Loading...
HomeMy WebLinkAboutReso 1992-16467 RESOLUTION NO. 16467 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE THE MIDBAYFRONT CONCEPTUAL DEVELOPMENT PLAN (SUBCOMMITTEE ALTERNATIVE) WITH MODIFICATIONS, MAKING FINDINGS OF FACT RELATING TO THE FEASIBILITY OF MITIGATION MEASURES AND PROJECT ALTERNATIVES, ADOPTING A MITIGATION MONITORING PROGRAM, AND A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, a draft Environmental Impact Report, dated August 1990, evaluating the proposed Midbayfront Local Coastal Program (LCP) Resubmittal was prepared and was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and, WHEREAS, notice of the availability of the draft Environmental Impact Report was given as required by law; and, WHEREAS, written comments from the public on the draft Environmental Impact Report were accepted from August 6, 1990 to September 26, 1990; and, WHEREAS, the City Planning Commission held a public hearing and accepted public testimony on the draft Environmental Impact Report on September 26, 1990; and, WHEREAS, at this hearing, CHULA VISTA INVESTORS (the project applicant) introduced a new revised concept plan described as Alternative 8; and, WHEREAS, based on new information raised in the public comment period and at the public hearing, a Recirculated Draft Environmental Impact Report, dated July 1991, was prepared for Alternative 8; and, WHEREAS, the Recirculated Draft supersedes the previous Draft Environmental Impact Report; and, WHEREAS, the Recirculated Draft Environmental Impact Report, dated July 1991, evaluating the proposed Midbayfront LCP Resubmittal No. 8 Amendment project, was prepared and was transmitted by the City of Chula Vista to all concerned parties for review and comment; and, WHEREAS, notice of the availability of the Recirculated Draft Environmental Impact Report was given as required by law; and, WHEREAS, written comments from the public on the Recirculated Draft Environmental Impact Report were accepted from April 10, 1991 to May 22, 1991; and, WHEREAS, the public review period on the Recirculated Draft EIR was extended until May 24, 1991 to allow additional response time for the U.S. Fish and Wildlife Service; and, Resolution No. 16467 Page 2 WHEREAS, the City Planning Commission held a public hearin9 and accepted public testimony on the Recirculated Draft Environmental Impact Report on May 22, 1991; and, WHEREAS, agency and public comments have been addressed in the Final Environmental Impact Report for Midbayfront LCP Resubmittal No. 8 Amendment, dated July 1991; and, WHEREAS, the Midbayfront LCP Resubmittal No. 8 project was heard by the City Plannin9 Commission on July 24, 1991; and, WHEREAS, the Planning Commission has, by separate resolution (Planning Commission Resolution No. EIR-89-08) on Jul 24, 1991, certified the Final Environmental Impact Report (No. EIR-89-08) (hereafter "EIR") pursuant to the California Environmental Quality Act ("CEQA") (Pub. Resources Code, section 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regulations, tit. 14, section 15000 et seq.) which analyzes the environmental effects of the proposed Midbayfront LCP Resubmittal No. 8, Alternative 8; and, WHEREAS, the City Council certified the EIR on August 20, 1991 wherein the Project was described as Alternative 8; and, WHEREAS, the City Council adopted Resolution No. 16328 on August 20, 1991, which neither approved nor disapproved of Alternative 8 but referred same to the Bayfront Planning Subcommittee for their review and recommendation; and, WHEREAS, the Bayfront Planning Subcommittee held approximately 15 public meetings and recommended to the City Council that they approve Alternative 8, as identified in the EIR, with minor modifications. As so modified by said subcommittee, the recommendation of said subcommittee is officially referred to as the Midbayfront Conceptual Development Plan (Subcommittee Alternative}, and shall hereinafter be referred to as the "Subcommittee Alternative"}; and, WHEREAS, these minor modifications proposed by the Subcommittee Alternative to Alternative 8 include the elimination of a previously designated luxury hotel and placing in its stead a Cultural Arts facility on approximately three acres, a reduction of the number of residential units from 1400 to 1000 (though the total square footage remains the same), and minor design modifications to the northern residential area; and, WHEREAS, the EIR certified by the City Council on August 20, 1991 addressed the impacts of such Subcommittee Alternative modifications; and, WHEREAS, on or about December 10, 1991, an addendum to the EIR was prepared which identified the proposed Subcommittee Alternative modifications and which concluded that said modifications did not change the conclusions as contained in the EIR as to the impacts of the Subcommittee Alternative on the environment; and, WHEREAS, public notice was given on December 11, lggl, that the EIR for Resubmittal No. 8 would be used as the EIR for the Midbayfront Conceptual Development Plan (Subcommittee Alternative}; and, Resolution No. 16467 Page 3 WHEREAS, the Planning Commission conducted a public hearing on December 18, 1991 for the purpose of hearing public testimony as to the Subcommittee Alternative and the proper and adequate preparation of the EIR, and at a continued meeting thereof held on January B, 1992, by the adoption of their res- olution, PC No. 89-08A, recommended to the City Council the certification of the EIR and approval of the Subcommittee Alternative with additional minor modifications ("Planning Commission Alternative); and, WHEREAS, a public hearing was held before the City Council on January 14, 1992 for the purpose of approving Midbayfront Conceptual Development Plan (Subcommittee Alternative) providing, among others, for the development of the site in the manner described by the Subcommittee Alternative, and for the further purpose of certifying the EIR, making findings and adopting a mitigation and monitoring program and statement of overriding considerations; and, WHEREAS, at their meeting of January 14, 1992, the City Council did conduct and close said public hearing, certified the proper preparation of the EIR for the Subcommittee Alternative by their adoption of Resolution No. 16466, proposed amendments to the concept plan (which as so amended, shall hereinafter be re- ferred to as the "Council Alternative", or alternatively hereinafter as the "Project"), and directed staff to prepare and return to the Council a revised approval resolution which incorporates their proposed amendments; and, WHEREAS, the EIR certified by the City Council on August 20, 1991 and again on January 14, 1992 addressed the impacts of the Council Alternative; and, WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment caused by the Project; and, WHEREAS, the City Council is required, pursuant to CEQA, to adopt all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant environmental effects; and, WHEREAS, the City Council desires, in accordance with CEQA, to declare that, despite the occurrence of certain significant and potentially significant effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the Project that the City Council believes justify the occurrence of those impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: 1. Project Approval The City Council approves the Midbayfront LCP Conceptual Development Plan (Subcommittee Alternative) as herein modified ("Concept Plan") and by doing so, directs the staff to process, and return to Council for approval of, an LCP Resubmittal for the territory of the Midbayfront, a Redevelopment Plan Amendment and a General Plan Amendment that provides a plan for the development of the Midbayfront consistent with the Midbayfront LCP Conceptual Development Plan (Subcommittee Alternative), Resolution No. 16467 Page 4 with the following changes, conditions, information and additional processing direction: A. Informational Conditions At the time the General Plan Amendment and the LCP Resubmittal are returned to the Council for review and approval, they shall be accompanied by the following types of information: (1) Economic Feasibility An Economic Feasibility Analysis ("EFA") shall be prepared, submitted to the Council, and approved prior to, or concurrently with, the approval of the LCP Resubmittal and General Plan Amendment. The report shall be prepared in a format acceptable to the City's Director of Finance and be available with adequate lead time for a thorough staff review. The criteria for approval of this report shall be that it demonstrates clearly that the project/phasing proposed is economically feasible. The report shall include a supportable statistical basis for marketing (revenue/absorption) and costs associated with the feasibility analysis. (2) Minimal Residential Density to Permit Economic Feasibility. An economic feasibility analysis that demonstrates the minimum number of residential units that can be built and still permit the project to remain economically feasible. (3) Shipbuilding Jobs One or more optional plans for the Council's approval and implementation that will permit the preservation of jobs otherwise provided by the shipyard at the foot of F Street that may be dislocated by the Project. One such plan may include the relocation of the shipyard facility. (4) Coordination with Coastal Commission Processing Staff is directed to review with the Coastal Commission what other communities have done with regard to mass transit programs and how such programs affects traffic and to work with the Coastal Commission staff as to the acceptability of the proposed building heights and other project features. B. Project Related Conditions At the time the General Plan Amendment and the LCP Resubmittal are returned to the City Council for their review and approval, they are to be returned in a manner that proposes, among such other conditions that the staff deems appropriate, the following conditions: Resolution No. 16467 Page 5 (1) Cultural Arts Facility Upon determination by the City Council that a cultural arts facility of the type described herein ("Facility") is most appropriately placed within the territory of the Concept Plan, the Developer shall dedicate the land sufficient for the Facility (including parking for the facility), within the territory of the Concept Plan, and develop and present to the Council for approval, a feasible (in the judgment of the City Council) financing plan that will permit the design and construction of a multi-functional cultural arts center with a minimum goal of 2,000 seat capacity of such a design that meets with the satisfaction of the City Council, and which, as part of said financing plan, will provide for significant Developer contribution to such a project, and which may further provide for Port participation. (2) Ice Rink/Park The Developer shall dedicate the space and parking for same, within the territory of the Concept Plan, and either cause the design and construction of, or fund the design and construction of, a 62,000 square foot, 5,000 seat capacity ice rink of such a design that meets with the satisfaction of the City Council; or, in the alternative, a park or other recrea- tional facility designed and constructed to the satisfaction of the City Council. (3) Limited Number of High Rises The General Plan Amendment and LCP Resubmittal shall be processed to provide no more than four (4) "high rise" struc- tures. The term "high rise structure" means any building more than ten (10) stories tall. (4) Parking A minimum of 75 percent of the required parking for the Resort and Residential uses shall be provided in subterranean or concealed parking structures; (5) Bike/Hiking Trails An integrated trail system to maximize trail and visual access to the bayfront shall be provided and shall provide linkage to the Chula Vista Greenbelt (as described in the General Plan); (6) Water Access A location for future direct access to the Bay shall be identified on the final plan in the event that future Federal, State, and Port Di strict approval s would permit such access; Resolution No. 16467 Page 6 (7) Traffic The Project shall not cause traffic in the Project vicinity to be reduced to below accepted City Thresholds as articulated in the Growth Management Program. A traffic monitoring program shall be established as an implementation and phasing requirement; (8) Conversion of Hotels Hotels may not be converted for residential use, and authorized but not-built hotel units are not contemplated for residential use; (9) Affordable Housing The project shall address the City's policy and practice of providing a 10 percent Affordable Housing goal (per City's Housing Element), and in this regard, the City Council may entertain fees in lieu of construction; (10) Air Quality An Air Quality Improvement Plan (as defined in the Growth Management Ordinance) shall be required for approval - concurrently with the project submittal (SPA Plan); (11) Water Conservation A Water Conservation Plan (as defined in the Growth Management Ordinance) shall be required for approval concurrently with the project submittal (SPA Plan); (12) Schools An agreement will be reached between the Districts, applicant, and City to assure that facilities for students generated by the project will be available when needed; (13) Nature Interpretative Center Benefit or Assessment District. The properties enjoying the benefits of the Nature Interpretative Center (including the Midbayfront) will be included within a yet to be established Benefit or Assessment District which will contribute full operational costs of Center programs); and, (14) Private Lagoon The private lagoon in the northern residential area would be - a private amenity for that area; Resolution No. 16467 Page 7 (15) Phasing Entitlements to develop the Project shall conditioned on a Phasing Plan acceptable to the City Council which Phasing Plan shall be programmed to ensure fiscal benefits to the City, and early implementation of public parks and the Cultural Arts Facility. Updated and objective market, economic, and fiscal analyses shall be provided prior to the commencement of any phase of development. Phasing program shall be conditioned to require performance guarantee of developer. (16) Assurances of Development--Development Agreement The General Plan Amendment or the LCP Resubmittal, and any entitlements therein conveyed, shall be conditioned upon the City and the Developer reaching an agreement ("Development Agreement") which addresses, among other things as the parties may desire, those matters hereinbelow set forth as Development Agreement Conditions. C. Development Agreement Conditions The Developer shall commit, in the form of a proposed and executed Development Agreement, to, and provide the City with, security sufficient, to the City's reasonable satisfaction, to insure that the different phases of the project prior to commencement of any such phase will be completed. It is the intent of this paragraph that the completion of all public infrastructure shall be guaranteed or otherwise suitably bonded prior to commencement of any such infrastructure and that the completion of each private structure shall be guaranteed or suitably bonded prior to the commencement of construction of any such private structure. The Council may consider waiving the security sufficiency requirement for a Developer that is a governmental agency. (1) Cultural Arts Facility Contribution As part of financing plan required by the conditions of this resolution hereinabove set forth, Developer shall provide for significant Developer contribution to the design and construction of such a Facility, and which may further provide for San Diego Unified Port District participation. By approving the Concept plan, the City Council intends only to give, and gives only, development processing direction to the staff of the City in order that staff may efficiently and effectively develop an LCP Amendment and General Plan Amendment. Such approval is not intended to, and shall not, constitute final approval of the plan at this stage nor is it intended to, and shall not, convey any entitlement or expectation of development to the developer; finally, approval of the concept plan is not intended to, and shall not, commit the Council to approval of the LCP Resubmittal, the General Plan Amendment, or the Redevelopment Plan Resolution No. 16467 Page 8 Amendment, or any other land use right. Rather, the Council shall retain full and unfettered discretion to consider the LCP Resubmittal, the General Plan Amendment, and the Redevelopmerit Plan Amendment without consequence, despite its decision to approve the Concept Development Plan. Developer shall receive no vested rights to develop prior to the entering into a final Development Agreement with the City of Chula Vista, and/or the City of Chula Vista Redevelopment Agency, and such rights shall then be only those conferred by such Development Agreement, but in the absence of reaching terms as to a Development Agreement wherein the City confers vested rights in the Developer, the Developer shall receive no vested rights to develop prior to the commencement of construction pursuant to validly issued building permits. {2) The Development Agreement shall provide that the first phase of development shall include development of the core area comprising the lagoon, core hotels, retail/commercial with residential above, and sports complex. Residential development in the northern area (north of Marina Parkway) may be included to a maximum of 25 percent of the total number of units. 2. CEQA Findings and Statement of Overriding Considerations A. Adoption of Findings The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit A or on file in the City Clerk's Office and known as document number C092-013. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in Exhibit A attached hereto or on file in the City Clerk's Office and known as document number C092-013, the City Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that certain of the mitigation measures described in the EIR as feasible are feasible, and will become a binding condition or conditions upon the Project. C. Infeasibility of Mitigation Measures and Alternatives. As set forth in Exhibit A attached hereto or on file in the City Clerk's Office and known as document number C092-013, the City Council finds that the remainder of the proposed mitigation measures, identified therein as infeasible, and none of the proposed Project alternatives set forth in the Final EIR can feasibly substantially lessen or avoid the potentially significant effects that will not be substantially lessened or avoided by adoption of all feasible mitigation measures. Resolution No. 16467 Page 9 D. Adoption of Mitigation Monitoring Program. As required by Public Resources Code section 21081.6, the City Council hereby adopts the mitigation monitoring program {"Program"), set forth in Exhibit B, incorporated herein by reference or on file in the City Clerk's Office and known as document number C092-014. The City Council finds that the Program is designed to ensure that, during Project implementation, the Project applicant, and other responsible parties, implement the Project components and comply with the feasible mitigation measures identified in the Findings. E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant adverse environmental effects caused by the Project will remain. Therefore, the City Council hereby issues, pursuant to CEQA Guidelines section 15093 and as set forth in Exhibit A attached hereto or on file in the City Clerk's Office and known as document number C092-013, a statement of overriding considerations identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effects acceptable. Presented by ro as to rm Chri stopher Sal omone ~)ruce M. Boogaa~(~ Director of Community Development City Attorney Resolution No. 16467 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of February, 1992 by the following vote: AYES: Councilmembers: Grasser Hotton, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nade~r~ 'Mayor ATTEST: ~everly ~(. Au{helet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16467 was duly passed, approved, and adopted by the City Council held on the 4th day of February, 1992. Executed this 4th day of February, 1992, Bever~ A. Authelet, City Clerk