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PCS 2016-0007
RESOLUTION MPA15-0022/PCS16-0007 RESOLUTION MPA15-0022/PCS16-0007 OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022 AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; APPROVE THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN MPA15-0022 AND RELATED REZONING ACTIONS; AND APPROVE TENTATIVE SUBDIVISION MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK WHEREAS, the area of land which is the subject of this Resolution is shown on Exhibit "A," attached hereto and incorporated into this Resolution by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west(Site); and WHEREAS, the Site is located within the Main Street Corridor which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park(ORBP); and WHEREAS, on December 13, 2005 an update to the City's General Plan was approved which provides a contemporary vision for the Main Street District as one of five "Areas of Change" within Southwest Chula Vista. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses; and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for Specific Plan MPA15-0022 which would allow for the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are currently not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for a Tentative Subdivision Map (TM) to subdivide the 53-acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the "Project"); and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the adoption of a specific plan or other zoning regulations to implement the land uses to provide for and enhance a strong business district along Main Street that can be balanced between meeting Resolution No. MPA15-0022/PCS16-0007 January 24,2018 Page 2 the community's economic needs and establishing a strong open space connection with the nearby neighborhoods; and WHEREAS, City staff and the Applicant determined that, given the characteristics and conditions of the Site, its current zoning limitations and the characteristics and requirements of the proposed Project, the best tool to implement the General Plan vision and goals would be the preparation and adoption of a specific plan for the Site; and WHEREAS, the ORBP SP will serve as the tool to direct and guide the development of the Main Street District toward the General Plan visions and goals by directly regulating land uses and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City's General Plan is established in Chula Vista Municipal Code (CVMC) Chapter 19.06 and California Govenunent Code 65860; and WHEREAS, the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Govermnent Code Section 65451; and WHEREAS, Chapters 4, 5 and 6 of the ORBP SP contain the Land Use and Development Regulations, Design Guidelines, and Infrastructure and Public Facilities, respectively, and provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted Initial Study IS 15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS 15- 0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and Resolution No.MPA 15-0022/PCS 16-0007 January 24,2018 Page 3 WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30-day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public cormnent period, the City received comments on the Draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and 15088, all comments received were responded to in writing; and WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed ORBP SP, Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Govermnent Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Plamzing Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, recommends that the City Council approve Final MND (15-0005) and to the extent that Final MND (15-0005) concludes that the proposed mitigation measures outlined in the MND are feasible and have not been modified, superseded or withdrawn, that the City Council hereby bind the City of Chula Vista to cause the implementation of said mitigation measures and that the adopted mitigation measures contained within the MMRP, a copy of which is on file in the office of the City Clerk, be expressed as conditions of Project approval. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein recommends that the City Council find and resolve that the ORBP SP has been prepared pursuant to Chula Vista Municipal Code Chapter 19.07 and Government Code Sections 65450-65457. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, having reviewed and considered the inforination in the Public Hearing reconnnends that the City Council find and resolve that pursuant to Government Code Sections 65854 - 65855 the ORBP SP is consistent with the 2005 General Plan as supported by the Public Hearing Draft ORBP SP Resolution No.MPA15-0022/PCS 16-0007 January 24,2018 Page 4 (MPA15-0022) and analysis including attachments to the staff report to the Planning Commission. BE IT FURTHER RESOLVED that the Plamiing Commission of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft ORBP SP (MPA15- 0022), Draft and Final MND (IS15-0005), and all reports, evidence and testimony presented at the Public Hearing recommends that the City Council find and determine that the ORBP SP meets Chula Vista Municipal Code Chapter 19.80, as the ORBP SP requires subsequent new development to provide adequate public services and facilities commensurate with their impact. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council adopt an ordinance amending the zoning map and approving the ORBP SP (MPA15-0022) including the zoning regulations contained in the ORBP SP (MPA15-0022), specifically Chapter 4, which will thereby replace the existing Municipal Code zoning classifications for the properties within the Specific Plan Area (Exhibit "B" of this resolution) and will introduce new zoning classifications for the Otay River Business Park which provide consistency between the 2005 General Plan and zoning as required by CVMC 19.06.030. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council approve TM (PCS16-0007) subject to the Findings contained in City Council Resolution and subject to the Conditions of Approval incorporated therein and on file in the Office of the City Clerk. Exhibit A—Locator Map Pres ted Approved as to forin by: Kelly Broughton, FLSA , Glet- 111- d`©gir Director of Development Services i` City A Signature page continues on next page Resolution No. MPA 15-0022/PCS 16-0007 January 24,2018 Page 5 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of January, 2018 by the following vote, to-wit: AYES: Anaya, Burroughs, Calvo, Gutierrez, Milburn, Zaker NOES: N/A ABSENT: Nava ABSTAIN: N/A �' rabe Gutierrez, Chair ATT ST: " d° .. Patricia Laughlin Board Secretary ANITA ST El El 000 H [r=ED MONTGOMERY ELEMENTARY SCHOOL -n �T 0 M M Cn 0 >< ==AFIL 8 MAIN ST ULA VISTA CITY OF SAN DIEGO PROJECT . ........ LOCATION LOCATOR NORTH MPA1 5-0022 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT Otay River Business Park PROJECT DESCRIPTION: APPLICANT Specific Plan MAJOR PLANNING APPLICATION PROJECT SWC of Main St&Fourth Av Project Summary: Proposal for mass grading plan Associated infrastructure(new ADDRESS: roads,utilities,and improvements)are included,but structures are not proposed at SCALE: FILE NUMBER: this time. NORTH No Scale MPA15-0022 Related cases:IS-15-0005 04 j:\planning\pubfic notices\dr\mpa150022 WO.ai