HomeMy WebLinkAboutReso 1992-16523 RESOLUTION NO. 16523
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE GENERAL PLAN ON CONDITIONS FOR THE
PALOMAR TROLLEY PROJECT AND ZONE CONSISTENCY SUBAREA B-
3-A, AND AMENDING THE MONTGOMERY SPECIFIC PLAN ON
CONDITIONS, MAKING CEQA FINDINGS AND ADOPTING A
MITIGATION MONITORING PROGRAM REGARDING THE PALOMAR
TROLLEY CENTER COMMERCIAL SHOPPING CENTER PROJECT
PALOMAR TROLLEY CENTER PROJECT NATTERS
Entire Project Area
WHEREAS, the property which is the subject matter of a commercial shopping
center development referred to herein is a rectangular area of land approximately
eighteen and 2/lOths (18.2) acres bounded on the north by Palomar Street on the
east by Broadway, on the west by the San Diego Trolley Palomar Street Station and
on the south by San Diego Gas and Electric right-of-way, and is diagrammatically
presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley
Center, EIR 91-02 (FEIR), as the area outlined with such designation, a copy of
which is on file in the office of the City Clerk; and,
Amendment Area
WHEREAS, the property which is the subject matter of an application herein
referenced for general plan amendment, Montgomery Specific Plan Amendment, and
change of zones is a portion of the Entire Project Area consisting of
approximately three {3) acres in the southeast portion of the Entire Project
Area, diagrammatically presented in Figure 5-5 of the Final Environmental Impact
Report, Palomar Trolley Center, EIR 91-02 (FEIR), as the area shown in cross-
hatch thereon, a copy of which is on file in the office of the City Clerk; and,
Project
WHEREAS, Pacific Scenes, Inc. ("PSI"}, the entity which has development
control over most of the Entire Project Area has proposed a plan for the
construction of 198,200 gross square feet of commercial shopping center
improvements on the Entire Project Area pursuant to a plan that is more fully
described in the FEIR, Section 3.0 ("Project Description"), page 3-1, which
entire plan for improvement shall herein be referred to as the "Project"; and,
Application for Entltlements
WHEREAS, in conjunction with a plan for the construction of a lg8,200 gross
square foot shopping center located on the Entire Project Area, Pacific Scenes,
Inc. (PSI) has filed an application {"Application") with the City for a General
Plan Amendment, Montgomery Specific Plan Amendment and change of zone from Light
Resolution No. 16523
Page 2
Industrial with a P Modifier ("I-L-P") to Center Commercial with a P Modifier
("C-C-P") for the Amendment Area to allow for the use of the Entire Project Area
for a shopping center containing five major anchor tenants and other retail
facilities such as five building pads, two of which will have drive-through
capabilities for fast-food restaurants, sidewalks and landscaping, all as more
fully set out in the proposed Palomar Trolley Center Semi-Exclusive Negotiating
Agreement ("SENA"), and that Application on file with the Director of the
Planning Department; and,
Certifying Resolution
WHEREAS, the City Council did, by the adoption of Resolution No. 16522
{"Certifying Resolution"}, certify that the Final Environmental Impact Report,
as defined therein, was prepared in accordance with the requirement of the
California Environmental Quality Act, and the guidelines lawfully promulgated
thereunder; and,
WHEREAS, the recitals and resolutions of the City Council contained in said
Certifying Resolution are incorporated herein as if set forth in full hereat;
and,
Palomar Trolley Center Project Public Hearing
WHEREAS, a public hearing was held before the City Council on PSI's
Application for a General Plan Amendment, Montgomery Specific Plan Amendment and
Zone Change ("Public Hearing") on or about February 25, lg92 regarding the
Palomar Trolley Center;
Zone Consistency Study Area 3-B-A
WHEREAS, the City Council, by a public hearing held on or about February
4, 1992 {"Public Hearing 91-5} at which it determined that, by a consolidated
general plan amendment, that an approximate 5 acre, 21 parcel area bounded by E
Street, D Street, Third Avenue and Landis Avenue, all as more particularly
identified in Exhibit B, incorporated herein by reference {"Zone Consistency
Study Area 3-B-A"), should be replanned for General Plan purposes from "Low-
Medium Residential (3 to 6 dwelling units per acre)" to "Medium-High Residential
(11 to 18 dwelling units per acre)";
Now, therefore, the City Council of the City of Chula Vista does hereby
find, determine, resolve and order as follows:
SECTION 1. Planning Commission Record Incorporated.
As to the Palomar Trolley Center Project, the proceedings before the
Planning Commission on the Application, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this
proceeding.
Resolution No. 16523
Page 3
SECTION 2. EIR Compliance with CEQA
As to the Palomar Trolley Center Project, the City Council has reviewed
and considered EIR No. 91-02, the environmental impacts therein identified
by the project, the candidate findings attached hereto as Exhibit C, and
the proposed mitigation measures contained therein and has found, by the
adoption of the Certifying Resolution that EIR No. 91-02 was prepared in
accordance with the requirements of CEQA and guidelines lawfully
promulgated thereunder.
SECTION 3. General Plan Amendment for Amendment Area, Palomar Trolley
Center Project.
As to the Palomar Trolley Center Project, the City Council does hereby
conditionally amend the Land Use Element of the General Plan to provide
that the land use designation for the Entire Project Area shall be Retail
Commercial. The conditions of the amendment are as follows:
a. Implement the Project as Herein Amended.
The "Project", as described in the EIR, except as may be modified by
other and further conditions herein imposed, shall be implemented by
the Applicant.
b. Environmental Impact Mitigation Measures Implemented.
All environmental impact mitigation measures in the nature and to
the extent attached to the FEIR as Appendix B and Measure No. 4 on
Page 5.5-2 ("Automatic Fire Sprinklers") ("EIMM") shall be
implemented as soon as commercially practical but in no event later
than 3 years after the adoption hereof, unless extended by Council
resolution, except for those EIMM which, by their terms, require
implementation and maintenance over a longer period ("Extended
EIMM"), and in such event, that such Extended EIMM be commenced as
soon as practical, and diligently, and with good faith and best
efforts, be implemented to completion.
c. Development Under Owner Participation Agreement (OPAl
PSI shall, within two years from the date of adoption hereof, reach
an agreement as to the development of the Entire Project Area with
the Redevelopment Agency of the City of Chula Vista which agreement
shall herein be referred to as an "Owner Participation Agreement" or
alternatively ("OPA"), and upon approval, PSI shall perform all
covenants and promises therein contained required of PSI by said
OPA.
Upon determination of the City made at a public hearing at which PSI shall
be given notice and opportunity to attend, that the conditions of this
amendment have not occurred, the General Plan Amendment herewith granted
shall automatically terminate and be of no further force and effect. In
Resolution No. 16523
Page 4
such event, the Land Use designations for the Amendment Area, as contained
in the Land Use Element of the General Plan shall terminate, and such
Amendment Area shall revert to the existing Land Use designation of
Research and Light Manufacturing ("R & L M"}.
SECTION 4. Grant of General Plan Amendment for Zoning Consistency Study
Area B-3-A.
As to the territory of Zone Consistency Study 3-B-A, the City Council does
hereby amend the Land Use Element of the General Plan to provide that the
land use designation for said Study Area shall be "Medium-High Residential
(11-18 dwelling units per acre)".
SECTION 5. Montgomery Specific Plan Amendment.
As to the Palomar Trolley Center Project, the City Council does hereby
conditionally amend the Montgomery Specific Plan Land Use Designation Map
attached as Exhibit A of the Montgomery Specific Plan to provide that the
land use designation for the Amendment Area indicated thereon shall
redesignated from Research and Limited Industrial and Institutional to
Mercantile and Office Commercial. The conditions of this amendment are as
follows:
a. Implement the Project as Herein Amended.
The "Project", as described in the EIR, except as may be modified by
other and further conditions herein imposed, shall be implemented by
the Applicant.
b. Environmental Impact Mitigation Measures Implemented.
All environmental impact mitigation measures in the nature and to
the extent attached to the FEIR as Appendix B and Measure No. 4 on
Page 5.5-2 ("Automatic Fire Sprinkler") {"EIMM"} shall be
implemented as soon as commercially practical but in no event later
than 3 years after the adoption hereof, unless extended by Council
resolution, except for those EIMM which, by their terms, require
implementation and maintenance over a longer period {"Extended
EIMM"), and in such event, that such Extended EIMM be commenced as
soon as practical, and diligently, and with good faith and best
efforts, be implemented to completion.
c. Development Under Owner Participation Agreement (OPAl
PSI shall, within two years from the date of adoption hereof, reach
an agreement as to the development of the Entire Project Area with
the Redevelopmerit Agency of the City of Chula Vista which agreement
shall herein be referred to as an "Owner Participation Agreement" or '
alternatively ("OPA"), and upon approval, PSI shall perform all
Resolution No. 16523
Page 5
covenants and promises therein contained required of PSI by said
OPA.
Upon determination of the City made at a public hearing at which PSI
shall be given notice and opportunity to attend, that the conditions
of this amendment have not occurred, the Montgomery Specific Plan
Amendment herewith granted shall automatically terminate and be of
no further force and effect. In such event, the Land Use
designations for the Amendment Area, as herein made shall
automatically terminate, and such Amendment Area shall revert to the
existing Land Use designations currently contained (Research and
Light Industrial, and Institutional) in such Montgomery Specific
Plan.
SECTION 6. 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
Candidate CEQA Findings attached hereto as Exhibit C ("Final EIR,
Palomar Trolley Center, Candidate CEQA Findings").
b. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit C attached hereto,
the Council hereby finds, pursuant to Public Resources Code Section
21081 and CEQA Guidelines Section 15091, that the mitigation
measures described in the EIR are feasible, and will become binding
upon the City.
c. Infeasibility of Alternatives.
As set forth in Exhibit C attached hereto, the Council hereby finds
that it is unnecessary to determine that any of the proposed project
alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse
environmental effects since all potentially significant adverse
environmental effects of the project will he eliminated or
substantially lessened by virtue of the mitigation measures herewith
imposed.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code Section 21081.6, the City
Council hereby adopts the mitigation monitoring and reporting
program ("Program") attached to the FEIR as Appendix B incorporated
herein by reference. The Council hereby finds the Program is
designed to ensure that, during project implementation, the
Permittee/Project applicant, and any other responsible parties,
Resolution No. 16523
Page 6
implement the Project components and comply with the feasible
mitigation measures identified in the Findings.
e. Statement of Overriding Considerations Unnecessary.
After the adoption of all feasible mitigation measures certain
significant or potentially significant adverse environmental effects
caused by the Project will not remain. Therefore, the Council
hereby finds that it is unnecessary to issue, pursuant to CEQA
Guidelines Section 15093 a statement of overriding considerations
identifying the specific economic, social, and other considerations
that render that unavoidable significant adverse environmental
effect acceptable.
SECTION 7. Notice of Determination
The City Manager, or his designee, is hereby directed, after the passage
and adoption of this resolution, to deliver a Notice of Determination as
to the Palomar Trolley Center Project, together with a copy of this
Resolution, its Exhibits, and all resolutions passed by the City Council
in connection with this Project, with the County Clerk of San Diego County
and, in accordance with Public Resources Code Section 21152, to cause such
Notice to be posted in the County Clerk's office. The City Manager shall
accomplish all of the above notice requirements within five working days
following the passage and adoption hereof.
SECTION 8. Record of Proceedings
That the City Clerk shall certify to the passage and adoption of this
resolution; shall cause the same to be entered in the book of original
resolutions of said City; shall make a minute of the passage and adoption
thereof in the records of the proceedings of the City Council of said City
in the minutes of the meeting at which the same is passed and adopted.
Presented by Approved as to form by
Robert A. Leiter ~)ruce M. Boogaar
Director of Planning City Attorne
Resolution No. 16523
Page 7
EXHIBIT A
to the Resolution Granting a General Plan Amendment,
Montgomery Specific Plan Amendment and Rezone
Entire Project Area {outlined)
Amendment Area (cross-hatch}
Figure 5-5 of the FEIR
Resolution No. 16523
Page 8
EXHIBIT B
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Resolution No. 16523
Page 9
EXHIBIT C
to the Resolution Granting a General Plan Amendment,
Montgomery Specific Plan Amendment and Rezone
PALO~,.AR TP,.OIJ.KY ~
CEQA
CANDIDATE CEQA FINDINGS
FOR. FINAL ENVIRONMENTAL IMPACT
REPORT EIR 91-02
IN ACCORDANCE WITH SECT[ON 21081 OF
THE CAUFORNIA ENVIRONMENTAL QUALITY ACT
AND SECTION 15091 OF TITLE 14
OF THE CALIFORNIA ADMINISTRATIVE CODE
Resolution No. 16523
Page 10
I. BACKGROUND
It is the policy of the State of California and the City of Chula Vista that the Cit~ 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 approve&
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 jufisdiction of another public
agency and nor 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 E1R for the proposed
Palomar Trolley Center based on the EIR text, and all documents, maps, and illustrations included
in the public records.
II. PROJECT DESCRIPTION
The proposed project is a large community shopping center incorporating a total of 198,200 gross
square feet of building space which cover approximately 25% of the site area. The remaining 75%
of the project area will consist of sidewalks, parking, landscaping, and roadways. The project site
consists of approximately 18.2 acres (729,800 square feet). Existing on-site uses include 7-Eleven
store and laundromat which occupy the northeast corner of the proper'o/, and Sam's Trailer Service
which occupies the far eastern section of the site. The Mi Cabana nightclub/restaurant, three
single-family homes, and a church are located within the central portion of the site. Approximately
two-thirds of the property is currently vacant. A "paper" street fight-of-way, which rims from Jayken
Way north of Palomar Street, will also be vacated. Uses proposed for the site will include major
anchor tenants and other large commercial tenants, smaller retail shops, five building "pads", two
of which will have drive-through capabilities for fast-food restaurants, sidewalks and extensive
landscaping. Public amenities will include a traffic circulation loop within the project site.
In conjunction with the proposed project, a linear park may also be developed within the SDG&E
right-of-way directly south of the project site. The 55-foot wide linear park would consist of a
passive use park, with a pedestrian/bike path and possibly some benches. The park would provide
access from Broadway to the trolley station and from the station to Broadway or the proposed
project. The linear park, which will require approval by SDG&E, will not serve as a neighborhood
or community park. Future consideration of the park would also be subject to the conditions of the
EMR study now in progress by the EPA.
Resolution No. 16523
Page 11
Parking for the Palomar Trolley Center w~l be provided on-site. The City uses a ratio of S parking
spaces for every 1,000 square feet of building space. Therefore, the project must provide a minimum
of 991 parking spaces.
Specific Design Guidelines have been developed for this proposed project which outline design
criteria including site to building ratios, landscaping, and percentage of "high" retail sales tax
generating businesses that must occupy the project site. These guidelines were created in an effort
to allow a creative design theme which provides Montgomery planning area with an upscale, viable
reta~ center that adheres to and complements City design standards. These design guidelines are
available at the City of Chula Vista Planning Department for public review.
III. INSIGNIFICANT IMPACTS
The final EIR. and subsequent addendums for the Palomar Trolley Center concluded that the project
would clearly not have significant adverse impacts in the following areas (numbers refer to the
section of the EII~ where the issue is discussed):
A. Drainage (5.1)
B. Aesthetics (5.3)
C. Social Factors (5.4)
D. Community Infrastructure * (5.5)
E. Energy (5.6)
F. Human Health (5.8)
The areas listed above do not require that one of the findings listed under Section I, Background,
be made because no significant environmental impacts are associated with these issue areas.
· Based on further analysis, conclusions reached in the Final EII~ regarding schools
have been adjusted. These changes are addressed in the Second Addendum to the
Final EIR which discusses impacts m schools and related impact fees. The Second
Addendum concludes that there will be no significant impacts m schools serving
area in which the project is located.
IV. IMPACTS FOUNDS TO BE MITIGABLE TO INSIGNIFICANT LEV~I-q
Impacts area listed under this section require that findings be made and implemented as part of the
proposed project. These findings will serve to avoid or substantially lessen significant environmental
impacts associated with the project,
A_ Land Use
Land uses proposed by the project are inconsistent with the Montgomery Specific Plan and
the City's Zoning Ordinance; the project proposes 18.2 acres of commercial land use on a
parcel designated as 2.0 acres of industrial, 15.2 acres of commercial, and 1 acre of
institutional; rezoning of the project site must occur (3.0 acres of limited industrial to
central commercial) to be consistent with the land uses proposed by the project.
1. Findings
Resolution No. 16523
Page 12
Changes or other measures listed below which mitigate the significant
environmental effect have been included in the project or are otherwise being
implemented.
a. The Montgomery Specific Plan shall be amended from research and limited
industrial (2.0 acres) and institutional (1.0 acres) to 3.0 acres of mercantile
and office commercial for the project site by the City of Chula Vista.
b. The developer shall submit a precise plan to the City in conjunction with the
development proposal.
c. The 3.0 acres of the site presently zoned I-L-P shall be rezoned to C-C-P by the
City of Chula Vista.
2. Conclusion
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 as set forth above.
B. Utilities
Water consumption will be 38,100 gallons per day more than present, and generation of
sewage and solid waste will be 30,300 gallons per day and 0.33 tons per day above present
conditions, respectively; the project will use 2S7% more water and generate 303% and
191.8% more sewage and solid waste respectively than existing development.
1. Findings
Changes or other measures listed below which mitigate the significant
environmental effect have been included in the project or are otherwise being
implemented.
a. The developer shall implement water conservation devices into the project
wherever possible. These may include, but not be limited to:
® The use of drought resistant shrubbery and vegetation;
· Installation of low volume toilet tanks;
® Installation of flow control devices to reduce water flow from faucets.
b. The developer shall participate in whatever water conservation program such
as net increases in water consumption, or fee offset program the City of Chula
Vista has in effect at the time of building permit issuance.
c. The developer shall implement source control devices such as grease traps at
food processing businesses.
d. The developer shall implement a recycling program, as required by the City of
Chula Vista in all businesses. This program may include source separation
techniques, and disposal by a private contractor.
Resolution No. 16523
Page 13
e. A sewer holding tank shall be located on the project site to allow for off-peak
discharge of sewage until CIP projects have been completed.
f. The developer shall pay required sewer fees to finance sewer improvements.
Fees will be in direct proportion to the actual wastewater discharged by the
development.
g. The developer shall adhere to all State Energy Commission standards for new
construction.
2. Conclusions
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.
C. Transportation
R. oadway segments with the study area including Palomar Street between Industrial
Boulevard and Orange Avenue will be impacted by additional traffic generated by the
project; intersections within the study area without mitigation will experience lower levels
of service and three intersections including Project Entrance/Broadway/Palomar Street, and
Broadway/Main Street will operate below accepted levels of service.
1. Findings
a. P, oadway Segments
Changes or other measures listed below which mitigate the significant
environmental effect have been included in the project or are otherwise being
implemented.
(1) Widen Palomar Street between Industrial Boulevard and Orange
Avenue to a six-lane major street to the satisfaction of the City
Engineer.
b. Intersections
(2) Install a traffic signal at the proposed intersection of Palomar
Street/Project Entrance and construct the following lane geometrics:
· Eastbound - one left, two through, and one through/right
· Westbound - two left, two through, and one through/right
· Northbound - one left, and one through/fight
· Southbound - one left, and one through/right
(3) Improve the intersection of Palomar Street/Broadway to provide the
following lane geometrics:
· Widen the eastbound approach to provide an additional left turn
lane and widen the westbound approach to provide an additional
Resolution No. 16523
Page 14
through lane. The resulting geometric configuration for this
intersection is detailed below:
· Eastbound - two left, two through, and one through/right
· Westbound - two left, two through, and one through/right
· Northbound - one left, two through, and one right
· Southbound - one left, two through, and one right
(4) Improve the intersection of Palomar Street/Trolley Station Entrance to
provide the following lane geometrics:
· Widen the eastbound and westbound approaches to provide an
additional through lane in each direction. The resulting geometric
configuration for this intersection is detailed below:
Eastbound - one left, two through, and one through/right
Westbound - one left, three through, and one right
Northbound - one left, and one through/right
Southbound - one left/through, and one right
(S) The proposed project as described in Section 10.0 of the Final EIR, may
be developed in two phases. As such, the improvements listed under
#S may be completed after a technical report has been completed
which analyses the scheduling of improvements, methods of financing,
and the extent to which this project would effect improvements listed
under #5. The intersection of Main Street/Broadway to provide the
following lane geometrics:
· Widen the eastbound and westbound approaches to provide an
additional right-turn lane in each direction and widen the
northbound and southbound to provide an additional left turn lane
in each direction. The resulting geometric configuration for this
intersection is detailed below:
· Eastbound - one left, two through, and one through/right
Westbound - one left, two through, and one right
· Northbound - two left, two through, and one right
Southbound - two left, two through, and one right
c. Site Access and Internal Circulation
(6) The following mitigation strategies and site improvements should be
required by the City during the review of the site design plans:
· In addition to the Main Entrance Driveway and the Palomar
Trolley Station Entrance, three other access points will be provided
and restrict access at these locations to right-turns in the right-
turns out, in conjunction with a raised median on Palomar Street.
· The access point located to the east of the site on Broadway shall
be restricted to right and left-turns in and right-turns out. Care
must be taken when designing this left-turn pocket, as it is likely
Resolution No. 16523
Page 15
to be confused with the left-turn pocket from northbound
Broadway to westbound Palomar Street.
® The internal circulation and parking layout adjacent to each
individual restaurant pad should be re-evaluated when specific
plans are made for these uses on the proposed project site.
2. Conclusion
All significant effects that can be feasibly avoided will be eliminated or substantially
less by virtue of the mitigation measures identified in the Final EIR and
incorporated into the project as set forth above.
Resolution No. 16523
Page 16
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
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Nader
David Malcolm
Mayor Pro-Tempore
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. 16523 was duly passed, approved,
and adopted by the City Council held on the 25th day of February, 1992.
Executed this 25th day of February, 1992.
Beverly/A. Authelet, City Clerk