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Home My WebLink AboutRDA Packet 2004/09/21 ~ ~ ft.. :-._~ ~--=-~ cnv Of CHUlA VISfA TUESDAY, SEPTEMBER 21, 2004 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) ADJOURNED MEETING OF THE REDEVELOPMENT AGENCYI CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the fOllowing item(s) listed under the Consent Calendar wjU be enacted by the Council/Agency by one motion without discussion unless an Council/Agency member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by the public will be the first items of business. 1 . RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT - In 1993, the City of Chula Vista Redevelopment Agency adopted a Disposition and Development Agreement for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City during the first 15 years of operations. The auto dealer incentives are based on a formula contained in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2003 and are due an incentive payment. 4/5THS VOTE REQUIRED STAFF RECOMMENDATION: It is recommended that the City of Chula Vista Redevelopment Agency adopt the resolution appropriating $23,465 from the unappropriated balance of the merged project area for the purpose of an incentive payment due to People's Chevrolet. 2. ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06) FROM LIMITED INDUSTRIAL TO CENTRAL COMMERCIAL FOR 4501 MAIN STREET & YACOEL PROPERTIES, LLC. (SECOND READING) The applicant, Yacoel Properties, LLC, requested a General Plan Amendment, Zone Change and Design Review to allow the development of a retail commercial shopping center on the south side of Main Street and the east side of Interstate 805. The proposed shopping center consists of five retail tenants and two restaurant pads, totaling approximately 189,000 square feet on a site of approximately 17.2 acres. On August 24, 2004, the Council adopted a resolution approving the General Plan Amendment, and the Redevelopment Agency adopted a resolution approving the Design Review. The Council also placed the ordinance on first reading to approve the Zone Change (PZC-03-06) from limited industrial to central commercial. (Director of Community Development) (Ordinance was first introduced on August 24, 2004.) STAFF RECOMMENDATION: City Council adopt the Ordinance. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (lS-03-034) AND AMENDING THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRCISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS. (SECOND READING) The applicant, Carlos Madrazo, requested a zone change in order to rezone a 1.2-acre parcel located at 1030/1 034 Broadway to Central Commercial to allow a mixed-use project that includes 30 condominium units and 5,000 office building reductions in setbacks and allowance for 4 shared parking spaces. (Director of Planning and Building) (Ordinance was first introduced on August 3, 2004.) STAFF RECOMMENDATION: City Council adopt the Ordinance. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to Redevelopment Agency, September 21, 2004 Page 2 . - the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. OTHER BUSINESS 4. DIRECTOR'S REPORT 5. CHAIR REPORT 6. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a regular meeting of the Redevelopment Agency on October 5, 2004, at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in compiying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691·5047 or Telecommunications Devices for the Deaf (TOO) at (6191 585.5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, September 21, 2004 Page 3 ITEM NO.: I MEETING DATE: - 9/21 /04 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITioN AND DEVELOPMENT AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES Œ]NO D BACKGROUND In 1993, theCi1y of Chula Vista Redevelopment Agency (Agency) adopted a Disposition and Development Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the Ci1y during the first 15 years of operations. The auto dealer incentives are based on a formula contained in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2003 and are due an incentive payment. RECOMMENDATION It is recommended that the Ci1y of Chula Vista Redevelopment Agency adopt the resolution appropriating $23,465 from the unappropriated balance of the merged project area for the purpose of an incentive payment due to People's Chevrolet. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Recognizing that only three dealerships were operating during the period, the calculations for the 2003 auto dealer incentive is based on "37.5-percent of sales tax receipts exceeding the threshold" basis dictated by the DDA.The calculations have been reviewed by the Office of Budget and Analysis and Ci1y . Attorney's Office. The total incentive owed to People's Chevrolet at this time is $23,465. The dealership has exceeded the agreed-upon base sales limit for five of the first seven years of the agreement and, with the action, the Redevelopment Agency will be current in its obligation per the DDA. FISCAL IMPACT A total of $23,465 will be appropriated from the merged project area and paid to People's Chevrolet. J:\COMMDEV\STAFF.REP\2004\09-21 -04\Peoplo's Chevrolet Incon6vo 2004 - AGENCY. doc /, --, -.-. ...- RESOLUTION NO. - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF A INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, in 1993, the City of Chula Vista Redevelopment Agency ("Agency") adopted a Disposition and Development Agreement ("DDA") for the Chula Vista Auto Park Phase 1, including a provision for an "incentive payment" to auto dealers for each of the first six years after the Auto Park was open for business; and WHEREAS, the DDA also provided for an annual "post-incentive paymenf' for the next nine years after the first six; and WHEREAS, it has been seven years since the Auto Park opened; and WHEREAS, the DDA requires the Agency to pay the post-incentive payment to auto dealers if certain sale tax. receipt thresholds are exceeded; and WHEREAS, the calculation for the incentive, recognizing that three dealerships were operating during the period, is based on a formula found in the DDA that is roughly equal to 37.5 percent multiplied by the difference between the dealership's sales tax receipts and one-quarter (y..) of a base sales tax figure which is specified in the DDA and adjusted upwards annually; and WHEREAS, although the method of calculation of the incentive and post-incentive payments are based upon sales tax received by the City of Chula Vista ("City"), the method does not constitute a commitment by the City or Agency of sales tax proceeds; and WHEREAS, People's Chevrolet exceeded the sales tax receipt threshold in Fiscal Year 2003. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby appropriate $23,465 from the available balance of the Merged Project Area for the purpose of an incentive payment due to People's Chevrolet. PRESENTED BY APPROVED AS TO FORM BY .D~(. ~4. Laurie Madigan Ann Moore Director of Community Development Agency Attomey J:\COMMDEVlRESOSIPeople's Chevrolet Incentive 03 doc f-d.- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHULA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06) FROM LIMITED INDUSTRIAL TO CENTRAL COMMERCIAL FOR 4501 MAIN STREET (YACOEL PROPERTIES, llC). I. Recitals. A. Project Site WHEREAS, the property, which is the subject of this Ordinance, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 4501 Main Street, Chula Vista (Project Site); and B. Project Application WHEREAS, on June 27, 2003 a duly verified application for a zone change was filed with the City of Chula Vista by Yacoel Properties, LlC (Applicant); and C. Project Description WHEREAS, Applicant requests a zone change from Limited Industrial to Central Commercial to develop a retail commercial shopping center (Project); and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held a duly noticed public hearing to consider said application on August 18, 2004; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended that the City Council adopt Zone Change (PCZ-03-06); and WHEREAS, the proceedings and all evidence introduced on this application before the Planning Commission at their public hearing held on August 18, 2004, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council on August 24, 2004 on the application and to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. F. Environmental Determination WHEREAS, the City Council is relying on the previously certified Environmental Impact Report (EIR-04-03), which has been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. II. The City Council does hereby ordain as follows: The City Council does hereby adopt Zone Change (PCZ-03-06), finding that the proposed zone is consistent with the proposed General Plan Amendment (GPA-03-11) and the :1--1 Ordinance No. Page 2 adopted Redevelopment Plan for the Merged Project Area, and that the public necessity, conveniences, general welfare, and good zoning practice supports its approval and implementation. III. Invalidity; Automatic Revocation. It is the intention of the City Council that its adoption of this Ordinance 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 Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. Adoption of this Ordinance (Second Reading) is conditioned upon the approval by the City Council of General Plan Amendment (GPA-03-11). V. This ordinance shall take effect and be in full force on the thirtieth day from Second Reading, which shall occur as stated above. Presented by Approved as to form by Laurie Madigan Community Development Director :J--l- - EXHIBIT A CHULA VISTA CROSSINGS - (GPA·03·11), (PCZ·03-06, (ORC·03-87) - , (tI) , I "'" I - OJ:¡) OJ:) ! """8 i i .... I "'" CI I co i , , i I!! ~ ~ I!! z N ~ W*E S 0 1000 2000 3000 4000 Feet , , 1-3 - - ORDINANCE NO. ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (IS- 03-034) AND AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL lOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS I. RECITALS A. Proiect Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of one ocre located at 1030/1034 Broadway ("Project Site or Site"); and B. Project; Application for Discretionory Approvol WHEREAS, on July 25, 2003, a Rezone opplication wos filed by Carlos Madrazo ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted Zoning mop or maps established by Section 19.18.010 of the Chula Vista Municipol Code in order to rezone a 1 .2-acre parcel located at 1030/1034 Broadway from CTP, Thoroughfare Commercial/Precise Pion to CCP, Central Commercial/Precise Plan with precise plan standards that would allow a mixed-use project thot includes 30 condominium units and 5,000 office building reductions in setbacks and allowance for 4 shared parking spaces ("Project"); and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on May 17,2004, ot 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue ond, after hearing staff presentation and public testimony, voted 3-0-1 -1 to recommend that the City Council approve the Proiect, in accordance with the findings listed below; ond WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, and after hearing staff presentotion and public testimony, voted 7-0 to recommend that the City Council adopt the Mitigated Negative Declaration (IS-03-034) and approve the Rezone and Precise Plan in accordance with the findings listed below; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time ond place for 0 hearing on soid Project, and notice of said hearing, together with its purpose, was given by its publication in a 3-1 "_.. - Ordinance No. - Page 2 newspaper of general circulation in the City, and its mailing ta property owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after h~aring staff presentation and public testimony, voted 7-0 to recommend that the City CounCIl approve the Mitigated Negative Declaration, Rezone and Precise Plan, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 16, 2004, and the minutes and resolution resulting there from, ore hereby incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Council held on advertised public hearing on the Project on July 20, 2004, at 6:00 p.m. in the City Council Chombers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the City Council voted 5-0 to adopt and approve the Mitigated Negative Declaration (15-03-034), Rezone and Precise Plan in accordance with the findings listed below; ond WHEREAS, the City Clerk set the time and place for the hearing on the Proiect applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and F. Discretionary Approval of Ordinance WHEREAS, a duly coiled and noticed public hearing on the Rezone ond Precise Plan was held before the City Council of the City of Chula Vista to receive the recommendations of the Plonning Commission, and to hear public testimony with regard to the some. II. The City Council of the City Chula Vista does hereby ordain as follows: A. Certification of Compliance with Califomia Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed proiect for compliance with the Califomia Environmental Quality Act ond has determined that the proposed proiect was odequately covered in Mitigated Negative Declaration (15-03-034). The City Council has reviewed and considered Negative Declaration (15-03-034) and finds that no further environmental review or documentation is necessary. B. Independent Judgment of the City Council The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Progrc:rm (15-03-034) in the form presented have been prepared in accordance with the requirements of the Califomia Environmental Quality Act (CEQA) , the 5tate CEQA -3 - 1.. -.., - Ordinance No. -- ~age 3 Guidelines and the Environmental Review Procedures of the City of Chula Vista, ond hereby adopts the Mitigated Negotive Decloration and Mitigation Monitoring ond Reporting Program (15-03-034). C. Precise Plan findings l. That such use will not under the circumstances of the particulor case be detrimental to the health, sofety or general welfore of per.;ons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed precise plan stondards will not have a negative impact on the surrounding neighborhood. While such standards allow the necessary flexibility to create a project which is more urban and pedestrian oriented, they also insure that a mixed use project will maintain the continuity of the surrounding existing commercial and residentiol devebpment. Such standords will olso allow the necessary flexibility in development standards necessary to minimize the mass or structures, as visible from surrounding areas, by providing room for odequate open space/courtyord areas be1ween buildings on-site. 2. That such plan satisfies the principle for application of the ·P" modifying district as setforth in OIMC 19.56.04l. Section 19.56.041 (C) provides for the application of the ·P" modifying district if the basic or underlying zone regulation does not allow the property owner and/or city appropriate control or flexibility needed to achieve on efficient and proper relationship among the uses allowed in the adjacent zone. Because the project is surrounded by a combination of existing commercial and residential uses, one of the criteria used to determine the preferred design of the project has been to insure that the commercial portion of the project was situated adjacent to commercial uses and the residential portion was most od¡acent to existing residential uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose ond application of the Precise Plan. Development of the lot using the development standards of the CC and R3 zone would limit the ability of the applicant to propose 0 design which a) meets the goal of providing an urban, pedestrian oriented design ond b) configure the plocement of the office and residential uses on the site in a way that provides a natural extension of the established separation on adjacent parcels be1ween commercial and residential land uses and also provides for additional open space and pedestrian walkways be1ween buildings in order to reduce the bulky appearance of the mixed use project. The requested deviations under the precise plan are warranted in order to achieve these goals. 3-3 . - - Ordinance No. - Page 4 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chopter 10, Section 5.9 of the General Plan relative to mixed-use development along Broodway. The Precise Plan, as described, will allow the project to be consistent with the goals and objectives of the General Pion, Southwest Redevelopment Area Plan and the Chula Vista Municipal Code. D. The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendment to the Municipal Code. E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site os depicted in Exhibit "B" from CTP (Thoroughfare Commercial, Precise Plan) to CCP (Central Commercial, Precise Plan). F. The Precise Plan Stondards as depicted in Exhibit "C" are hereby adopted and are supported by the required findings (O/MC Section 19.56.041, as outlined in section U(q above. III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its odoption. Presented by Approved os to form by Do..-- c. l-\.~·Fo"" James D. Sandoval Ann Moore Plonning and Building Director City Attomey :3-4 - - EXHIBIT A ---,'.'. \~ ...- \ .\ .\ '. \ ¡ \ \ . '.' \ .', \ \ \ \ '." . c:,1 \----. \ \ ' i~O(\O - \ ~', ' ___ þ.I ---'. ''- ------- . --------. .---. --- --- -------- \ , \.. "\': .:: \ ' , ,. , \' \ \ \ ~ ~\ . . c:.¡' , \/c:.:=....\ " \ .,,;jJ:, PocrTroe ~ AJ:artments ~ " " . \ "oÞ , , '-" i \ .\ \5-\ : Costco \ ""¡ Waf-Mort / /< LOCATOR 3-b EXHIBIT B . . " '., " .;3-? EXHIBIT C PRECISE PLAN STANDARDS Modified CC/R3 Distrid Standards PARKING Shared Parking allowonce: The on-site parking requirement in this precise plan areo shall be reduced by four (4) parking spaces. These four spaces will be considered ushared parkingU with four of the required office/commerciol parking spaces. Said four spaces must be in a location availoble for guests of the residentiol units during off-peok hours for accompanying businesses. Compact Parking Spoces: The maximum amount of compact parking spoces is 21 % of total required parking spoces (instead of 10%). SETBACKS Office/Commercial: Front Yard: 3 feet (single story arcade) 8 feet (two story building) Residential: Side Yard: If Adjacent to Commercial 5 lh feet if Adjacent to R- 1 10 feet Rear Yard: For Building 1 5 feet For Balcony 13 feet 3-7 .- -