HomeMy WebLinkAboutOrd 2018-3441ORDINANCE NO. 3441
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 (LCP) 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 1a; 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, 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 Property, 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
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Ordinance No. 3441
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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 Environmental 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 5-0-0-2, 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 December 5, 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:
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Ordinance No. 3441
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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
was covered in previously adopted Environmental 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. 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 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.
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.
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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 manner 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
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.
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Ordinance No. 3441
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of October 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3441 had its first reading at a regular meeting held on the 5th day of December 2017
and its second reading and adoption at a regular meeting of said City Council held on the 16th day of
October 2018; and was duly published in summary form in accordance with the requirements of state
law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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10/23/2018
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Chula Vista Bayfront Local Coastal PlanChula Vista, California
Attachment 1
LCP Planning Area
0 1,900 3,800 5,700 7,600950Feet
City of Chula Vista
LCP Planning Area
Land Use PlanThis map is for illustrative purposes only and does not provide precise design details.
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Site a Rezone Application
(OS)
(PQ)
Allowed Density:
120,000 sq,ft.
44' Maximum Height
Existing zone(CP)
Commercial
Professional
4 .816 Acres
( )
(CVBMP)
RV Park
Campground
(PQ)
(UC-15)
Mixed Use
Transi t Focus Area
Zoning
Property Owner Name.
SOurecr Chula Vista GIS
Chula Vista City Boundary
Existing
Location·
Chula Vista Bayfront. E Street
and Bay Boulevard
Land Developers Associates, Corp
Property Owner Address.
5950 Canoga Ave., Ste 500
Woodland Hills, CA 91367
Plan Prepared by
lSubject Site N
Zoning W E
Buffer 1000 It S
Building Footprint
PRM Consulting 0 250 500
APN.
565-310-09
565-310 25
Date of Preparation.
31212017
---===:::i Feet
(UC-19)
Park
Open Space
Public &
Quasi Public
(UC-14)
Residential
Urban Core
. SANOAG
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Site a Rezone Application
(XI I":'I [
0
L
(0$)
Maximum D ensity:
(per the CVBMP)
120.000 sq ft.
44' Maximum Height
Proposed Zoning:
Commercial Visitor
Limited
{Hotel Only)
4.816 Acres
(R3)
s1denf
High
(UC-19)
Park
Open Space
Public &
Quasi Public
(UC-16)
Commercial
Commercial
Visitor
( )
(CVBMP)
RV Park
Campground
Restaurant "'l
I
(PO) • '
Hotel/Motel
(H'ospitality)
(UC-15)
Mixed Use
Transit FocusArea
(UC-14)
Residential
Urban Core
Zoning
Property Owner Name
Source Chutl Vista GIS SANOAG
Chula Vista City Boundary
Land Developers Associates .Corp. Subject Site
Proposed
Location.
Chula Vista Bayfront, E Street
and Bay Boulevard
Property Owner Address
5950 Canoga Ave.. Ste 500
Woodland Hiiis,CA 91367
Plan Prepared by·
PRM Consulbng
....
0
Zoning
Buffer 1000 It
Building Footprint 250 500
APN:
565-310-09
565-310-25
Date of Preparabon.
31212017 ---====i Feet
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Site a Rezone Application
Chapter 19.8 4
BAYFRONT SPECIFIC PLAN - LAND USE ZONES
Sections
19.84.001 Purpose and scope.
19.84.002 Commerci al zones .
19.84.003 Industrial zones .
19.84 .004 Public/quasi-public and open space zones .
19.84 .005 Residential zones .
19.84.006 C irculation and other designations.
19.84.00 1 Purpose and scope.
The Bayfront Specifi c Plan provides for the c lassification of land use and t he 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. 8), 2012 ; Ord . 2613 , 1994 ; Ord . 2532, 1992).
19.84.2 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 fac ilities, 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;
b. 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. Commerci al recreation , including:
i. Tennis clubs and facilities ;
ii. Health clubs ;
iii. Sports and health classes and clinics;
iv . Professional sports faci lities;
v. Sports medicine facilities ;
vi. Sports training faci lities;
vii. Boat rentals and rentals of other water recreational items :
City of Chula Vista
Bayfront Specific Plan
September 2012
Amended on August 11, 2015
18
Land Developers and Associates Corp. Chula Vista Bayfront
54 of 155
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September 2012
Amended on August 11,2015
City of Chula Vista
Bayfront Specific Plan
19
Chula Vista Bayfront
Site la Rezone Application
55of 155 Land Developers and Associa tes Corp.
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.
d. Commercial-Visitor Limited (C-VL)
1. Purpose and Intent. The C-VL land use des ignation 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 withi n the main hotel structure . The
location is illustrated on the Land Use Map 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
3. Conditionally Permitted Uses. A ny of the above-permitted uses whose park ing 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.
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