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HomeMy WebLinkAboutReso 1992-16574 RESOLUTION NO. 16574 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-92-18 AND ADDENDUM THERETO AS AMENDED BY THE CITY COUNCIL AND MITIGATION MONITORING AND REPORTING PROGRAM AND ISSUING COASTAL DEVELOPMENT PERMIT NO. 57 FOR THE CONSTRUCTION OF A THREE-STORY PARKING STRUCTURE EXPANSION AT 850 LAGOON DRIVE AND DEVELOPMENT OF LANDSCAPED PARKING WITHIN ADJACENT SDG&E EASEMENT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been certified by the California Coastal Commission; and, WHEREAS, said LCP includes Coastal Development procedures determined by the Commission to be legally adequate for the issuance of Coastal Development Permits and the City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and, WHEREAS, a public hearing was duly noticed and conducted on April 7, 1992, in accordance with said procedures; and, WHEREAS, the City Council of the City of Chula Vista has reviewed and considered the information contained in Mitigated Negative Declaration IS-92-18 and Addendum thereto as amended by the City Council at there meeting of April 7, 1992 and Mitigation Monitoring and Reporting Program. WHEREAS, the City Council of the City of Chula Vista, as "approving authority," has reviewed the Rohr Inc. proposal for the construction of a three- level parking structure expansion at 850 Lagoon Drive and development of a landscaped parking within adjacent SDG&E easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista: A. Adopts mitigated Negative Declaration IS-92-18 and addendum thereto as amended by the City Council at their meeting of April 7, 1992 and Mitigation Monitoring and Reporting Program; and, B. The City Council of the City of Chula Vista finds that state and regional interpretive guidelines have been reviewed and the proposed project has been found to be in conformance with the public access and public recreational policies of Chapter 3 of the Public Resources Code. Further, based on the following findings, the Rohr Inc. proposal to construct a three-level parking structure expansion at 850 Lagoon Drive and to develop landscaped parking within adjacent SDG&E easement subject to conditions set forth in Exhibit C of Owner Participation Agreement BF/OP 4 heretofore approved by the Redevelopment Agency, is found to be consistent with the Resolution No. 16574 Page 2 certified Chula Vista Local Coastal Program: 1. The project will provide the number of on-site and adjacent vehicle parking spaces (through an agreement with the City of Chula Vista) to meet the vehicle parking requirements set forth in the certified LCP. The project is a minimum of one- third of a mile from the Bay's shoreline and public coastal park land. With adequate off-street vehicle parking provided by the development and the site's substantial distance from the bay's shoreline, no adverse impact on public access to the coast line is expected to occur. 2. The project site is located adjacent to the F/G Street Marsh. However, Building 1 being constructed on the western portion of the project site will provide a barrier between the wetlands and the parking structure to be located on the eastern portion of the site. In accordance with Mitigated Negative Declaration IS-92-18, mitigation measures will be implemented to ensure that the building and associated activities will not adversely effect the adjacent wetland habitat. 3. Ingress/egress via G Street will direct a large portion of on- site traffic to Bay Boulevard and away from Lagoon Drive. Also public improvements to be incorporated into the project will provide an incremental increase toward improved access to coastal resources. 4. The project site is designated for Industrial Business Park land uses. The parking structure for administrative/corporate offices related to the industrial land use adjacent to the south is in conformance with the certified LCP land use element. BE IT FURTHER RESOLVED that the City Council hereby approves Coastal Development Permit No. 57. Chris Salomone ruce M. Boogaar Community Development Director City Attorney Resolution No. 16574 Page 3 EXHIBIT C CONDITIONS OF APPROVAL 1. Unless otherwise specifed below, the following conditions must be satisfied by the DEVELOPER prior to issuance of a building permit for the 6-story building contemplated by the proposed development, and shall be deemed satisfied upon the issuance of such building permit: A. The DEVELOPER shall sign and record a parking agreement between the CITY OF CHULA VISTA and the DEVELOPER, which agreement shall (i) supersede and replace, effective upon the issuance of a certificate of occupancy for the improvements contemplated by the proposed development, that certain Agreement Between the City of Chula Vista and Rohr Industries, Inc. re Potential Use Restriction of Office Space, as required by BF/OP No. 3, (ii) provide for one (1) parking space per each three hundred (300) square feet of gross floor space existing on the Property in accordance with the requirements of the Chula Vista Municipal Code, and (iii) be on such other terms and conditions as are reasonably satisfactory to the CITY OF CHULA VISTA and the DEVELOPER. B. The DEVELOPER shall comply with all applicable provisions of the Chula Vista Municipal Code and other state and local laws. C. The DEVELOPER shall supplement the development proposal to include a pedestrian access between the easterly plaza area of the proposed 6-story office building and the central portion of the SDG&E parking facility. D. The DEVELOPER shall supplement the development proposal m include landscaped focal areas at the terminus of the proposed driveways accessing the SDG&E parking facility via the westerly Rohr office complex parcel. E. The DEVELOPER shall supplement the development proposal to include a specific size information for all new plant material which is proposed to be installed along "G" Street, which information shall be submitted to the Landscape Architect for the CITY OF CHULA VISTA for final review and approval. F. The DEVELOPER shall supplement the development proposal to include a fully dimensioned and detailed landscaping planting and irritation plan for the SDG&E parking facility, which plan shall be submitted to the Landscape Architect for the CITY OF CHULA VISTA for final review and approval. G. The DEVELOPER shall supplement the development proposal to include a plan for a 12-foot- wide landscaped median within the proposed "G" Street entrance, or other enhanced landscape plan for such entrance as may be reasonably satisfactory m the CITY OF CHULA VISTA and the DEVELOPER. The final landscape plan for such proposed entrance between Bay Boulevard and the south access to Rohr's 11.S-acre parcel shall be implemented in connection with the proposed project no later than January 41, 1994, unless otherwise agreed by the AGENCY and the DEVELOPER. H. Unless otherwise agreed by the AGENCY and the DEVELOPER, the DEVELOPER shall submit to the Landscape Architect for the CITY OF CHULA VISTA a comprehensive landscaping master plan and schedule for the implementation thereof at the time that a master plan for the DEVELOPER's entire Chula Vista campus is submitted to the AGENCY for its review. Resolution No. 16574 Page 4 I. An amendment to the Certified Local Coastal Program to allow an increase in F.A.R. to .75 and to increase building height limitation to 95 feet on the project site shall be approved by the City of Chula Vista and the California Coastal Commission prior to issuance of a building permit for the proposed Building 2. J. The DEVELOPER shall incorporate into the proposed project an addendum thereto the following mitigation measures set forth in Mitigated Monitoring Declaration No. IS-92-18, and the Mitigation Monitoring and Reporting Program associated therewith: 1. Earth a. In the event construction dewatering is required prior to foundation excavation as a result of the interception of water levels with construction areas, temporary construction dewatering shall be implemented in accordance with the 1990 report recommendations of Woodward Clyde Consultants, and in compliance with the directives of the Regional Water Quality Control Board regarding discharge of temporary dewatering wastes. Ai__r a. The proposed project shall participate in the DEVELOPER's Transportation Control Measure Program, which includes: ® ridesharing, and van pool incentives; · alternate transportation; and, · work scheduling for off-peak hours. b. W'nen the City adopts its own emission reduction program (subsequent to and consistent with the SANDAG/APCD Plan adoption), Rohr must implement any additional relevant legal requirements. c. The DEVELOPER shall comply with any appropriate dust control measures required by APCD (e.g., maintaining adequate soil moisture and removal of soil spillage), and any appropriate limits on the hours of construction (e.g., allowing construction between 7:00 a.m. to 7:00 p.m.) and prohibitions on construction truck queuing. 3. Water a. The DEVELOPER shall comply with all applicable legal requirements of Sweetwater Authority and the City of Chula Vista re: water consumption. 4. Plant, Animal Life a. The proposed project shall continue to participate in a predator management program for the Chula Vista Bayfront region to control domestic predators as well as wild animal predators. In the event that this program is not established prior to issuance of a grading permit for the proposed project, the DEVELOPER shall coordinate with the United State Fish and Wildlife Service ("USFWS") to determine the extent of participation and the necessary timeframe for predator management. The USFWS recommends contracting with the Department of Agriculture Resolution No. 16574 Page 5 Animal Damage Control program to provide the necessary predator management services. b. Any fertilizers, pesticides and herbicides utilized within the landscaping areas of the proposed project shall be of the rapidly biodegradable variety and shall be approved by the Federal Environmental Protection Agency for use near wetland areas. c. All landscape chemical applications used in connection with the proposed project shall be accomplished by a person who is a state-certified applicator. d. No open garbage containers located outside shall be permitted, and all dumpsters shall be totally enclosed to avoid attracting avian and mammalian predators and scavengers to project area. All garbage shall be hauled away as often as reasonably possible. e. The 94-foot building contemplated by the proposed project shall utilize non-reflective glass on the west side and bold architectural lines which are readily observable by birds. The glass which was approved for the building contemplated by the certain BF/OP No. 3 Owner Participation Agreement between the AGENCY and the DEVELOPER shall be used on the building contemplated by the proposed development. No extraneous ledges upon which raptors could perch or nest shall be included on the western side of the 94-foot building contemplated by the proposed project. Any ledges facing the west shall not exceed two inches in width or shall be sufficiently sloped to avoid such perching. Additionally, any roof crests which are exposed to the weftand shall be covered with an anti-perch material, such as 'Nixalite.' Additionally, the north roof edge of Rohr Building 61 will be covered with an anti-perch material, such as "Nixalite." The DEVELOPER commits to use its best efforts to correct any additional problem areas which may be caused by a heavy incidence of perching observed on the proposed improvements or in landscaping materials. g. All outside lighting in connection with the proposed project shall be directed away from marsh areas or reflecting faces (windows) of the western side of the building contemplated by the proposed development. All lights shall be limited to the minimum required for security on the western side of the proposed building. 5. Noise a. A biological monitor shall survey the marsh area subject to potential construction noise; depending on the resources present and their location, the monitor may impose time limitations on construction if construction occurs during the nesting season. b. Any building to be constructed as a part of the proposed project that has noise-generating uses shall be designed to meet applicable state and local noise standards. Resolution No. 16574 Page 6 c. The 5th and 6th floors of the 94-foot building contemplated by the proposed project shall be designed to meet applicable CITY OF CHULA VISTA requirement for interior noise levels, which is a maximum of 45 decibels. 6. Light and Glare a. As stated above, outside lighting shall be directed away from marsh areas, and said lights shall be limited to the minimum required for security. 7. Land Use a. The LCP amendment proposed in connection with the project shall have been approved. 8. Natural Resources a. Energy efficient building design is required by law. The DEVELOPER shall include energy efficient lighting and appliances in the building contemplated in this project where practically feasible. 9. Risk of Upset a. If hazardous materials are used in connection with the proposed project, permits from the appropriate regulatory agencies shall be obtained. Such permits, if necessary, shall be required prior to issuance of any occupancy permits for each building where such materials would be used. 10. Public Services a. The DEVELOPER shall comply with the Fire Depaihnent's fire prevention/protection requirements. The DEVELOPER shall coordinate with the Fire Department to determine and implement the exact requirements for each building or area. b. All proposed areas shall be required to meet the requirements for fire flow and fire hydrants in accordance with Appendix IIIA and IIIB of the Uniform Building Code. Any fire apparatus roads in excess of 150 feet that dead end shall have turn around for fire apparatus. c. The DEVELOPER shall pay the state-mandated school impact fee. Resolution No. 16574 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverl3/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. 16574 was duly passed, approved, and adopted by the City Council held on the 7th day of April, 1992. Executed this 7th day of April, 1992. ,, ,,.~,,,i T 7'~ ,/ Beverly 5' Authelet, City Clerk