HomeMy WebLinkAboutItem 3 - Addendum to EIRItem 3
PUBLIC HEARING:
Consideration of Addendum to Environmental Impact Report
UPD #83356 -EIR- 658 /SCH #2005081077 and proposed amendments to the
Chula Vista Local Coastal Program Land Use Plan and Specific Plan,
and Chula Vista Municipal Code Chapters 19.81 thru 19.87
Commissioners,
I have provided hard copies of Item 3:
1) The agenda statement
2) Attachment 1— the Local Costal Plan Area Map
3) Attachment 2 — The Addendum to the EIR
4) Attachment 3 — The Planning Commission Resolution PCM 14 -03)
5) Attachment 4 — Draft City Council Resolution
6) Attachment 6 — Draft City Ordinance
On the CD, you will find everything provided as a hard copy AND
The LUP amendment (exhibit to Attachment 4 — City Council Resolution)
SP amendments (exhibit to Attachment 5 — City Ordinance.
The additional information is all in color and we felt it was more economically
feasible to provide them on a CD. Any questions, please contact me.
Thank you,
CHULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: 3
Meeting Date: June 11, 2014
ITEM TITLE: PUBLIC HEARING: Consideration of Addendum to Environmental
Impact Report UPD #83356 - EIR -65B /SCH #2005081077 and proposed
amendments to the Chula Vista Local Coastal Program Land Use Plan and
Specific Plan, and Chula Vista Municipal Code Chapters 19.81 thru 19.87
RESOLUTION PCM -14 -03 of the Planning Commission of the City of
Chula Vista adopting Addendum to Environmental Impact Report
UPD #83356- EIR -65B /SCH #2005081077, making certain findings and
recommending that the City Council of the City of Chula Vista adopt
Addendum to Environmental Impact Report UPD #83356 -EIR-
65B /SCH #2005081077 and approve the proposed amendments to the
Chula Vista Local Coastal Program consisting of the Land Use Plan and
the Specific Plan, and amend Chula Vista Municipal Code Chapters 19.81
thru 19.87
SUBMITTED BY: Miguel Z. Tapia, Senior Planner
REVIEWED BY: Kelly Broughton, Development Services Director
INTRODUCTION
During the past twelve years the City of Chula Vista and the San Diego Unified Port District in
collaboration with the Community have arduously worked on the preparation of a comprehensive
Master Plan and Local Coastal Program (LCP) for the Chula Vista Bayfront. The area of the
City's Bayfront covered by the LCP is shown in the attached map (Attachment 1). California
State Law requires that coastal cities adopt an LCP, which must be certified by the California
Coastal Commission before the LCP can become effective and implemented by the local
jurisdiction. The LCP, which is composed of a Land Use Plan (LUP) and Specific Plan (SP),
was certified by the California Coastal Commission at its public meeting of August 9, 2012 and
the LCP was approved and adopted by the City Council of the City Chula Vista on September
25, 2012. Subsequent to the adoption of the certified LCP, it was determined that some minor
changes to the documents needed to be made.
The revisions to the certified LCP are necessary because the language and provisions of the LCP
documents have been superseded by changes in the City's regulations and processes during the
past ten years. Some of the nomenclature in the documents did not correspond to the current
conditions and a few provisions needed to be clarified. This created the need for a "clean-up" of
the documents, which needs to be done through a minor amendment to the LUP and SP. The
"clean up" changes are described in this report.
Item 3
June 11, 2014
Page 12
This item is being presented to the Planning Commission with a recommendation for the City
Council to approve the amendments. Once approved by the City Council, the proposed
amendments will be forwarded to the Coastal Commission for approval and certifications.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project was covered
in previously adopted Environmental Impact Report UPD #83356- EIR -65B /SCH 92005081077.
The Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in Section
15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have
occurred; therefore, the Development Services Director has prepared an addendum to this
document (see Attachment 2).
RECOMMENDATION
That the Planning Commission adopt Resolution PCM -14 -03 recommending that the City
Council adopt Addendum to Environmental Impact Report UPD 483356 -EIR-
65B /SCH #2005081077, approve the proposed LCP Amendment and amendments to Chula Vista
Municipal Code Chapters 19.81 thru 19.87, as presented in the Draft City Council Resolution
and Ordinance attached thereto.
DISCUSSION
The City, Port and community began preparation of the Bayfront Master Plan and LCP in 2002.
The LCP was certified by the California Coastal Commission in August 2012 and adopted by the
Chula Vista City Council on September 25, 2012. The area of the City's Bayfront covered by the
LCP is shown in the attached map (Attachment 1). As outlined below, the proposed amendments
will ensure the documents are clear and consistent with changes in conditions and circumstances
that occurred while the documents were in process between 2002 and 2012.
At the time that the LCP was under preparation, processing and adoption, the City undertook
significant Municipal Code changes particularly related to the boards and commissions in charge
of reviewing projects and making recommendations to the City Council. These changes were
not reflected in the final LCP. For example, by the time the LCP was adopted, the Chula Vista
Redevelopment Corporation was not in effect and the Design Review Committee had been
merged with the Planning Commission. These developments made the document seem outdated
by the time its adoption process was complete. Thus, at the end of the process various clean up
revisions were needed, none of which cause any substantial changes in the LUP and SP
provisions.
The proposed changes to the LCP documents can be generally summarized as follows:
• Update references to City Council documents approving the LCP on September 25, 2012;
• Remove references to non - applicable and non - existing boards and committees;
Item 3
June 11, 2014
Page 13
• Include new applicable boards /committees;
• Make a minor change to maps /graphics related to coastal area boundaries to exclude a
Caltrans property at the interchange of I -5 and SR -54;
• Remove outdated specific business names and replace with general business types;
• Add a building footprint to Parcel 2 -h on Exhibits 8a, 8b, and 14;
• Add language to further clarify that a retail market is permitted on Parcel 2 -h in the
Commercial — Professional and Administrative Zone;
• Include 44 -foot height limitation for Parcel 3 -1, on Height Table, consistent with the
requirements of the I -G zone; and
• Remove Tax - Increment Financing and Set Aside Funds as sources of funding for the
implementation of the LCP due to the closure of Redevelopment Programs by the State.
The detailed amendments to the LUP and SP are presented in Attachments 4 and 5 as exhibits to
the Draft City Council Resolution and Ordinance, respectively. The proposed amendments do
not constitute a substantial change in the documents' objectives, policies or regulations, nor do
they affect compliance with the policies of the California Coastal Act.
ANALYSIS
As it can be seen from the above list, most of the changes are intended to update references to
documents, boards /commissions, and businesses located on the Bayfront; others are intended to
corrects errors in the map making process (remove a Caltrans property that should be outside of
the LCP boundaries), or put back information that was left out by mistake (44 -foot height
limitation). The introduction of more specific language that a retail market is permitted on
Parcel 2 -h (LUP page III- 17)(see Exhibit B of the attached City Council Resolution) is intended
to confirm and state clearly that this type of use is allowed as part of the development of
administrative and commercial office space. Existing language in the Certified LUP (p. IV -5)
indicates generally that future development for Parcel 2 -h "consists of office, retail and a hotel."
This language is generally repeated in another part of the page. It is important to include more
specific and clearer language in the LUP and SP indicating that a retail market is permitted on
Parcel 2 -h, and thus avoid any misinterpretation during subsequent review of development
proposals for that site. The purpose of introducing specific language as part of the proposed LCP
Amendment is to insure internal consistency in the documents. Also, the EIR that was prepared
for the 2012 amendment included analysis of the potential impacts of up to 120,000 square -feet
of retail space on parcel 2 -h.
Three exhibits that are part of the 2012 Certified LUP (Exhibits 8a, 8b, and 14) show the
northern part of Parcel 2 -h with an empty space. The proposed Amendment shows the footprint
of a building on this portion of Parcel 2 -h (see Exhibit B of the attached City Council
Resolution). The addition of the footprint to the exhibits is also intended to clarify and confirm
that said space is designated for the retail building, thus avoiding a potential mis- interpretation.
The maximum allowable height for this building is 30 feet. Since these elements were already
Item 3
June 1], 2014
Page 14
mentioned generally in the LCP and analyzed in the EIR, their clarification and confirmation in
the LCP does not constitute a substantial change.
The addition of the 44 -foot building height limitation on Parcel 3 -1, (Table 3 -1.5, page III -19)
(see Exhibit B of the attached City Council Resolution) is to address an oversight during the
preparation of the LCP documents, whereby this number was left out of the table by mistake.
The CVMC requires that all parcels be assigned a building height limitation that corresponds to,
and is generally the same as, other parcels in the area. The General Industrial zone within the
LCP has a height limitation of 44 -feet, with minor exemptions. Thus, the height limitation on
Parcel 3 -L is consistent with building heights in the rest of the zone.
Perhaps the most noticeable change in the Specific Plan (strikeout of a half -page section on pp.
89 and 90) (see Exhibit B of the attached Ordinance) is the removal of the Redevelopment Funds
as a funding mechanism for the implementation of the LCP. The removal of these funds is due
to the closure of redevelopment programs and funding mechanisms by the State, which took
place in December 2012. Per State Law, redevelopment funds may not be used to fund new
projects that would come in as part of the LCP.
In summary, the proposed changes to the LCP documents are inconsequential for the land use
policy and regulatory nature of the documents; they are intended to bring the documents up to
date with City actions related to phased -out review processes and boards /commissions, and to
correct and clarify provisions to prevent misinterpretation in the future. The purpose of the
proposed changes is to have internally- consistent, clear, accurate, and reliable policy and
regulatory documents for the proper development of the Chula Vista Bayfront with the projects
contained therein. Staff, therefore, recommends that the Planning Commission recommend to
the City Council the approval of the LCP Amendment as presented in the attached City Council
Resolution and Ordinance.
PUBLIC NOTICING
Processing of the proposed LCP Amendment went through two levels of public review.
California Public Resources Code requires that amendments to LCP's be set for public review
for a period of 45 days prior to their presentation to policy- makers for consideration. Staff set
the proposed LCP Amendment for public review from March 17, 2014 through May 1, 2014.
The documents were deposited for public consultation at the Chula Vista Public Library Civic
Center and South Chula Vista branches, and an electronic copy of the documents was also
available on the City's web site and the link was included in the written notice. A written public
notice was mailed to all property owners within the LCP Area.
As part of the Planning Commission public hearing on the LCP Amendment, a new notice of
public hearing was sent to and published in the Star News on May 30, 2014. A copy of the
notice was also mailed to all property owners within the LCP Area. A copy of the LCPA
documents remained in the library branches and City's website for public consultation until the
day of the Planning Commission hearing.
Item 3
June 11, 2014
Page 15
DECISION -MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission and has found no property
holdings within 500 feet of the boundaries of the property, which is the subject of this action.
Staff is not independently aware, nor has staff been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision maker conflict of interest in
this matter.
ATTACHMENTS
1. Local Coastal Plan Area Map
2. Addendum to EIR
3. Planning Commission Resolution PCM -14 -03
4. Draft City Council Resolution (with LUP amendments as Exhibit B)
5. Draft Ordinance (with SP amendments as Exhibit B)
ATTACHMENT 2
ADDENDUM TO THE
ENVIRONMENTAL IMPACT REPORT FOR THE
CHULA VISTA BAYFRONT MASTER PLAN
(UPD #83356 -EIR- 658 /SCH #2005081077)
PROJECT NAME: Amendments to the Chula Vista Bay Front Master Plan - 2014
PROJECT LOCATION: City of Chula Vista Bay Front, located within Port of San Diego
Tidelands, situated at the southeastern edge of the San Diego Bay.
Project site is generally situated west of Interstate 5, between E
Street and Palomar Street, within the City of Chula Vista.
PROJECT APPLICANT: City of Chula Vista
Development Services Department
276 Fourth Ave
Chula Vista, CA 91910
CASE NO: UPD #83356 -EIR- 658 /SCH #2005081077
DATE: May 19, 2014
I. BACKGROUND
During the past twelve years the City of Chula Vista and the San Diego Unified Port District in
collaboration with the Community have worked on the preparation of a comprehensive Master
Plan and Local Coastal Program (LCP) for the Chula Vista Bayfront. California State Law
requires that coastal cities adopt an LCP, which must be certified by the California Coastal
Commission before the LCP can become effective and implemented by the local jurisdiction.
The LCP, which is composed of a Land Use Plan (LUP) and Specific Plan (SP), was certified by
the California Coastal Commission at its public meeting of August 9, 2012 and the LCP was
approved and adopted by the City Council of the City Chula Vista on September 25, 2012.
Subsequent to the adoption of the certified LCP, it was determined that some minor and
inconsequential changes to the documents needed to be made.
Minor revisions to the certified LCP are necessary because the language and provisions of the
LCP documents have been superseded by changes in the City's regulations and processes during
the past ten years. Some of the nomenclature in the documents did not correspond to the current
conditions and a few provisions needed to be clarified. This created the need for a "clean -up" of
the documents, which needs to be done through a minor amendment to the LUP and SP.
Addendum to Bay Front Master Plan EIR
May 14, 2014
II. PROPOSED AMENDMENTS
The proposed changes to the LCP documents can be generally summarized as follows:
• Update references to City Council documents approving the LCP on September 25, 2012;
• Remove references to non - applicable and non - existing boards and committees;
• Include new applicable boards /committees;
• Make a minor change to maps /graphics related to coastal area boundaries to exclude a
Caltrans property at the interchange of I -5 and SR -54;
• Remove outdated specific business names and replace with general business types;
• Add a building footprint to Parcel 2 -h on Exhibits 8a, 8b, and 14;
• Add language to further clarify that a retail market is permitted on Parcel 2 -h in the
Commercial — Professional and Administrative Zone;
• Include 44 -foot height limitation for Parcel 3 -L on Height Table, consistent with the
requirements of the I -G zone; and
• Remove Tax - Increment Financing and Set Aside Funds as sources of funding for the
implementation of the LCP due to the closure of Redevelopment Programs by the State.
The California Environmental Quality Act Guidelines (§ 15162) establish the conditions under
which subsequent EIRs and negative declarations shall be prepared.
A. When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines,
on the basis of substantial evidence in the light of the whole public record, one or
more of the following:
1. Substantial changes are proposed in the project which will require major revisions
of the EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions to the EIR or negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
Addendum to EIR
14
Addendum to Bay Front Master Plan EIR
May 14, 2014
3. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete or negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in
the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
B. If changes to a project or its circumstances occur or new information becomes
available after adoption of a negative declaration, the lead agency shall prepare a
subsequent EIR if required under Subsection A. Otherwise the lead agency shall
determine whether to prepare a subsequent Negative Declaration, an addendum, or no
further documentation (Guidelines § 15162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified EIR if some
changes or additions are necessary but none of the conditions described in Section
15162 calling for preparation of a subsequent EIR have occurred.
B. An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR or negative declaration
have occurred.
C. An addendum need not be circulated for public review but can be included in or
attached to the final EIR or adopted negative declaration.
D. The decision - making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
E. A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency's
required findings on the project, or elsewhere in the record. The explanation must be
supported by substantial evidence.
Addendum to EIR
3
Addendum to Bay Front Master Plan EIR
May 14, 2014
This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of
the State CEQA Guidelines. The proposed boundary changes do not constitute a substantial
change to the previously approved project. Therefore, in accordance with Sections 15162 and
15164 of the State CEQA Guidelines, the City has prepared this Addendum.
III. ANALYSIS
Summarized below are issue areas potentially affected by the project. As the discussion outlined
below indicates, however, the proposed LCP amendments are minor in nature and are intended to
provide clarification and internal consistency to the previously approved Chula Vista Bay Front
Master Plan.
Land Use Compatibility
The amendments would not result in any land use compatibility issues, since no changes in land
use are proposed. The amendments will result in a document that reflects current names of City
boards and commissions, and that is more complete and internally consistent. Commercial uses
were anticipated and analyzed on Parcel 2 -h. A building footprint will be added to the land use
map, and the placement of retail uses will be specifically called out within the plan for this site.
Resident serving retail on this site was anticipated in the plan, and would allow the placement of
a grocery store adjacent to the residential use. This type of commercial use is highly compatible
with residential uses and would not result in any impacts beyond those previously identified in
the Bay Front Master Plan EIR.
Local Plans Conformance
The proposed amendments would not conflict with the intent of the Bay Front Master Plan, nor
any other regulatory document associated with the project site. Amendments are intended to
bring further clarity and consistency to the previously adopted document, and do not result in any
substantial changes to the project. Conformance of the Master Plan with other regulatory
documents will not be affected. The proposed amendments will not result in any impacts beyond
those identified in the Bay Front Master Plan EIR.
Traffic Circulation
The Bay Front Master Plan EIR anticipated up to 120,000 square -feet of commercial retail uses
on Parcel 2 -h. Commercial uses constructed on this site would not exceed 120,000 square -feet in
area. Because retail commercial uses on Parcel 2 -h were anticipated and analyzed in the Bay
Front Master Plan EIR, there would not be any additional traffic impacts associated with
proposed Master Plan amendment. Retail commercial uses such as a grocery store would serve
residents of the Bay Front and reduce vehicle trips that would otherwise be necessary for
residents to purchase groceries elsewhere in Chula Vista.
Addendum to EIR
4
Addendum to Bay Front Master Plan EIR
May 14, 2014
IV. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above
discussion and substantial evidence in the record supporting said discussion, I hereby find that
the proposed project will result in only minor technical changes or additions to EIR UPD #83356-
EIR- 658 /SCH #2005081077, dated April 2010, and, therefore, an addendum has been prepared in
accordance with state law.
Stephen Power, AICP
Principal Planner
Addendum to EIR
5
Attachment 3
RESOLUTION NO. PCM -14 -03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA ADOPTING ADDENDUM TO
ENVIRONMENTAL IMPACT REPORT UPD #83356 -EIR-
65B /SCH #2005081077, MAKING CERTAIN FINDINGS AND
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPT ADDENDUM TO
ENVIRONMENTAL IMPACT REPORT UPD #83356 -EIR-
65B /SCH #2005081077 AND APPROVE THE PROPOSED
AMENDMENTS TO THE CHULA VISTA LOCAL COASTAL
PROGRAM CONSISTING OF THE LAND USE PLAN AND THE
SPECIFIC PLAN, AND AMEND CHULA VISTA MUNICIPAL
CODE CHAPTERS 19.81 THRU 19.87
WHEREAS, during the past twelve years the City of Chula Vista (City) and the San Diego
Unified Port District (Port District), in a collaborative effort with the community, worked on the
preparation of a comprehensive Chula Vista Bayfront Master Plan and Local Coastal Program; and
WHEREAS, on September 25, 2012, the City Council approved and adopted the California
Coastal Commission- certified Local Coastal Program (LCP); and
WHEREAS, the land area that is covered by the LCP and 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 Chula Vista Bayfront generally located west of Interstate
5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including
two territory islands one generally located south of State Route 54 between Broadway and Fifth
Avenue, and the other generally located on the west end of Faivre Street (LCP Area); and
WHEREAS, California State law requires that coastal cities adopt a Local Coastal Program
(LCP) and said LCP must be certified by the California Coastal Commission before the LCP can
become effective and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, the LCP was certified by the California Coastal Commission on August 9,2012;
and
WHEREAS, subsequent to the adoption and certification of the LCP it was determine that the
documents needed clean -up changes related to clarification of language and processes to render them
consistent with current conditions and practices; and
WHEREAS, the proposed changes do not cause substantial changes to the objectives,
policies, and regulations contained in the documents nor the Coastal Act policies; and
Planning Commission Resolution PCM -14 -03
Page 2 of 3
WHEREAS, the proposed changes to the LCP documents are shown in strikeout and
underline format, and said documents are attached to the draft City Council Resolution and
Ordinance made a part hereof by this reference; and
WHEREAS, the Development Services Director set the time and place for a hearing on the
proposed LCP Amendments, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owner within
the exterior boundaries of the LCP Area, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June
11, 2014, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Chula Vista does hereby make the following findings:
L ENVIRONMENTAL DETERMINATION:
The Development Services Director has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project was
covered in previously adopted Environmental Impact Report UPD #83356 -EIR-
65B /SCH #2005081077. The Development Services Director has determined that only minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Services Director has
prepared an addendum to this document.
II. GENERAL PLAN AND COASTAL ACT CONSISTENCY:
The proposed amendment to the Local Coastal Program, consisting of the Land Use Plan
(LUP) and Specific Plan (SP), is consistent with the City of Chula Vista General Plan and the
policies of the Coastal Act. The proposed changes to the LUP and SP are minor and
unsubstantial, and leave all of the provisions of the LUP and SP intact. With the changes in
place the provisions of the documents remain based on sound planning principles and
practices that will provide for the protection and conservation of sensitive natural resources.
The provisions of the documents continue to allow the transfer of development from the
Sweetwater District to the Harbor District, which is a previously developed and less sensitive
area of the Bayfront, leading to the development of a project that will minimize potential
negative impacts. The provisions of the documents will also contribute to provide more
direct access to the Bayfront and create better connection to the rest of the city and the
region. This will open up the Bayfront for the enjoyment of residents and visitors. The
provision of the LUP and SP will be conducive to the development of the Bayfront and the
creation of a world -class destination for residents and visitors.
Planning Commission Resolution PCM -14 -03
Page 3 of 3
BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista
does hereby recommend that the City Council of the City of Chula Vista adopt the Proposed LCP
Amendments contained in a document known as Local Coastal Program Amendment (attached to the
draft City Council Resolutions and Ordinance) incorporated herein by this reference.
Presented by
Kelly Broughton
Director of Development Director
Approved as to form by
Glen R. Googins
City Attorney
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Attachment 4
DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING ADDENDUM TO
ENVIRONMENTAL IMPACT REPORT UPD #83356 -EIR-
65B /SCH #2005081077, MAKING CERTAIN FNDINGS AND
APPROVING THE AMENDED LAND USE PLAN OF THE
LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO
FORWARD THE SAME TO THE CALIFORNIA COASTAL
COMMISSION
WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port
District), in a collaborative effort with the community began working on a comprehensive Chula
Vista Bayfront Master Plan in 2002; and
WHEREAS, on September 25, 2012, the City Council approved and adopted the
California Coastal Commission - certified Local Coastal Program (LCP); and
WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically
represented in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5,
south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street,
including two territory islands one generally located south of State Route 54 between Broadway
and Fifth Avenue, and the other generally located on the west end of Faivre Street; and
WHEREAS, California State law requires that coastal cities adopt a Local Coastal
Program (LCP) and said LCP must be certified by the California Coastal Commission before the
LCP can become effective and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, the LCP was certified by the California Coastal Commission on August 9,
2012; and
WHEREAS, subsequent to the adoption and certification of the LCP it was determined
that the documents needed "clean-up" changes related to certain corrections, clarification of
language and processes to render them consistent with current conditions and practices; and
WHEREAS, the proposed changes do not cause substantial changes to the objectives,
policies, and regulations contained in the documents nor the Coastal Act policies; and
WHEREAS, the proposed changes to the LUP component of the LCP documents are
shown in strikeout and underline format and said document is attached to this Resolution and
made a part hereof by this reference; and
Resolution No.
Page 2
WHEREAS, the Proposed LCP Amendment is contained in a document known as Local
Coastal Program Amendment on file in the Office of the City Clerk; and
WHEREAS, the Development Services Director set the time and place for a hearing on
the proposed LCP Amendment, and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City and its mailing to property
owner within the exterior boundaries of the LCP Area, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
June 11, 2014, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the hearing was thereafter closed.
L NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find and determine as follows:
A. ENVIRONMENTAL DETERMINATION
The Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in previously adopted Environmental Impact Report UPD #83356-
EIR- 65B /SCH #2005081077. The Development Services Director has determined that
only minor technical changes or additions to this document are necessary and that none of
the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the Development
Services Director has prepared an addendum to this document.
B. GENERAL PLAN AND COASTAL ACT CONSISTENCY:
The proposed amendment to the Local Coastal Program, consisting of the Land Use Plan
(LUP) and Specific Plan (SP), is consistent with the City of Chula Vista General Plan and
the policies of the Coastal Act. The proposed changes to the LUP and SP are minor and
unsubstantial and leave all of the provisions of the LUP and SP intact. With the changes
in place the provisions of the documents are still based on sound planning principles and
practices that will provide for the protection and conservation of sensitive natural
resources. The provisions of the documents continue to allow the transfer of
development from the Sweetwater District to the Harbor District, which is a previously
developed and less sensitive area of the Bayfront, leading to the development of a project
that will minimize potential negative impacts. The provisions of the documents will also
contribute to provide more direct access to the Bayfront and create better connection to
the rest of the city and the region. This will open up the Bayfront for the enjoyment of
residents and visitors. The provision of the LUP and SP will be conducive to the
development of the Bayfront and the creation of a world -class destination for residents
and visitors.
Resolution No.
Page 3
IL BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby adopt the Proposed LCP Amendment contained in a document known as Local Coastal
Program Amendment attached to this Resolution and incorporated herein by this reference.
III. SUBMISSION TO COASTAL COMMISSION
BE IT FURTHERRESOLVED, that the City Council does hereby certify after a duly
called and duly noticed public hearing that the LCP is intended to be carried out in a manner
fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section
30510(a)).
BE IT FURTHER RESOLVED, that the City Council finds that the LCP complies with
the guidelines established by the Coastal Commission and contains materials sufficient for a
thorough and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHERRESOLVED, that after a duly called and noticed public hearing the
City Council does hereby direct the City Manager or his designee to submit this subject
Resolution and the LCP, consisting of both the LUP and the Specific Plan, to the Coastal
Commission and that the Coastal Commission certify the same (Public Resources Code Section
30514).
Presented by Approved as to form by
Kelly Broughton Glen R. Googins
Director of Development Director City Attorney
Exhibit A — LCP Area Map
Exhibit B — LCP Land Use Plan Amendment
Exhibit A is the same map that is attached to
the Planning Commission Resolution and
provided as Attachment 1— Local Coastal Plan Area Map
Attachment 5
DRAFT
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM AND AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87
AND MAKING CERTAIN FINDINGS WITH REGARD THERTO
WHEREAS, during the past twelve years the City of Chula Vista (City) and the San
Diego Unified Port District (Port District), in a collaborative effort with the community
worked on the preparation of a comprehensive Chula Vista Bayfront Master Plan and Local
Coastal Program; and
WHEREAS, on September 25, 2012, the City Council approved and adopted the
California Coastal Commission- certified Local Coastal Program (LCP); and
WHEREAS, the area of land covered by the LCP and which is the subject of this
Ordinance, is diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, and for the purpose of general description is the Chula Vista
Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the
San Diego Bay, and north of Palomar Street, including two territory islands one generally
located south of State Route 54 between Broadway and Fifth Avenue, and the other generally
located on the west end of Faivre Street; and
WHEREAS, California State law requires that coastal cities adopt a Local Coastal
Program (LCP) and said LCP must be certified by the California Coastal Commission before
the LCP can become effective and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan (LUP) and a Specific Plan;
and
WHEREAS, the LCP was certified by the California Coastal Commission on August
9, 2012; and
WHEREAS, subsequent to the adoption and certification of the LCP it was
determined that the documents needed clean-up changes related to certain corrections,
clarification of language and processes to render them consistent with current conditions and
practices; and
WHEREAS, the proposed changes do not cause substantial changes to the objectives,
policies, and regulations contained in the documents nor the Coastal Act policies; and
WHEREAS, the proposed changes to the SP component of the LCP documents are
Ordinance No.
Page 2
shown in strikeout and underline format and said documents are attached to this City
Ordinance as Exhibit B; and
WHEREAS, the Proposed LCP Amendment is contained in a document known as
Local Coastal Program Amendment on file in the Office of the City Clerk; and
WHEREAS, the Planning Commission set the time and place for a hearing on the
LCP Amendment and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within the boundary of the LCP, at least ten (10) days prior to the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely June 11, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Proposed LCP
Amendment; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended that the City Council approve the LCP Amendment, including the
Specific Plan; and
WHEREAS, the City Clerk set the time and place for the hearing on the LCP
Amendment, including the Specific Plan, and notices of the hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the city, and its
mailing to property owners within exterior boundary of the LCP at least ten (10) days prior to
the hearing; and
WHEREAS, the duly called and noticed public hearing on the LCP Amendment,
including the Specific Plan, was held before the City Council on , 2014, in the
Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at
2:00 p.m. to receive the recommendations of the Planning Commission and to hear public
testimony with regard to the same.
I. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. ENVIRONMENTAL DETERMINATION
The Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in previously adopted Environmental Impact Report UPD 483356-
EIR- 65B /SCH #2005081077. The Development Services Director has determined that
only minor technical changes or additions to this document are necessary and that
none of the conditions described in Section 15162 of the State CEQA Guidelines
calling for the preparation of a subsequent document have occurred; therefore, the
Ordinance No.
Page 3
Development Services Director has prepared an addendum to this document.
B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT
The proposed amendment to the Local Coastal Program, consisting of the Land Use
Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista General
Plan and the policies of the Coastal Act. The proposed changes to the LUP and SP
are minor and unsubstantial and leave all of the provisions of the LUP and SP intact.
With the changes in place the provisions of the documents are still based on sound
planning principles and practices that will provide for the protection and conservation
of sensitive natural resources. The provisions of the documents continue to allow the
transfer of development from the Sweetwater District to the Harbor District, which is
a previously developed and less sensitive area of the Bayfront, leading to the
development of a project that will minimize potential negative impacts. The
provisions of the documents will also contribute to provide more direct access to the
Bayfront and create better connection to the rest of the city and the region. This will
open up the Bayfront for the enjoyment of residents and visitors. The provision of
the LUP and SP will be conducive to the development of the Bayfront and the
creation of a world -class destination for residents and visitors.
IL BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby
approve the amendment to the LCP Specific Plan contained in a document known as Local Coastal
Plan Amendment attached to this Ordinance and Council Resolution and on file at the Office of the
City Clerk, and incorporated herein by this reference and thereby amending Chula Vista Municipal
Code Chapters 19.81 thru 19.87.
III. SUBMISSION TO COASTAL COMMISSION
BE IT FURTHER ORDAINED, that the City Council does hereby certify after a duly called
and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in
conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)).
BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the
guidelines established by the Coastal Commission and contains materials sufficient for a thorough
and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City
Council does hereby direct the City Manager or his designee to submit this subject Resolution and
the LCP, consisting of both the LUP and the Specific Plan, to the Coastal Commission and that the
Coastal Commission certify the same (Public Resources Code Section 30514).
IV. EFFECTIVE DATE
This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal
Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the
Ordinance No.
Page 4
California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from
and after this Ordinance's final adoption.
Presented by
Kelly Broughton
Director of Development Services
Exhibit A — LCP Area Map
Exhibit B — LCP Specific Plan Amendment
Approved as to form by
Glen R. Googins
City Attorney
Exhibit A is the same map that is attached to
the Planning Commission Resolution and
provided as Attachment 1— Local Coastal Plan Area Map