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HomeMy WebLinkAboutRDA Reso 2002-1805 RESOLUTION NO. 1805 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A) ADOPTING NEGATIVE DECLARATION IS-03-003; (B) GRANTING A PRECISE PLAN (PCM-03-04); AND (C) APPROVING AN OWNER PARTICIPATION AGREEMENT WITH MCMAHON DEVELOPMENT FOR THE DEVELOPMENT OF AN INDUSTRIAL PROJECT THAT INCLUDES APPROXIMATELY 153,000 SQUARE FEET OF OFFICE, MANUFACTURING, AND WAREHOUSE SPACE AT 3441 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA. I. RECITALS A. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of approximately 10.45 acres of land located at 3441 Main Street ("Project Site"). B. Project; Application for Discretionary Approval WHEREAS, on July 16, 2002 a duly verified application for a Precise Plan (PCM 03-04) with request to the Project Site was filed by McMahon Development ("Applicanf') with the Chula Vista Planning and Building Department; and WHEREAS, the project requests a deviation from the Montgomery Specific Plan to allow a construction to occur above the 28 foot height limit prescribed for properties adjacent to residential development, and C. Project Description WHEREAS, said application requests permission to construct an office, manufacturing, and warehouse with approximately 153,000 square feet of space; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study, such study (IS 03-003) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Planning Commission and Design Review Committee Record on Application WHEREAS, the Design Review Committee held an advertised public hearing on the Project on November 4,2002 and voted 4-0-0-1 and the Planning Commission held an advertised public hearing on November 20, 2002 on the Project and voted 4-2-0-1 (2 abstained; 1 absent); and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare Resolution No. 1805 Page 2 and good zoning practice support the Project, and that the approval of Precise Plan PCM-03-04 and granting of said height increase does not adversely affect the order, amenity, or stability of adjacent land uses; and F. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on November 26, 2002 to consider the recommendation of the RCC, Planning Commission, and Design Review Committee regarding the Mitigated Negative Declaration, Precise Plan, and Owner Participation Agreement and to hear public testimony with regard to the same. WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency approving the construction of the industrial project, located at 3441 Main, depicted in Exhib~ A of the Owner Participation Agreement and subject to conditions listed in this resolution. NOW THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their meeting on this project held on and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the Negative Declaration on IS 03-003 has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGEMENT OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA The Redevelopment Agency finds that Negative Declaration on IS-03-003 reflects the independent judgment of the Agency of the City of Chula Vista. V. PRECISE PLAN FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's rules and regulations for the issuance of a Precise Plan, as herein below set forth and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record that permits the stated findings to be made. A. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. Resolution No. 1805 Page 3 The proposed use is not detrimental in light of the surrounding auto dismantlers and other open storage uses in the vicinity. The 28-foot rule governing height limit when adjacent to residential property was an attempt to limit the deleterious effects of dissimilar uses where no side yard setbacks are prescribed and where oftentimes lots are not more than 50' in width. Implicit therefore in the Montgomery Specific Plan is the potential that a higher than 28-foot tall building could be located adjacent to a private residence potentially intruding on the expected privacy of the occupants. The standards for the development of the subject property imposed by the City's zoning ordinance are a more sophisticated inclusive concept that contemplated properties with sufficient area to allow well planned clean industrial development to co-locate adjacent to residential development, and requires a minimum 50 foot setback from any residential property. The project exceeds that standard, with building setbacks of 80 feet for building A, 90 feet for building B, and 79 feet for building C. The potential visual and shadow impacts of these heights on the adjacent residential dwellings is adequately mitigated by the proposed building setbacks. All other development and performance standards are in place. Requirements for mitigation of potential noise impacts are a condition of the approval. B. That such plan satisfies the principle for the application of the P modifying district as set forth in Section 19.56.041. Section 19.56.041 sets out four principles, one of which must be applicable to the proposed project before the Precise Plan modifying district may be applied. Section B goes on to describe, "The property or area to which the P modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise be incompatible". The subject site is zoned Light Industrial, while the adjacent properties are residential. The use of the Precise Plan satisfies the principles of Section 19.56.041. C. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The project is in accord with all of the development standards of the underlying zoning and it is solely the Montgomery Specific Plan that requires the use of the Precise Plan. However consideration of the intent and circumstance of the inception ofthe Montgomery Specific Plan as described in A above provide the necessary warrant for exception. D. That the approval of this plan will conform to the general plan and the adopted policies of the city. The Project is in substantial conformance with the Land Use Element of the City of Chula Vista General Plan, and the Montgomery Specific Plan Land Use Designation of Industrial. The proposed project is Light Industrial, which is a use permitted by the General Plan, the Montgomery Specific Plan, and the Zoning Ordinance. VI. CITY COUNCIUREVELOPMENT AGENCY FINDINGS Resolution No. 1805 Page 4 The City Council and Agency hereby find that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project, and does not adversely affect the order, amenity, or stability of adjacent land uses. BE IT FURTHER RESOLVED THAT THE REDEVELOPMENT AGENCY DOES HEREBY FIND, ORDER, DETERMNE, AND RESOLVES AS FOLLOWS: 1. The proposed project will not have a significant impact on the environment; accordingly Mitigated Negative Declaration IS-03-003 was prepared and is hereby adopted in accordance with CEQA. 2. The proposed project is consistent with the Southwest Redevelopment Plan and shall implement the purpose thereof; the project shall assist with the elimination of blight in the Project Area. 3. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner Participation Agreement with the McMahon Development for the construction of an industrial project at 3441 Main Street, in the form presented and in accordance with plans attached thereto as Exhibit A and subject to conditions listed below. 4. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and McMahon Development. 5. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. VII. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grant Precise Plan PCM-03-04 and approve the project subject to the following conditions whereby the Applicant shall: A. Ensure that the proposal complies with the use outlined in the application and material submitted therewith except as modified below: 1. The site shall be developed and maintained in accordance with the character sketches of typical industrial office, manufacturing and warehouse buildings provided along with the conceptual plans which include site plans, architectural elevations, exterior materials and colors, and landscaping on file in the Planning Division, the conditions contained herein, and Title 19 of the City of Chula Vista Municipal Code. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed and implemented to the satisfaction of the Director of Planning and Building. 3. Revised site plans and building elevations incorporating all Condition of Approval shall be submitted for Director of Planning and Building review and approval prior to the issuance of building permits. Resolution No. 1805 Page 5 4. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code; all other applicable City Ordinances in effect at the time of building permit issuance. 5. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., as well as trash enclosure facilities, shall be located out of public view or adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Planning and Building. 6. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be shielded from view and the sound buffered from adjacent properties and streets as well as from on-site resident views above or across the site as required by the Director of Planning and Building. Such screening shall be arch~ecturally integrated with the building design and constructed to the satisfaction of the Director of Planning and Building. Details shall be on building plans. 7. All gutters, downspouts and vents must be integrated into the roof and wall systems, to ensure that there will be no unattractive appendages to the elevations presented for review and approval by the Director of Planning and Building. 8. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Director of Planning and Building prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Municipal Code regarding graffiti control. 9. The conceptual landscape plans shall be revised and resubmitted for review and approval by the City Landscape Planner. The revision should include the following: add additional planter formation or layering of plants within the screening parking lot planting area along Main Street, Provide accent trees at both driveway entrances. Landscape and irrigation plans (to include a water management plan) shall be reviewed and approved by the City Landscape Planner and brought back to the Design Review Committee prior to the issuance of building permits. 10. The building permit plans shall comply with 2001 Building (UBC), Plumbing (UPC), Mechanical (UMC), and National Electrical Code (NEC). Plans shall also comply with 2001 Title 24 California Code of Regulations energy and disabled access requirements. Show dimensions of separation between buildings and show assumed property lines on building plans. A separate building permit shall be required for signage and lighting. 11. A technical report may be required by the Fire Department at time of building permit plan check depending on specific use of buildings, and additional hydrants may be required at that time. . 12. Complete and sign Recycling and Solid Waste Planning Guide (RSWPG) prior to issuance of building permit. The Detail Site Plan for the enclosure shall incorporate features listed on the RSWPG. Add following to site plan detail for enclosures: flat reinforced concrete pad in front, metal doors independently hinged from masonry walls, slope ratio, 8" curb. Detail Site Plan shall be provided prior to issuance of Building Permits. Resolution 1805 Page 6 13. A grading permit will be required prior to the issuance of a building permit. 14. The Applicant shall comply with the requirements of the Crime Prevention Unit of the Police Department, including the utilization of components that will address access control, surveillance detection, and pOlice response. This shall be done prior to issuance of Certificate of Occupancy and to the satisfaction of the Director of Planning and Building. 15. The Applicant shall submit a parcel map as a requirement of this approval. The map may require additional dedications. A reciprocal parking and access easement, to be reviewed and approved by City staff, will be a requirement of this approval. 16. All requirements of the Public Works Department shall be met prior to issuance of building permits. Applicant shall pay all Engineering Division fees including but not limited to sewer capacity and connections, development impact for public facilities, and traffic signal fees prior to issuance of building permits. 17. A geotechnical investigation/soils study will be required along with the improvement plans to provide information addressing the erosion potential of the site as well as foundation recommendations prior to issuance of building permits. 18. The parking lot design shall be for two-way traffic flow. Show the typical dimensions for aisle width, stall to curb, stall width, and parking stall angle. Appropriate markings and signage shall be added to direct traffic flow at each aisle. The design shall incorporate ADA requirements for parking and accessibility. The parking plan shall be reviewed prior to issuance of building permits. 19. According to the NPDES Permit, Order NO. 2001-01, the project is a priority development project due to its location adjacent to the Otay River Valley, and it is required to comply with the Standard Urban Storm Water Mitigation Plans and numeric sizing criteria of the plan. In addition, the project is required to implement Best Management Practices to prevent pollution of the storm drainage systems, both during and after construction. Adjacent storm drain inlets shall be protected at all times during construction of the new building and improvements. A drainage study will be required along with the improvement plans and include information addressing the measures that will be implemented to reduce storm water runoff to pre-development flow rates at the outlet of the site. The drainage study shall be provided for review prior to issuance of building permits. 20. Identify and clearly label the existing sewer and the proposed sewer lines that will serve the project, and show the connection to the existing sewer line on the required improvement plans to be provided for review prior to the issuance of building permits. 21. While no sensitive species were observed within the proposed project boundaries the City has a Draft Multiple Species Conservation Program (MSCP) Subarea Plan. If the project proceeds under the City's Subarea Plan, the project proponent would have to wait until the City is given "take authority" by the USF&WS and CDFG to remove approximately 400 square feet of Diegan Coastal Sage Scrub. The project would be regulated under the City's Habitat Loss and Incidental Take (HUT) Ordinance, which is currently being prepared. The HUT Ordinance would include provisions to authorize the "take" of Diegan coastal sage scrub. The applicant would be required to obtain a HUT permit from the City. Resolution 1805 Page 7 The HUT will require that the loss of Diegan coastal sage scrub be mitigated and will contain limitations on grading during the gnatcatcher breeding season If the proponent opts to proceed prior to the City receiving "take authority" from USF&WS and CDFG, Applicant shall obtain "take authority" directly from those agencies through a Section 10 (a) or other appropriate permitting process. Prior to issuance of grading permit or final map, the applicant shall: a). The embankment immediately south of the development area if planted, shall only be planted in native sage scrub plant species indigenous to the adjacent Otay River floodplain. b). The adjacent floodplain area immediately south ofthe embankment shall be placed into dedicated biological open space. c.) Project lighting shall not be directed southward into this biological open space habitat. d.) Project construction noise standards shall comply with Item d. (Noise), Priority 1, Draft adjacency guidelines for the Subarea Plan. e.) Obtain a Habitat Loss Incidental Take (HUT) permit from the City of Chula Vista for the Diegan coastal sage scrub. The HUT will require that the loss of Diegan coastal sage scrub be mitigated at a 1: 1 ratio inside the MSCP Preserve or at a 1.5: 1 ratio outside the MSCP preserve. f). Obtain "take" authorization for the Diegan Coastal Sage Scrub from the USF&WS and the CDFG through a Section 10 (a) or other appropriate permitting process. 21. To avoid noise impacts to neighbors, no outdoor public address system shall be permitted. 22. No catering vehicles shall be allowed to provide service on the western side of the proposed buildings. 23. Prior to issuance of a certificate of occupancy noise testing shall be accomplished for activities/operations (indoor and outdoor including trucking operations) associated with all proposed buildings in order to assess the project site development compliance with local municipal regulations related to noise. If testing indicates noncompliance, sound attenuation measures shall be incorporated by the applicanVproperty owner as recommended by the noise report to bring the activities/operation into compliance. 24. Prior to issuance of a grading or building permit, noise control measures for both short term (construction) and long term impacts will be required for the California Gnatcatcher's nesting season and for other riparian songbird species from February 15 to August 15. 25. A landscape plan for the area south of development approved by a qualified biologist shall be submitted to the City of Chula Vista for approval prior to the commencement of construction. The plan shall include non-invasive vegetation that: Does not require permanent irrigation, and is compatible with the coastal sage scrub habitat south of the development area. All landscaping shall be in place prior to the end of construction. Resolution 1805 Page 8 26. The applicant shall contact the local water district to determine the additional demand and alteration to the existing water systems for domestic and/or fire protection purposes. In addition, irrigation plans may need to be designed to reclaimed water standards and specifications. All fees and deposits shall be provided at the building permit stage. 27. Standard school fees developments shall be paid prior to the issuance of building permits. Contact the Sweetwater Union High School District and the Chula Vista Elementary School District. 28. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source that the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 29. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 30. Applicant shall comply with all conditions and provisions of Mitigated Negative Declaration IS-03-003 and the Mitigation Monitoring Report. IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the Recorder's Office of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the Secretary to the Redevelopment Agency shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Redevelopment Agency. ~. ~wnerdCGI UC- . { ,~ Signature of Representative of McMahon Development Group, Inc. 5/03/1;3 Daté o/IJ/t>~. Déte X. INDEMINIFICATION/HOLD HARMLESS Applicant/operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City/Agency, its members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims, costs, including court costs and attorney's fees (collectively, "liabilities") incurred by the City/Agency arising, directly or indirectly, from (a) City's/Agency's approval and Resolution 1805 Page 9 issuance of this Precise Plan and Owner Participation Agreement, (b) City'slAgency's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. ApplicanUoperator shall acknowledge their agreement to this provision by executing the Agreement ofthis Precise Plan and Owner Participation Agreement where indicated. Applicant'sloperator's compliance with this provision is an express condition of this Precise Plan and OWner Participation Agreement and this provision shall be binding on any and all Applicant's/operator's successors and assigns. XI. NOTICE OF DETERMINATION The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ~k/rt-IM Ann / . Moore Git9' Attorney Lau ie Madigan Co munity Development Director BE IT FURTHER RESOLVED that the Mayor/Chair is hereby authorized to execute said Agreement for and on behalf of the Redevelopment Agency and the City of Chula Vista. Presented by Approved as to form by rie Madigan ctor of Community Development Resolution 1805 Page 10 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CAUFORNIA this 26th day of November, 2002 by the following vote: AYES: NOES: ABSENT: Members Davis, Rindone, Salas, Mayor Horton, and Chair Padilla None None ABSTENTIONS: None ~q?d/- Chairman ATTEST: ~¿p~r David D. Rowfands, Jr., Executive Director and City Manager STATE OF CAUFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, David D. Rowlands, Jr., Executive Director to the Redevelopment Agency of the C~ of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1805 and that the same has not been amended or repealed. Dated: November 26, 2002 Jk,-/ ~_j2JLdoú David D. Rowfands, Jr., Executive Director