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Home My WebLink AboutItem 2 - Attch 6 - Draft CC OrdinanceATTACHMENT 6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 AND MAKING CERTAIN FINDINGS WITH REGARD THERETO WHEREAS, the land area that is covered by the Bayfront Local Coastal Program and the particular property that is the subject matter of this Ordinance 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 Local Coastal Program (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 finn 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 to the 2005 General Plan and LCP Specific Plan 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 Ordinance and are hereby made a part hereof by this reference; and Ordinance No. Page 2 WHEREAS, the Development Services Director has reviewed the proposed Amendment for compliance with the California Environmental Quality Act (CEQA) and has determined that the Amendment was covered in previously adopted Enviromnental Impact Report UPD#83356-EIR- 65B/SCH#2005081077 (the "FEIR"). The Development Services Director has determined that only minor technical 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, a hearing at the time and place as advertised, namely October 25, 2017, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Proposed LCP Amendment; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended with a vote of that the City Council consider the Addendum to the FEIR and approve the LCP Amendment, including the Specific Plan; and WHEREAS, the City Clerk set the time and place for the hearing of the City Council on the LCP Amendment, including the Specific Plan, and notices of the 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 exterior boundary of the LCP at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the LCP Amendment, including the Specific Plan, was held before the City Council on , 2017, in the City Council Chambers, located at 276 Fourth Avenue, at 5:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same and said hearing was thereafter closed. SECTION I. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: A. ENVIRONMENTAL DETERMINATION That the proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and City Council has determined that the project Ordinance No. Page 3 was covered in previously adopted Enviromnental Impact Report UPD#83356-EIR- 65B/SCH#2005081077. The City Council has further determined that only minor teclniical 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 Enviromnental Impact Report UPD#83356-EIR- 65B/SCH#2005081077. B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT That the proposed amendment to the 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 plamiing 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 fixture 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. SECTION II. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve the amendment to the LCP Specific Plan contained in Exhibit B attached to this Ordinance and on file at the Office of the City Clerk, and incorporated herein by this reference and thereby amending Chula Vista Municipal Code Chapters 19.81 thru 19.87. SECTION III. SUBMISSION TO COASTAL COMMISSION BE IT FURTHER ORDAINED, 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 mariner fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)). BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the guidelines established by the California Coastal Commission and contains materials sufficient for a Ordinance No. Page 4 thorough and complete review (Public Resources Code Section 30510(b)). BE IT FURTHER ORDAINED, 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 Ordinance 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). SECTION IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION V. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION VI. EFFECTIVE DATE This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from and after this Ordinance's final adoption. SECTION VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton, FLSA Glen R. Googins Director of Development Services City Attorney Ordinance No. Page 5 Exhibit A — LCP Area & Parcel la Map Exhibit B — LCP Specific Plan Amendment I �/, �l; d � �„ �� r �r y� �( (� �, r�d i 4 �< � ,c r:. L National City Boundary °Chula Vista City Bounary (UNZ) Unzoned Unzoned (O R- ) (OS) Park/ pe Space O nS-ace r (PQ) wti Apartments (R3P) Residential l High i d f OS 1 ( ) r r Mobile Home Parkas Uoz )� (Vacant) „ »,pro sr uuu, Unzoned „ P"d Allowed Density: 1 /-,,'II-rr , . W 120,000 sq. ft. / '1 44' Maximum Height Mobile Home Park Existing Zcte(CP) 7 " Commercial (R3) i Professionalesident I, (� 4.816 Acr High j / i l , U (M,P) Residential 'Mediun SUBJECT SITE UC_1g ( ) Park en �O Sp ace Ll P i„ UO 18 Hotel/Motel ,de _, Comm rcial Public & m Q � Quasi Public(HosComme Restaurant °— . °^ 6 Commercial ., Service Station Commercial Lt, ...Vieitor(CVBMP)RV Park R:, -CVP Campground (Vacant) It dustr I ener (PO) It ustr ixed Use Mixed Use //Transit Focus Area Hotel/Motel (Hospitality) j y I m Commercial Thoroughfare r=' (UC 14) (IL) Residential It Justr I Urban Core Office Limit Ind strial t Office } (PR)'"m. ...I Park pen Space arks & Recre1 n so�«e. cnwa Vista GIS, SANDAL Property OnMame; ty It", Chula 'sBoundary Associates,Land Developers Corp, Subject Site 1 v5 ab ya i st i Property Owner Address, Zoning 5950 Canoga Ave Ste. 500 n y chul:a via,t It Location: � +bland Hills„ CA; 9136 6 Buffer 1000 5,. r r Chula Vista Bayfront, E Street � Building Foot anii'Bay Baul,evard Plan prepared by, �.._._< Prizlt PRM Consulting 250 00 Ai565-310-09 Date of Pre a1 Feet ow 565-310-25 �3=2017 Site 1a Rezone Application National City Boundary Chula Vista City Boun ary (UNZ) Unzoned Unzoned (OS) Park(/ pe Space O n S ace ........ Apartments (PO) (R3P) Resi dential igt? I � f °,m 4 Mobile Home Parkr ii; (u ) Vacant 'w Unz � I Unzoned °��,°u��„��m Maximum Density: (Per the CVBMP) 1 7i 7 i ll 1 120,000 sq. ft. X,Mobile Home`Park 44' Maximum Height l s1 .. // %j 1i Proposed nmg: (Rs I Commercia Visitor Limited sidenti II � �"'J ' \� (Hotel Only qqq 4.818 Acre lfigh�� Resi5gnpal MediUm SUBJECT SITE ( (uQ_,$) Park Y i Sp 'Openace . 'r i UQ 18 HOS � � ( ✓ ) Public & ( P Y)ff � A Hotel/Motel Com ercial Itallt ”- Commercial Visitor Quasi Public I Restaurant I ' a (UC-16) Commercial Service Station � ': �� commercial Visitor RV Park Restaurant r CVP ( ) I ustr I Campground Vacant ever I (PQ) ustr TransitFocus Area Mixed Use Hotel/Motel (Hospitality) (T) Commercial Thorou hFdreResidential ,,,, `" Llmd d Ind strfalCore �. g, r Office Office Park �. Open Spec a arks & Re re tipn source: cnwa Vista cls, snNonc i p„'y (�rapetky Qvrmar Name; t Chula Vdsta Gtty 9our1€tiy t) akar �i a 4r , 'Land Developers/ sscid tes, Corp. rr 9utge S#ie PrgOertyCivvherAddrets: Za#rvrrf �llr`I"1IC'C 5959 Cat '60 Ave Ste. 566 � � �r IVui r Vista kiacai%n; ; „- Curdtand �tNts CA� ��3 G Buffer (�CI9 tt � Pt hula CV B ran . E'S1h t =. Hart Rreperedkty,' BuitrtgFbotP n anaye, ud rd i t , arr „ €aat �r Preperatrn: . 5ttr-i9 anW nal a-gin ;' 3! lZ0t a ° Site 1a Rezone Application Chapter 19.84 BAYFRONT SPECIFIC PLAN — LAND USE ZONES Sections 19.84.001 Purpose and scope. 19.84.002 Commercial zones. 19.84.003 Industrial zones. 19.84.004 Public/quasi-public and open space zones. 19.84.005 Residential zones. 19.84.006 Circulation and other designations. 19.84.001 Purpose and scope. The Bayfront Specific Plan provides for the classification of land use and the regulation of devel- opment by land use zoning and parcel. These classifications, zones, are depicted in Exhibit 5, herein. Each zone contains a set of regulations setting forth the allowable uses and standards for development within that district. This chapter provides the development standards relating to land use activities for each zone. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992). 19.84.002 Commercial zones. A. Commercial — Visitor (C -V). 1. Purpose and Intent. The purpose of the commercial — visitor zone is to provide regulations of uses serving the needs of tourists, travelers, and local residents. The regulations of this zone are designed to encourage the provision of transient housing facilities, restaurants, service stations, and other activities providing for the convenience, welfare, or entertain- ment of the traveler. 2. Permitted Uses. The following uses are permitted: a. Hotels and inns; Retail, including: i. Restaurants with a cocktail lounge as an integral part; ii. Art galleries; iii. Stores and retail shops; iv. Parking garages; V. Antique shops; vi. Markets; vii. Restaurants and snack bars; and viii. Any other establishment serving visitors determined to be of the same general character of the above -permitted uses; c. Commercial recreation, including: i. Tennis clubs and facilities; ii. Health clubs; iii. Sports and health classes and clinics; iv. Professional sports facilities; V. Sports medicine facilities; vi. Sports training facilities; vii. Boat rentals and rentals of other water recreational items; City of Chula Vista Bayfront Specific Plan 18 September 2012 Amended on August 11, 2015 Land Developers and Associates Corp. Chula Vista Bayfront 54 of 155 Site la Rezone Application viii. Swimming and diving facilities; and ix. Any other business or facility determined to be of the same general character of the above -permitted uses. 3. Conditionally Permitted Uses. Any of the above -permitted uses whose parking requirement can only be met by shared parking may be permitted subject to approval of a conditional use permit. 4. Prohibited Uses. Any of the above -permitted or conditionally permitted business or activity that produces noise above 60 CNEL at the exterior boundaries of this zone. A.a. Cornmerctal-VisttorLimited (C - VL) 1. Purpose and Intent. 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 Flap and covers Parcel 1-a. 2. Permitted Uses The following uses are permitted: a. Hotels and Inns b. Retail limited to uses located within hotel interior designed to serve guest and other onsite personnel i. Restaurant and Cocktail Service ii. Visitor related Retail iii. Snack Bars City of Chula Vista Bayfront Specific Plan 19 September 2012 Amended on August 11, 2015 Land Developers and Associates Corp. Chula Vista Bayfront 55 of 155 Site la Rezone Application