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HomeMy WebLinkAboutPlanning Comm Reports/1992/01/08 (3) Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 1 3. PUBLIC HEARING: GPA 91-04. PCZ 91-F. City-initiated proposal to amend the General Plan from "Research and Limited Manufacturing" to "Retail Commercial". to amend the Montgomery Specific Plan from "Research and Limited Industrial" and "Other" to "Mercantile & Office Commercial". and to rezone from I-L-P to C-C- P certain 3 acre territory located south of Palomar Street between Broadway and the MTDB Palomar Trolley Station. The urecise boundary of the proposed amendments and rezoning are deDicted in Exhibits A. B and C. A. BACKGROUND The subject City-initiated General Plan Amendment, Montgomery Specific Plan Amendment, and Rezone for 3 acres located on the southerly side of Palomar Street between Broadway and Industrial Boulevard are required actions for implementation of an expanded 18.2 acre Palomar Trolley Center commercial project pursuant to City Council/Redevelopment Agency direction in August 1990. Pacific Scene, Inc. originally processed plans for development of a 12.2-acre commercial center known as the Palomar Trolley Center project. The project is located south of Palomar Street between Broadway and the MTDB Palomar Trolley Station. The project included a General Plan Amendment/Specific Plan Amendment to redesignate the 12.2-acre site from "Research & Limited Industrial" to "Mercantile & Office Commercial" and rezoning of the site from "M52" to "C-C-P". The preliminary plan (Exhibit D) proposed development of a community shopping center consisting of 128,387 gross square-feet of building space. The center was planned to include a major supermarket, retail shops, and 5 pads to accommodate drive-through commercial uses such as restaurants, banks and other financial institutions. An Environmental Impact Report (EIR) and an addendum to the EIR were prepared for the original project. On August 28, 1990, the City Council approved the General Plan Amendment/Specific Plan Amendment and rezone to designate the l2.2-acre site for commercial use on the condition that Pacific Scene agree to restrain itself from pursuing the 12.2 acre center while Pacific Scene and the Redevelopment Agency pursue an expanded center encompassing 18.2 acres. The expanded project was desired to provide a comprehensive development plan for the area and to provide additional sales tax and tax increment generation. On August 28, 1990, the City Council and the Redevelopment Agency entered into an agreement with Pacific Scene to pursue an expanded plan incorporating additional property located to the south and the east. The expanded project allowed for Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 2 negotiation and analysis that would lead to an Owner Participation Agreement for an approximately 18.2-acre commercial, rather than the originalI2.2-acre center. As part of the expanded project, the City has initiated the following plan amendments and rezoning: I. A General Plan Amendment to redesignate three acres from "Research and Limited Manufacturing" to "Retail Commercial" (Exhibit A). 2. An amendment to the Montgomery Specific Plan to redesignate three acres of the site from "Research & Limited Industrial" and "Other" to "Mercantile & Office Commercial (Exhibit B). 3. A zone change for three acres from I-L-P to C-C-P (Exhibit C). The remaining three acres of the expanded project are currently zoned and designated for commercial use and therefore do not require any plan amendments or zone changes. A Final Environmental Impact Report (FEIR) has been prepared in compliance with CEQA and the Environmental Review Procedures of the City of Chula Vista to analyze the potential environmental impacts associated with the expanded 18.2 acre project. The FEIR is discussed in detail in a separate staff report. On June 4, 1991, the Redevelopment Agency entered into a Semi-Exclusive Negotiating Agreement (SENA) with Pacific Scene for the expanded project which supersedes the August 28, 1990 agreement. The SENA extended the Vesting of Rights of the 12.2 acre project for three years until June 4, 1994. Future discretionary actions which will also be required to implement the expanded project include: 1. A Development and Disposition Agreement (DDA) or Owner Participation Agreement (OPA) for development of the project in conjunction with the Redevelopment Agency. 2. Design Review for the project's compliance with current design standards and the design concept guidelines developed for the project. 3. Street vacations for two unnamed "paper" streets within and adjacent to the project. 4. Possible tentative maps for the subdivision of the property for sale, lease or financing. Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 3 B. RECOMMENDATION I. Certify that Final EIR (EIR-91-02) for the Palomar Trolley Center has been prepared in compliance with CEQA and the Environmental Review Procedures of the City of Chula Vista and that the information contained in the EIR has been reviewed and considered. 2. Adopt a motion recommending that the City Council adopt the CEQA findings. 3. Adopt a motion recommending that the City Council adopt a resolution to amend the General Plan by redesignating the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial". 4. Adopt a motion recommending that the City Council adopt a resolution to amend the Montgomery Specific Plan by redesignating the 3 acres depicted in Exhibit B from "Research and Limited Industrial" and "Other" to "Mercantile and Office Commercial" . 5. Adopt a motion recommending that the City Council adopt an ordinance to change the zone classification from I-L-P to C-C-P for the 3 acres depicted in Exhibit C, including adoption of the supplemental findings for application of "P" modifier. C. BOARDS/COMMISSIONS RECOMMENDATIONS On December 16, the Southwest Project Area Committee voted 3-1-1 to recommend that the Montgomery Planning Committee approve the General Plan Amendment, and voted 4-1 to recommend that the Montgomery Planning Committee approve the Montgomery Specific Plan Amendment and the zone change. On December 16, 1991, the Montgomery Planning Committee voted 4-1-1 to deny the General Plan Amendment, the Montgomery Specific Plan Amendment, and the zone change. Because the Planning Committee did not certify the Final Environmental Impact Report, the Committee could not vote to approve the project. D. DISCUSSION I. Existing site characteristics The project site is generally rectangular in shape, relatively flat with a slight slope to the south and southwest, and contains approximately 3 acres. Existing Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 4 structures on the project site include a landscape contractors storage yard, four residences and a church. The 3 acre site is located south of the originalI2.2-acre proj ect. The original 12.2 acre project site is vacant and has been used for vegetable farming until recently. Existing structures on the remaining 3 acres of the expanded project located at the corner of Palomar Street and Broadway include a 7-11 store and gas station, a laundromat, a restaurant, and an RVltrailer repair shop. The 18.2 acre expanded project site is bounded by Palomar Street on the north, the MTDB right-of-way to the west, Broadway to the east, and the SDG&E right-of-way to the south. 2. Adiacent General Plan designations The Plan diagram of the Montgomery Specific Plan (Exhibit B) designates the project site as Research & Limited Industrial. The designations adjacent to the l8.2-acre site are as follows: North: South: East: West: Retail Commercial/Mercantile & Office Commercial Parks & Open Space Mercantile & Office Commercial Institutional (Trolley station) 3. Adiacent zoning and land use (Exhibit C) North: South: East: West: 4. Design C-C-P Retail Commercial S94 SDG&E Right-of-way C-C-P Retail Commercial S94 SDG&E Right-of-way/Trolley Station Final site plans and elevations have not been completed because the major tenant sites have not been established yet. However, a conceptual site plan (Exhibit E) has been developed which identifies the general location of the building pads, parking, internal circulation, and access points, as well as establishing a maximum development of 198,200 square feet of building space and 991 parking spaces (5 spaces per 1,000 square feet of building space). In addition, three potential site plans (Exhibits F, G and H) have been produced to illustrate specific site plans which could result depending on the size and needs of the major tenants. Pursuant to the SENA, the project may be developed in 2 phases, with Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 5 the westerly 15 acres comprising Phase I, and the easterly 3 acres comprising Phase II, as depicted in Exhibit 1. A substantial amount of time has been spent identifying, analyzing and clarifying design related issues. A design guideline booklet has been developed to define the project's architecture and parameters for development of the specific site plan once the major tenant sites are identified. The design guidelines will be revised when the major tenants are established and a specific site plan is completed. Major design issues which have been discussed include providing a strong pedestrian link to the trolley station, access, landscaping along Palomar Street, Broadway and within the parking area, and providing features to break up the linearity of the site and building. 5. Tenancy The Semi-Exclusive Negotiating Agreement stipulates that the project be a high retail sales tax generating commercial shopping center. The Redevelopment Agency has the right to approve 65 % of the floor area users for their potential to generate annual taxable sales level of $150 per square foot. Pacific Scene, through the commercial real estate firm of Flocke and A voyer, has been soliciting tenants who would benefit the project and satisfy the City/Agency desire for high sales tax generators. Pacific Scene has requested and received Redevelopment Agency approval of MegaFoods warehouse grocery store and Ross Stores as two of the anchor tenants for the center. 6. Acquisition of Expansion Parcels and Tenant Selection Under the Semi-Exclusive Negotiating Agreement between the Redevelopment Agency and Pacific Scene, Pacific Scene is charged with the task of attempting to purchase all parcels and tenant ownerships within the expanded project area. To date, Pacific Scene has made progress and is nearing agreement with some property owners in the expanded project area. Contact has been made with all tenants and property owners on the site, both for notification of Owner Participation Rights as required under community development law and to ascertain their willingness to sell their property to Pacific Scene. It is anticipated that these acquisitions will take place over the next eight to ten months and that relocations will begin within the next year, unless the project is developed in two phases. Relocation issues will have to be addressed jointly by Pacific Scene and Redevelopment Agency staff. Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 6 7. Amenities The Semi-Exclusive Negotiating Agreement requires the expanded project to either include or seriously consider several community serving uses: These include: (a) an on-site daycare center; (b) a traffic circulation loop which links the MTDB station, the Trolley Center, and Jayken Way; (c) a linear park with bike and pedestrian paths in the SDG&E right-of-way; (d) a high volume entertainment center and (e) a community center. A discussion of each of these amenities is provided below: a. On-Site Daycare Center The Semi-Exclusive Negotiating Agreement requires Pacific Scene to construct a daycare center at their sole cost on land adjacent to the trolley station which is leased or owned by MTDB. This requirement applies only if an appropriate site is tendered to Pacific Scene by MTDB and a qualified operator can be retained. Pacific Scene and MTDB have explored the feasibility of an on-site or adjacent daycare center. Due to the potential health hazards from electromagnetic radiation from the high tension lines crossing the MTDB property, MTDB would not be comfortable with such a use. As an alternative, Pacific Scene has made substantial progress in identifying a daycare site across from the Palomar Trolley Station at the corner of Industrial Boulevard and Ada Street. It is anticipated that a 3,000 to 6,000 square foot daycare center, suitable for serving approximately 75 children per day, will be constructed as part of a small housing development at the corner of Ada Street and Industrial Boulevard. Pacific Scene has identified a daycare operator that is interested in providing the daycare service. Pacific Scene is facilitating development of the daycare center with the property owner. b. Traffic Circulation LoOD The expanded plan agreement calls for study of a traffic circulation loop which would link the MTDB trolley station, the project, and Jayken Way. The intention of this provision was to accommodate traffic flow between the trolley station and the center, and to provide alternative northbound travel from the industrial park on the south through the project to Palomar Street and Interstate 5. Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 7 Bus and auto circulation designs between the trolley station and the project are being developed for the project, the exact design of which will be addressed further in the process. However, at this point it appears that it would be undesirable to connect a traffic circulation loop for the project with Jayken Way for the following reasons: I. The industrial park to the south, served by Jayken Way, does not generate heavy traffic. The northbound traffic from the park can be accommodated by the existing road system. 2. Connecting Jayken Way to Palomar Street would necessitate either taking traffic through the middle of the commercial center or carrying it parallel within a significant section of the SDG&E right-of-way to the trolley station. Neither design is desirable. Taking Jayken Way through the commercial center would split the center in a fashion which would be detrimental to the design of the center and would create a dangerous interface of pedestrians and vehicles. Running Jayken Way in an east/west parallel direction within the SDG&E right-of-way would be unacceptable to SDG&E, which desires to have perpendicular road crossings of its right-of-ways, and might be in conflict with SDG&E's future plans for upgrading the load capacity of the transmission structures in its right-of-way. The conceptual plans generated by Pacific Scene do provide for a service road along the outside of the project running parallel to the SDG&E right-of-way. c. Linear Park The Semi-Exclusive Negotiating Agreement calls for Pacific Scene to make a good faith effort to provide a linear park in the SDG&E right-of- way to the south of the project, with bike and pedestrian trails. Pacific Scene's architect, James Leary & Associates, has developed a preliminary design for a 35-foot-wide linear park including a pedestrian and bike path and low maintenance, drought resistant landscaping. Pacific Scene has willingly pursued development of such a park with SDG&E and City staff. However, there are two major issues associated with developing the linear park at the present time. First, the health effects of electro-magnetic radiation (EMR) have not yet been defined. The EIR for the project Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 8 concludes that exposure to EMR may be above ambient levels and could represent a potential health risk, and therefore recommends delaying construction of the park until after the studies being prepared by the federal Environmental Protection Agency study are completed and definitive conclusions are available. Second, the SDG&E right-of-way is designated as open space/special study area and SDG&E is working with the City to have the special study completed. The special study will reevaluate the land use designations for the SDG&E corridor through the Montgomery community, taking into account land use compatibility, park and open space needs of the Montgomery Community, and environmental concerns. The ultimate use of this property will not be known until the completion of the special study for the SDG&E corridor, which will occur subsequent to consideration of the Palomar Trolley Center project for approval. Consequently, it is City staffs opinion that development of a linear park as part of the Palomar Trolley Center project is premature. d. High Volume Entertainment Center The Semi-Exclusive Negotiating Agreement calls for Pacific Scene to make a good faith effort to include a high volume entertainment center in the project if parking is available in the SDG&E right-of-way. Initial Pacific Scene conceptual site plans included a 48,000 square foot bowling alley in the center, supported by 200 parking spaces in the SDG&E right- of-way. However, Brunswick Lanes has now completed its new bowling facility in the Rancho del Rey Industrial Park and is no longer interested in the project site. Other bowling alley companies are not as strong financially and are now deterred by the presence of the Brunswick Lanes facility in Rancho del Rey. A multiplex theater has also been contemplated, again with parking in the right-of-way. However, none of the main theater operators are interested in the project because of the number of existing and proposed theaters in the vicinity. A lO-plex theater will be included as part of the Chula Vista Mall Expansion. A relocation site for the roller rink has already been identified on "L" Street. A major problem associated with an entertainment use is that lenders are unwilling to finance shopping centers with a major entertainment use that ties up parking spaces for a long period of time while not contributing to the synergism of the shopping center. Staff is also concerned about two issues related to an entertainment use on-site: loss of taxable sales square footage and availability of parking. The narrow configuration of the project site makes it difficult to provide Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 9 optimum space for large volume retailers needing 50,000 to 100,000 square feet and ample convenient parking. This necessitates siting such uses at the west end of the project where the property depth is greatest. An entertainment center would have similar site needs and would therefore significantly diminish opportunities to place large volume tenants, while yielding substantially less sales tax revenue to the City. The good faith effort to provide an entertainment center is predicated on obtaining parking to serve it in the SDG&E right-of-way. Two problems are associated with providing parking in the SDG&E right-of-way. First the parking license with SDG&E is subject to 6O-day cancellation unilaterally by SDG&E at any time, the result of which would be an under-parked commercial center. Second, the inclusion of commercial parking in the SDG&E right-of-way would be inconsistent with the Montgomery Specific Plan which designates the right-of-way as open space and would probably obviate any future usefulness of the right-of- way as public park. As an alternative, including the entertainment center parking in the center proper would further erode the available square footage for retail sales uses. Because of the parking and financing problems, it is unlikely that an entertainment use will be included in the center. e. Orange and 4th Library Site It has been preliminarily proposed that in lieu of providing other amenities, the developer would make some contribution to the development of an amphitheater or community performance center that may be located adjacent to the library at 4th and Orange. This alternative contribution by the developer is currently being investigated by City staff. "' E. ANALYSIS Several factors support the plan amendments and rezoning described above: I. The subject property is immediately surrounded by commercially designated property to the north and west, and existing commercial development to east. In addition, commercial development also exists in the surrounding area north of Palomar Street and east of Broadway. The SDG&E right-of-way located south of the project serves as a buffer between the industrial uses on the south side of Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 10 the right-of-way. Consequently, the proposed redesignation and rezoning are compatible with the surrounding land uses in the area. 2. The proposed plan amendments and rezoning are City-initiated actions pursuant to direction by the City Council and Redevelopment Agency in August 1990 to provide for an expanded 18.2-acre commercial center, in lieu of the approved 12.2-acre commercial center originally proposed by Pacific Scene. The proposed redesignation and rezoning are required and desired to provide for a comprehensively planned development of the southwestern corner of intersection of Palomar Street and Broadway. Without the proposed actions, a 3-acre island of industrial and institutional uses lacking street frontage would exist surrounded by commercial development to the north, west and east. The additional 3 acres located south of the approved 12.2-acre commercial center provide additional depth which is needed to accommodate larger tenants capable of producing higher sales tax and tax increment generation. 3. The proposed plan amendments and rezoning are required and desired for redevelopment of the property as part of a comprehensively planned commercial center which will implement the City's redevelopment plans for this portion of the Southwest Project Area. In addition to the physical and aesthetic revitalization of the area, the project will also provide revenue to the City through additional sales tax and tax increment generation. These funds will augment the City's general fund and will help finance redevelopment efforts within the Southwest Project Area. 4. An Environmental Impact Report was prepared for the proposed plan amendments, rezoning, and expanded 18 acre project. No significant, unmitigable impacts were identified with implementation of the expanded 18.2 acre project. The EIR analysis of the City of Chula Vista's Threshold/Standards Policy concludes that with implementation of identified mitigation measures, the proposed project will satisfy all of the City's Threshold/Standards Policies. Chula Vista Planning Commission Agenda Item for Meeting of January 8, 1992 Page 11 AITACHMENT I SUPPLEMENTAL FINDINGS FOR APPLICATION OF "P" MODIFIER Pursuant to Zoning Ordinance Section 1956.041, the "P" modifying district is applied based on the following: I. 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 prove incompatible. The SDG&E right-of-way to the south is zoned S94 and the surrounding commercial property to the north, west and east is zoned with a "P" modifier. The precise plan requirement for the subject 3 acres will ensure that the parcels are subject to the same design review as the surrounding property and that the project is compatible with the S94 zone to the south. 2. The area to which the "p" modifying district is applied consists of two or more properties under separate ownership wherein coordination regarding access, on- site circulation, site planning, building design and identification is necessary to enhance the public convenience, health, safety and general welfare. The subject property and the surrounding property to the north, west and east included within the 18.2-acre expanded Palomar Trolley Center project are under 10 different ownerships. The "p" modifier will require design review of future site plan(s) to ensure conformance with the design concept guideline booklet outlining the design objectives for the 18-acre expanded project. ..... . . . . . . ...... . . ...... ..... .... I . . . . . ..... . . ...... ...... . . ...... ..... . . . . . . . PROJECT SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residential I . . . I Low-Medium ~ Medium-High ~ GPA 91-04 o Retail Industrial ~ Research and Umited ~ Manufacturing TS Transit Station/Stop Commercial CHANGE FROM "RESEARCH AND LMTED MANlFACTURt4G" to "RETAL COMMERCIAL" GENERAL PLAN .&. NO SCALE. EXHIBIT A PALOMAI'! " . , '" .... <. o , . / / / STI'!EET / , / / / / , ~ LOW-MED. DENS. RES.(3-6 du/ac) m MED. DENS. RES.(6-11 du/ac) . MED. HIGH DENS. RES.(11-18 du/ae) CHANGE FROM "RESEARCH & LMTED INDUSTRIAL" AND 'OTHER" TO "MERCANTLE & OFFICE ~ HIGH DENS. RES.(18-27 dU/Be) COMMERcIAL" . MERCANTILE & OFF. COMM. r:J AREA TO BE CHANGED MONTGOMERY SPECIFIC PLAN D THUROUGHFARE COMM. ~ [I]..... I.: ~J. 100 200 .:;:;::::::::: RETAIL COMM. _ PARKS & OPEN _ SPACE 0 400 ~ INDUSTRIAL GPA 91-04 EXHIBIT B ~ -..- \\.-~ R2P L___ I , , , , -- - - - R3- \.. - r t MARSAT ~ IL.P M P r.- -2 - W :0: >- <t ~ ----"- , I I - ---, I 1 I PCZ-91-F N . EXHIBIT C EXISTI'IG GENERAL PLAN DESIGNATION: RESEARCH . 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