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HomeMy WebLinkAboutReso 1992-16510 RESOLUTION 16510 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM FOR THE CHULA VISTA MALL EXPANSION (EIR-91-04) SCH #91051042 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Section 21081 of the California Environmental Quality Act (CEQA) requires that no project shall be approved by a public agency when significant environmental effects have been identified unless one of the following findings is made and supported by substantial evidence in the record: 1. Changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report (FEIR). 2. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the Final EIR and incorporated into the project. WHEREAS, the Planning Commission at its meeting of December 18, 1991 certified that the EIR was prepared in accordance with CEQA, the State of California CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the CEQA Findings, known as document number C092-028, and Mitigation Monitoring Program, known as document number C092-029, as set forth in Attachments A and B, copies of which are on file in the office of the City Clerk. Presented by ~ved a~~o~by Chri~ Salomone Bruce M. Boogaard Community Development Director City Attorney Resolution No. 16510 Page 2 A~FACHNIENTA FINAL EIR CHULA VISTA MALl, EXPA,NSION (F. IR-91-04) CEQA CANDIDATR FINDINGS IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF 'H'I'LE 14 OF THE CALIFORNIA AD1VIINISI-RATIVE CODE Resolution No. 16510 Page 3 I. BACKGROUND It is the policy of the State of Califomia and the City of Chula Vista that the City shall not approve a project if it would result in a significant environmental impact unless it is feasible to avoid or substantially lessen the significant environmental effects. Only when there are specific economic, social, or technical reasons, which make it infeasible to mitigate an impact, can a project with significant impacts be approved. Therefore, when an environmental impact report (EIR) identifying one or more potentially significant environmental impacts has been completed, one of the following findings must be made: A. Changes or alternatives which avoid or substantially lessen the significant environmental effects as identified in the final EIR have been required in or incorporated into the project, or B. Such changes or alternatives are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency, or C. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The following findings are made relative to the conclusions of the final EIR for the proposed Chula Vista Mall Expansion (EIR-91-04) based on the EIR text, and all documents, maps, and illustrations included in the public records. II. PROJECT DESCRIPTION This EIR evaluates the potential environmental impacts related to a redevelopmerit project on the southern fringe of the urban core of the City of Chula Vista designated as the Town Centre II Redevelopment Project. This project would be the second of ~vo phases of redevelopment on the site. The first phase, completed in 1988, added 141,100 square feet of retail space to the mall. The second phase of proposed redevelopment would expand the existing retail space at the mall by a net area of 74,316 square feet. A new Mervyn's department store building, a building housing gay- On drug store and multi-screen cinema and a two-story parking garage would be constructed. An existing, partially vacant bu~ding in the southern area of the property would be demolished. Additionally, removal of a currently vacant J.C. Penney Automotive Center on the site could occur as part of the project. Other improvements to the site would be installing new landscaping, improving the "H" Street entrance to the mall, constructing a new entrance facade, reconfiguring parking areas, and providing upgraded lighting and color in the mall interior. Discretionary actions associated with the proposed project include approval of the Development Agreement with Homart Development Company by the Chula Vista Redevelopment Agency. The Town Cenn'e Project Area Review Committee will review the project plans and elevations. Amendments to the General Plan and the Zoning Ordinance are not required. III. INSIGNIFICANT IMPACTS The final EIR for the Chula Vista Mall Expansion concluded that the project would not have significant impacts in the following areas (numbers refer to the section of the EIR where the issue Resolution No. 16510 Page 4 is discussed): A. Land Use (3.1) B. Fiscal Impacts (3.3) C. Transportation/Access (3.4) D. Noise (3.5) E. Thresholds/Standards Policy (3.7) (Police) (Sewer) (Drainage) (Water availability) IV. IMPACTS FOUND TO BE MITIGABLE TO INSIGNIFICANT LEVELS A. Aesthetics Because of its size and location, the proposed parking structure could cause significant visual impacts from Broadway and the commercial areas west of the Chula Vista Center. The parking garage would be constructed just south of the J.C. Penney department store, approximately 260 feet from the western boundary of the property. In addition, adverse impacts to the visual quality of the site would occur if landscaping is not incorporated into the project. 1. Findings - Changes or other measures which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. These measures will be incorporated as conditions of approval for final improvement plans. a. The applicant shall work closely with the City on the final design of the parking structure to ensure that it is architecturally compatible with the surrounding mall and would not cause adverse visual impacts. This measure would ensure that aesthetically pleasing views are maintained and would reduce the adverse impact to less than a significant level. b. The applicant shall submit a landscaping plan to the City which conforms to the design guidelines and standards promulgated in the City of Chula Vista Town Centre Design Manual to the satisfaction of the Planning Director. This plan is a standard requirement of project approval. If this mitigation measure is implemented, the visual quality of the site would be improved and impacts to aesthetics due to the project would be reduced to a level less than significant. 2. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the final EIR and incorporated into the project as set forth above. B. Utilities Parking areas and internal circulation routes are proposed to be reconfigured as part of the project. Impacts to major gas lines underneath the former alignment of Fifth Avenue could Resolution No. 16510 Page 5 occur if work is done in this area. Permanent structures cannot be located above underground utility lines. Although no buildings are proposed above the high pressure gas lines under the vacated Fifth Avenue, building footprints are proposed above existing water easements, gas vaults and lines, and electric boxes. Adverse impacts would be associated with blocked access to these facilities. 1. Findings Changes or other measures which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. These measures will be incorporated as conditions of approval for final improvement plans. a. The applicant shall submit a construction plan to SDG&E For their comment and approval prior to any construction activity on the site. b. The applicant shall coordinate the SDG&E and the Swee~water Authority to relocate all impacted utilities. These utilities and corresponding easements must be relocated prior to construction of the proposed new buildings and parking garage. WriVcen verification must be provided to the City prior to issuance of building permits. 2. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the Final EIR and incorporated into the pro]ect as set forth above. C. Hazardous Materials The partially vacant building proposed to be demolished and the vacant J.C. Penney Automotive Center have been documented as containing asbestos. Improper removal oF asbestos-containing materials could result in a public health and safety hazard. There is an unresolved underground storage tank issue at the 3.C. Penney Automotive Center site. Demolition of the 3.C. Penney Automotive Center could cause a public health and safety hazard. 1. Findings Changes or other measures which mitigate the significant environmental eFFect have been included in the project or are otherwise being implemented. These measures will be incorporated as conditions oF approval for final improvement plans. a. Asbestos must be removed from the buildings prior to demolition. Removal Of the asbestos must conform to the regulations and procedures specified by the National Emissions Standards for Hazardous Air Pollutants CNESHAP) and by the California Occupational Safety and Health Agency (CAL-OSHA). Contractors removing the asbestos must be licensed by the State Licensing Board and registered with the Carcinogen Control Unit oF CAL-OSHA. If all applicable regulations are tollowed, removal oF the asbestos would not cause a public safety and health hazard. Written verification must be provided to the City prior to issuance oF demolition permits. b. Official closure of the 3.C. Penney Automotive Center site by the San Diego Resolution No. 16510 Page 6 County Hazardous Material Management Division must occur prior to removal of the building. Written verification must be presented prior to issuance of demolition permits. 2. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the final EIR and incorporated into the project as set forth above. D. Conformance with the Thresholds/Standards Policy Because detailed building plans have not been designed, it cannot be determined whether the project would provide adequate fire access or fire fighting systems. In addition, the City is currently in the process of creating a new water usage policy. Since this policy is still in the planning stages, a determination of conformance with this policy is not possible at this time. If a water usage policy is in effect at the time of issuance of building permits, impacts could occur if the project does not conform to the policy. 1. Findings Changes or other measures which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. These measures will be incorporated as conditions of approval for Final improvement plans. a. Building plans shall be submitted and approved by the Fire Department prior to construction. Written verification must be provided to the City prior to the issuance of building permits. b. The City is currently in the process of preparing a water usage policy which may require that there be no net increase in water usage within the city. At the time of building permit issuance, if the proposed project is determined not to comply with a water usage policy effective at that time, additional measures such as on-site conservation or off-site mitigation (toilet retrofit projects, park irrigation replacement projects, etc.), and/or payment of mitigation fees may be required in accordance with the policy. The actual method of policy compliance will be determined by the City. 2. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the final EIR and incorporated into the project as set forth above. Resolution No. 16510 Page 7 AITACHMENT B FINAL EIR CHULA VISTA I'dALL EXPANSION C~IR-91-04) IVIfl]GA'I]ON MONITORING .A_,",,q) REPORTING PROGRAIVI Resolution No. 16510 Page 8 MITIGATION MONITORING AND REPORTING PROGRAM CHULA VISTA MALL EXPANSION EIR EIR NO. 91-04 I. INTRODUCTION The California Environmental Quality Act (CEQA) (Section 21081.6) requires that a Mitigation Monitoring and Reporting Program (MMRP) be adopted upon certification of an environmental impact report (EIR.) in order to ensure that the mitigation measures are carried out. The Mitigation Monitoring and Reporting Program specifies what the mitigation is, when in the process it should be accomplished, and the agency or City department responsible for ensuring that the mitigation is completed. The MMRP for the Chula Vista Mall Expansion Project falls under the jurisdiction of the City of Chula Vista. The City of Chula Vista will implement the MMRP for mitigation measures identified in the EIR as being significant or potentially significant. All impacts can be mitigated to below a level of significance. The EIR identified significant impacts in the following areas: · Aesthetics · Utilities · Hazardous Materials · Conformance with the City's Thresholds/Standards Policy The following sections of this document provide a brief project description and a summary of the significant and potentially significant impacts and their corresponding mitigation measures. The ' timing of monitoring and the departments responsible for each measure are also described. I1. PROJECT DESCRIPTION The project is located on approximately SS acres in a developed area of the City of Chula Vista. The existing Chula Vista Center occupies the site, which covers approximately 1.5 city blocks between "H' and "r' Streets east of Broadway. The site serves as a regional shopping center for the area. This project proposes expansion of the existing Chula Vista Center. The project would be built pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) and is a joint public/private venture involving the Chula Vista Redevelopment Agency and Hornart Development Company. The planned phasing of the expansion would result in the opening of the Say-On and theatre first, followed by the Mervyn's department store one year later. This project is the second phase of planned redevelopment for the Chula Vista Center. The first phase of the redevelopment plan was completed within the last three years and added an additional 141,400 square feet of leasable retail space on the site for a total of 858,167 square feet. The proposed expansion project includes the construction of two new buildings and a parking structure, circulation and parking improvements, new landscaping, and demolition of up to two existing structures. The total square footage of new building retail space would be 141,000 square feet. The design of the new buildings would be coordinated with the recently renovated existing structures. An 81,600 square foot, two-story department store (Mervyn's) is proposed adjacent to the south side of the mall, direc~y across from the existing Broadway department store. Directly Resolution No. 16510 Page 9 northeast of the new department store would be a two-story building housing a Sav-On drug store (23,400 square feet) on the first level and a cinema (36,000 square feet) on the second. A two-story parking garage would be located in the southwest section of the site, west of the new Mervyn's and south of the existing J.C. Penney department store. The proposed project includes the demolition of an existing 66,648 square foot building on the south side of the property which contains a drug store, a bank, miscellaneous retail space, and a currently vacant supermarket. If the square footage of the bu~ding to be demolished (66,648 square feet) is subtracted from the square footage of the proposed new buildings (141,000 square feet), then the total net building area to be added to the existing shopping center is 74,316 square feet. The total square footage of the entire shopping center be 932,483 square feet after completion of the project. The existing 8,000 square foot vacant J.C. Penney (Firestone) Automotive Center may also be demolished as part of this project, depending on the results of negotiations with the present owners. This building is located on the south side of the mall, west of the building proposed to be demolished. Additionally, the pavement adjacent to the proposed cinema/drug store building and parking on the north side of the mall would be reconfigured. A new mall entrance structure and new signage would also be constructed on the north side of the mall. Also as part of this project, a new landscaping plan would be implemented. Improvements to the interior areas of the mall include replacing stark lighting fixtures and changing colors to achieve a livelier look. Also, a second escalator is planned to be constructed and awnings erected as part of the project. IlL MEASURES TO BE MONITORED Aesthetics 1. Impact. Because of its size and location, the proposed parking structure could cause significant impacts to views from Broadway and the commercial areas west of the Chula Vista Center. The parking garage would be constructed just south of the existing J.C. Penhey department store, approximately 260 feet from the western boundary of the property. Mitigation. The applicant shall work closely with the City on the design of the parking structure to ensure that it is architecturally compatible with the existing shopping center. This measure would ensure that aesthetically pleasing views are maintained. Monitoring. As part of the Citys review process, the Design Review Committee will review the project plans and elevations (including the parking garage design) for design compatibility and will make recommendations. This review will occur prior to consideration of the project by the Chula Vista Redevelopment Agency. 2. Impact. Adverse impacts to the visual quality of the site would occur if landscaping is not incorporated into the project. Mitigation. The applicant shall submit a landscaping plan to the City which Resolution No. 16510 Page 10 conforms to the applicable design guidelines and standards contained in the City's Town Centre Design Manual. The landscaping plan is a standard requirement of project approval. Monitoring. The City's Landscape Architect will review the landscaping plan for conformance with the above guidelines. The landscaping plan must be prepared to the satisfaction of the Planning Director prior to the issuance of any building permits. B. Utilities 1. Impact. Parking areas and internal circulation routes are proposed to be reconfigured as part of the project. Impacts to major gas lines underneath the former alignment of Fifth Avenue could occur if work is done in this area. Mitigation. The application shall submit a construction plan to SDG&E for their comment and approval prior to any construction activity on the site. This requirement shall be stated on all project plans. Monitoring. The City Building and Housing Depar~ent shall ensure that the construction plans meet the approval of SDG&E prior to issuance of building permits. 2. Impact. Permanent structures cannot be located above underground utility lines. Although no buildings are proposed above the high pressure gas lines located under the vacated Fifth Avenue, the proposed building footprints are located above existing water easements, gas vaults and lines, and electric boxes. Adverse impacts would be associated with blocked access to these facilities. Mitigation. The applicant shall coordinate with SDG&E and the Sweetwater Authority to relocate all impacts utilities. These utilities and corresponding easements must be relocated prior to construction of the proposed new building and parking garage. Monitoring. The City Building and Housing Department will ensure that all utility lines and easements have been properly relocated prior to issuance of building permits. C. Hazardous Materials 1. Impact. The partially vacant building proposed to be demolished and the vacant J.C. Penhey Automotive Center have been documented as containing asbestos. Improper removal of asbestos-containing materials could result in a public health and safety hazard. Mitigation. Asbestos must be removed from both the buildings prior to their demolition. This will be a condition stated in the Development Agreement. Removal of the asbestos must conform to the regulations and procedures specified by the National Emissions Standards for Hazardous Air PollutaNts (NESHAP) and by the California Occupational Safety and Health Agency (CAL-OSHA). Contractors removing the asbestos must be licensed by the State Licensing Board and registered with the Carcinogens Control Unit of CAL-OSHA. Resolution No. 16510 Page 11 Monitoring. Certificate that the asbestos has been properly removed by a licensed contractor shall be submitted in writing by the applicant to the City Building and Housing Department prior to issuance of demolition permits. 2. Impact. The underground storage tank issue at the J.C. Penney Automotive Center has not been resolved by the San Diego County Hazardous Materials Management Division (HMMD). Demolition of the automotive center could cause a public health and safety hazard. Mitigation. Official closure of the J.C. Penney Automotive Center site by the HMMD must occur prior to demolition of the building. Monitoring. Certification that the HMMD has officially closed the site shall be submitted in writing by the applicant to the City Building and Housing Department prior to issuance of demolition permits. D. Conformance with the City's Thresholds/Standard Policy 2. Impact. Because detailed building plans have not been designed, it cannot be determined whether the project would provide adequate fire access or fire-fighting systems. -- Mitigation. Building plans shall be submitted to and approved by the City Fire Department prior to construction. Monitoring. The City Building and Housing Department shall ensure that the proposed building plans have been approved by the City Fire Department prior to issuance of building permits. 2. Impact. Due to recent drought conditions, there is the potential need to reduce water consumption in the city. Mitigation. The City is currently preparing a water policy which could require reduction in water usage throughout the City. Since this policy is still in the planning stages, a determination of conformance with this policy is not possible at this time. If a water usage policy is in effect at the time of issuance of building permits, impacts could occur if the project does not conform to the guidelines or requirements set forth in the policy. The project plans shall comply with all adopted water usage policies which are in effect at the time the final site plans ate reviewed by the Planning Department. Monitoring. The City Planning Department shall review the final project plans for compliance with the goals of any water usage policies which are in effect at the time of review. Resolution No. 16510 Page 12 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of February, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, 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. 16510 was duly passed, approved, and adopted by the City Council at a joint City Council/Redevelopment Agency meeting held on the 25th day of February, 1992. Executed this 25th day of February, 1992. Beverly ~. Authelet, City Clerk