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HomeMy WebLinkAboutItem 2 - Attch 5 - Draft CC ResolutionATTACHMENT 5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING ADDENDUM TO ENVIRONMENTAL IMPACT REPORT UPD#83356-EIR- 65B/SCH#2005081077, MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED 2005 GENERAL PLAN AND LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION WHEREAS, the land area that is covered by the Bayfront Local Coastal Program (LCP) and the particular property that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the property that is the subject of the proposed amendment is located at 789 E Street, consists of two legal lots comprising approximately 4.81 acres in area and is located on Bay Boulevard north of E Street, between the SDG&E Right of Way and the Interstate 5 freeway, and is designated and labeled in the LCP as Parcel 1 a; and WHEREAS, California State law requires that coastal cities adopt a 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, in 2012 the City of Chula Vista (City) and the San Diego Unified Port District (Port District), in a collaborative effort with the community approved and adopted the California Coastal Commission -certified LCP and in September 2015 made some minor amendments to the LCP, which is the LCP that is currently in effect today; and WHEREAS, in January 2015 the development firm of Land Developers and Associates Corporation (LDA), operating under the name of City of Chula Vista, LLC (Property Owner), and owner of the property located at 789 E Street, submitted an application to amend the General Plan and the LCP; and WHEREAS, said application proposes to change the 2005 General Plan land use designation for the subject site from. Professional & Office to Commercial Visitor and the LCP Land Use Plan/Specific Plan zoning designation from Commercial - Professional and Administrative to Commercial - Visitor Limited (Amendment); 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 General Plan and LCP documents are included in Exhibit B attached to this Resolution and are hereby made a part hereof by this reference; and Resolution No. Page 2 WHEREAS, the Development Services Director has reviewed the proposed Amendment for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the Amendment was covered in previously adopted Environmental Impact Report UPD#83356- EIR-65B/SCH#2005081077 (the "FEIR"). The Development Services Director has determined that only minor techifical 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 the FEIR; and WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed General Plan and 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 owners 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., October 25, 2017, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the draft 2005 General Plan and LCP Amendment and Addendum; and WHEREAS at said public hearing the Planning Commission recommended through a vote of that the City Council approve the Resolution considering the Addendum to the FEIR, make the findings contained therein, and approve the Amendment to the 2005 General Plan and LCP Land Use Plan; and WHEREAS, the Development Services Director set the time and place for a hearing of the City Council on the proposed 2005 General Plan and LCP Amendment for , 2017, 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 owners within the exterior boundaries of the LCP Area, at least ten days prior to the hearing; and. WHEREAS, the hearing was held at the time and place as advertised, namely on 2017, at 5:00 p.m. in the City Council Chambers, located at 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the Addendum and 2005 General Plan and LCP Amendment. I. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: Resolution No. Page 3 A. ENVIRONMENTAL DETERMINATION That the proposed project has been reviewed for compliance with the California Enviromnental Quality Act (CEQA) and City Council has determined that the project was covered in previously adopted Enviromnental Impact Report UPD#83356-EIR- 65B/SCH#2005081077. The City Council has further determined that only minor technical changes or additions to the FEIR 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, consistent with section 15164 of the State CEQA Guidelines the City Council has considered the Addendum to Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077. B. GENERAL PLAN AND COASTAL ACT CONSISTENCY: That the proposed amendment to the 2005 General Plan and 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 proposed changes to the land use and. zoning designations affect only the property located at 789 E Streets and the rest of the properties within the LCP area will remain unchanged. Furthermore, the rest of the development standards and regulations, such as building height, setbacks, Floor Area Ratio and lot coverage, as well as others, will remain the same and will continue to regulate the future development of the site. The proposed changes are consistent with the goals and objectives of the 2005 General Plan and LCP. The proposed changes will contribute to open up and 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 new provisions of the General Plan and LUP and SP will be conducive to the development of the Bayfront and the creation of a world- class destination for residents and visitors. 11. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby adopt the Proposed 2005 General Plan and 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)). Resolution No. Page 4 BE IT FURTHER RESOLVED, that the City Council finds that the LCP complies with the guidelines established by the California 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 SP, to the California Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514). Presented by: Kelly Broughton, FLSA Director of Development Director Approved as to form by: Glen R. Googins City Attorney Exhibit A — LCP Area & Parcel 1 a Map Exhibit B — 2005 General Plan and LCP Land Use Plan Amendment Section X.d. Proposed Areas of Revision Affected Documents: 1. Chula Vista General Plan (adopted 12/2005; amended 03/2015) Page(s) LUT -45 General Plan Land Use Diagram LUT -59 Table 5-6 General Plan Land Use Distribution (2030) LUT -60 Table 5-7 General Plan Land Use in 2030 Nature of Proposed Revision: The proposed change relates to the land uses contained in the diagram on the above referenced page. The change, should the amendment be approved would involve switching designator color to red indicating a commercial visitor use zone. Proposed amendments to tables 5-6 and 5-7 would reallocate the approximately 5 acres from the Commercial Office designation to Commercial Visitor where applicable. 2. Chula Vista Bayfront Local Coastal Program: Land Use Plan (adopted 09/2012; amended 07/2015 & 08/2015) Pages: III -3; III -5; III -12 & III -13. Nature of Proposed Revision: Page III -3 — Change color of designator to indicate Commercial Visitor land use. Page III -5 — Remove "C -P" reference and replace with "C -VL"; Remove office reference and chang to hotel. Page III- — Amend Table 3-1 to reallocate acreage distribution related to proposed land use cha Re. Page IV -13 — Remove reference to parcel 1-a and related office zone. Add "Commercial- Visito Limited (C -VL)" zone language. 3. jChula Vista Bayfront Specific Plan (September 2012) ge 19 — Add "Commercial -Visitor Limited (C -VL)" zone language. Land Developers and Associates Corp. Chula Vista Bayfront 49 of 155 Site 1a Rezone Application • Parcel Area 3-c contains another medical group building and associated surface parking areas. This area is zoned and designated as I -G. • Parcel Area 3-d contains an office building and associated surface parking areas. This area is zoned and designated as I -G. • Parcel Area 3-e contains a furniture warehouse on the east side of Bay Boulevard and associated parking and loading areas. This area is zoned and designated as I -G. • Parcel Areas 3-f, 3-g, and 3-h are currently commercial/retail and light industrial uses with various businesses such as pest control, antique sales, clothing sales, produce sales, and offices. The business complex is characterized by multiple single -story buildings, storefronts, loading docks, and parking areas. These areas are zoned and designated as I -G. • Parcel Area 3-i consists of the Bayside Business Park with several different leasers. This area is zoned and designated as I -G. • Parcel Area 3-j s contains an industrial/commercial building. This area is zoned and designated as I -RL. • Parcel Area 3-k consists of the Faivre Street industrial area. This area includes industrial land uses in addition to some undeveloped areas within the floodplain of the Otay River. This area was annexed from the County of San Diego and contained the County's zoning of Manufacturing with a floodplain overlay (M-54). In the late 1990s, the M-54 zoning designation was changed to the City's Industrial—Limited (I -L) zone and the floodplain overlay in the City's General Plan was changed to the O -S land use designation. Undeveloped Parcel Areas: A few parcel areas, which are currently undeveloped, are also within the LCP Planning Area and have the potential for development within the limits of the designated zoning and land use provisions of the LCP. Parcel Area 1-a is owned by #t e--Qt-ya private party. The land is currently vacant and is zoned and designated as C -P -VL. The parcel is located just north of "E" Street and west of a freeway off -ramp. A portion of the property is under the jurisdiction of the California Department of Transportation (Caltrans) and is not included in the LCP Planning Area. The portion of the property located outside the Caltrans area is approximately 5 acres and is planned for office development in the CVBMP. This parcel has restricted access. Parcel Area 2-g is owned by the City of Chula Vista. This site has an area of 1.81 acres; it is currently vacant and is designated as Public/Quasi-Public (P -Q). This site is planned for construction of Chula Vista Fire Station Number 11. • Parcel Area 3-a includes a surface parking lot adjacent to "J" Street and undeveloped lands located between Bay Boulevard and 1-5 south of "J" Street. These parcels have the potential for additional development based on existing zoning. The surface parking lot parcel is currently zoned as C -V. The remaining parcels in Parcel Area 3-a are zoned and designated I -G. • Parcel Area 3-1 includes approximately 18 acres of land previously disturbed and currently vacant. It is currently under the ownership of SDG&E and the Port District and it could potentially be used for the relocation of the electrical substation. Parcel Area 3-1 is zoned and designated I -G. Chula Vista Bayfront LCP Amendment 111-5 September 2012 Land Use Plan Amended on July 22, 2015 and August 11, 2015 Site 1a Rezone Application Site 1a Rezone Application TABLE 5-6 GENERAL PLAN LAND USE DISTRIBUTION IN 2030 (ACREAGES) General Plan Land Use Designation Total General Plan Area Bay- front North- west South- west East East Chula Vista Subareas Unincorp. Sweet- water Subarea Unincorp. Otay Ranch Subarea RESIDENTIAL Low 6,977 64 1,560 2,4531 2,900 Low Medium 8,010 1,354 1,401 4,737 307 211 Medium 1,604 187 288 1,025 32 72 Medium High 665 143 113 312 97 High 525 124 253 148 Urban Core 84 84 Bayfront High 14 14 COMMERCIAL Retail 826 115 202 477 32 Visitor 443- 148 4-30-135 11 2 Professional & Admin. +63- 160 48- 13 61 7 67 12 MIXED USE Mixed Use Residential 933 174 98 611 50 Mixed Use Commercial 135 25 37 58 15 Mixed Use Transit Focus Area 122 83 39 INDUSTRIAL Limited Industrial 1,876 62 116 384 1,098 216 Regional Technology Park 85 85 General Industrial 175 175 PUBLIC, QUASI PUBLIC AND OPEN SPACE Public/Quasi-Public 2,901 55 225 321 1,880 381 39 Parks and Recreation 978 74 73 106 606 88 31 Open Space 7,314 100 215 617 3,587 1,101 1,694 Open Space Preserve 16,926 362 18 1 97 4,582 1,997 9,870 Open Space - Active Recreation 375 8 44 323 Water 2,672 1,498 9 1,165 SPECIAL PLANNING AREA Eastern Urban Center 266 266 Resort 230 230 Town Center 85 85 OTHER2 4,606 99 866 829 2,343 408 61 TOTAL ACRES 58,692 2,620 3,994 4,815 23,807 6,820 16,636 1 -The unincorporated portion of the Northwest Planning Area (87 acres of Residential Low) is included in the Unincorporated Sweetwater Subarea column only. 2 -Streets, freeways, utility right-of-ways Land Developers and Associates Corp. Chula Vista Bayfront 50 of 155 Site 1a Rezone Application TABLE 5-7 GENERAL PLAN LAND USE IN 2030 General Plan Land Use Designation 2030 Acres 2030 Dwelling Units RESIDENTIAL Low 6,977 8,232 Low Medium 8,010 41,286 Medium 1,604 16,159 Medium High 665 10,314 High 525 15,382 Urban Core 84 3,830 Bayfront High 14 1,500 COMMERCIAL Retail 826 Visitor 443-148 Professional & Admin. 465-160 MIXED USE Mixed Use Residential 933 17,639 Mixed Use Commercial 135 Mixed Use Transit Focus Area 122 3,782 INDUSTRIAL Limited Industrial 1,876 Regional Technology Park 85 General Industrial 175 PUBLIC, QUASI PUBLIC AND OPEN SPACE Public/Quasi-Public 2,901 Parks and Recreation 978 Open Space 7,314 Open Space Preserve 16,926 Open Space — Active Recreation 375 Water 2,672 SPECIAL PLANNING AREA Eastern Urban Center 266 4,905 Resort 230 Town Center 85 1,929 OTHER 4,606 TOTAL ACRES 58,692 124,958 * Streets, freeways, utility right-of-ways Land Developers and Associates Corp. Chula Vista Bayfront 51 of 155 Site la Rezone Application Table 3-1 Land Use Distribution Zone Acreage Commercial 112 Visitor (C -V) 6 Visitor (C -VL) 5 Thoroughfare (C -T) 42 Professional and Administrative (C -P) 21_ Commercial Subtotal 74 Industrial General (1-G) 112 Research and Limited (I -RL) 14 ............................................................................................ .......... ................... ........ .........................._........................................ Limited (I -L) .................. .............. ............ ......._........................... 8 .... ................... ............. ............................................................. Industrial Subtotal ......... ..... .. 134 Residential Mixed Harbor District (R -MH) ..1--.........................-...................................................................................................................................................................................................... 23 Residential Subtotal 23 Public and Open Space Public and Quasi -Public (P -Q) 28 Parks and Recreation (P -R) 1 Open Space(O-S) .......................... ............. .............. ................. .. 310 ........................ ..................... .... ...... ........... ... ....................... Public and Open Space Subtotal ...... .......... ...................... ... 339 • Mid -rise development is defined as 4- to 7 -story buildings with condominium style residences and central garage structures. • High-rise development is defined as 8 -story and above buildings with condominium style residences and central garage structures. Allocation: approximately 23 acres. COMMERCIAL. A number of specific commercial uses are permitted in the LCP Planning Area. Total allocation: approximately 74 acres. Commercial — Visitor (C -V). This land use designation provides uses for the needs of tourists, travelers, and local residents. This use is primarily located in proximity to the freeway. The regulations of this designation are designed to encourage the provision of transient housing facilities, Chula Vista Bayfront LCP Amendment 111-12 September 2012 Land Use Plan Amended on July 22, 2015 and August 11, 2015 Land Developers and Associates Corp. Chula Vista Bayfront 52 of 155 Site 1a Rezone Application restaurants, service stations, and other activities providing for the convenience, welfare, or entertainment of the traveler. Permitted uses include: 1. Hotels and inns 2. Retail, including: •Restaurants with a cocktail lounge as an integral , • Art galleries; •Retail shops; • Parking garages; • Bonafide antique shops; • !Markets; • Restaurants and wrack bars; • Service businesses; and • Any other establishment serving visitors determined to be of the same general character as the above -permitted uses. Allocation: approximately 6 acres. Commercial — Thoroughfare (C -T). This land use designation includes primarily motel, restaurant, and entertainment facilities similar to the existing developments that principally serve auto -oriented traffic. Additional permitted uses would include gas stations and similar traveler -oriented goods and services. Land uses not permitted within this designation (except as noted below for tourist oriented development) are those that would principally serve pedestrian traffic. These non -permitted uses include convenience retail, food and beverage retail sales, business and personal services. However, in order to promote high-priority visitor -serving uses, commercial retail and restaurant uses oriented towards tourist or visitor uses are permitted in the Commercial — Thoroughfare land use designation. Allocation: approximately 42 acres. Commercial — Professional and Administrative (C -P). Three areas of Professional and Administrative Commercial are provided. The locations are indicated on Land Use Map, Exhibit 8, and--inolude--P-arcel Area 1--a -with in-the-CVBMP--proposed-for office -use; new parcels within the Harbor District (Parcel 2- h), and an existing parcel within the Goodrich Parcel Area 2-b. The permitted uses include administrative office and support uses for the adjacent industrial uses. Additionally, retail commercial uses permitted in Parcel 2-h include a retail market for the provision of related goods and services for the permanent and visiting population in the vicinity. Allocation: approximately 26 acres. Commercial — Visitor Limited (C -VL). The C -VL land use designation provides for hospitality uses for tourists, visitors and residents. Uses are generally located near freeways. The use differs from the Commercial Visitor designation in that it allows only hotel and motel uses. Alternate visitor related "uses including restaurants, retail shops and bars are allowed as ancillary operations that are located within the main hotel structure. The location is illustrated on the Land Use Map and covers Parcel 1-a. INDUSTRIAL. Three types of industrial uses are designated on the Land Use Map: Limited, Research and Limited, and General. These land uses are confined to an area generally south of "F" Street, plus the inland parcel east of 1-5. Existing uses will continue to be permitted and to expand within the limits of the LCP. Allocation: approximately 134 acres. Industrial — Limited (I -L). This zone and land use designation includes light industrial activities Chula Vista Bayfront LCP Amendment III -13 September 2012 Land Use Plan Amended on July 22, 2015 and August 11, 2015 Land Developers and Associates Corp. Chula Vista Bayfront 53 of 155 Site 1a Rezone Application