system throughout and is entirely surrounded and adjoined by public ways or
yards not less than 60 feet in width.
R. All landscaping, plant material, irrigation, revegetation, and fertilization programs shall be prepared
and implemented in compliance with the Fmal mitigation plan approved by the U. S. Fish and
Wildlife Senrice.
S. Issuance of Coastal Development Permit #068 is contingent on approval of the Precise Plan by the
Redevelopment Agenct and shah be subject to conditions set forth in such Precise Plan.
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Resolution No. 17707
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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:
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. 17707 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, Dehuty City Clerk