HomeMy WebLinkAboutRDA Packet 1994/11/22
Tuesday, November 22, 1994 Council Chambers
6:00 p.m. Public Services Building
(immediately following the City Council meetin )
S ecial Joiut eeti of the Redevelo ment A enc /Cit Council
of the Citv of Chula Vista
CALL TO ORDER
I. ROLL CALL: Agency/Council Members Fox -' Horton -' Moore -,
Rindoue -' and Chairman/Mayor Nader -'
2. APPROVAL OF MINUTES: None Submitted.
BUSINESS
3.
4. ORDINANCE 2613 A NDING THE CERTIFIED CHULA VISTA LOCAL COASTAL
P OGRAM AND BA YFRONT SPECIFIC PLAN IN ACCORDANCE
W TH AMENDMENT #12 RECLASSIFYING 31.63 ACRES OF THE
AND PARCEL", SUBAREA 4 FROM "INDUSTRIAL-GENERAL"
T A COMMERCIAL THOROUGHFARE LAND USE DISTRICT
S CT TO CENTRAL COMMERCIAL WITH PRECISE PLAN
M DIFYING DISTRICT PURSUANT TO SECTIONS 19.36 AND 19.56
0 THE CHULA VISTA MUNICIPAL CODE (Second Readinl! and
A tion)--Staff recommends Council place the ordinance on second reading
an adoption.
[and]
5. ORDINANCE 2614 A NDING THE ZONING MAP ESTABLISHED BY SECTION
19 18.010 OF THE CHULA VISTA MUNICIPAL CODE TO REZONE
31 63 ACRES LOCATED AT THE TERMINUS OF NORTH FIFTH
A NUE FROM I-L-P (LIMITED INDUSTRIAL-PRECISE PLAN) TO
C- -P (CENTRAL COMMERCIAL-PRECISE PLAN) !Second Readinl!
an Ado tion)--Staff recommends Council place the ordinance on second
re ding and adoption.
_H
Agency -2- November 22, 1994
ORAL COMMUNICATIONS
This is an opportunity for the general ubUc 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 ction on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, lease complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and sub it it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to spe ,please give your name and address for record purposes and follow up
action. Your time is limited to three inutes per speaker.
OTHER BUSINESS
6. DIRECTOR'S/CITY MANAG R'S REPORT S
7. CHAIRMAN' SIMA YOR'S
8.
ADJOURNMENT
The meeting will adjourn to the Regu r Redevelopment Agency Meeting on Tuesday, December 6, 1994 at 4:00
p.m., immediately following the City ouncil meeting, in the City Council Chambers.
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COMPLIANCE TH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in c plying with the Americans With Disabilities Act (ADA), request
individuals who require special commodations to access, attend, and/or participate in a City meeting,
activity, or service request such ccommodation at least forty-eight hours in advance for meetings and
five days for scheduled service and activities. Please contact the Secretary to the Redevelopment
Agency for specific information t (619) 691-5047 or Telecommunications Devices for the Deaf (TDD)
at (619) 585-5647. California elay Service is also available for the hearing impaired.
[C:IWP51 IAGENCYIAGENDASI11-22-94.A ]
1fS
JOINT CI COUNCIL/REDEVELOPMENT AGENCY //-.2.:J - '1'1
AGENDA STATEMENT . Item~ ~~~f
Meeting Date 1 ~ ~rr1';.¡ . ~
.. I Ii
ITEM TITLE: PUBLIC HEARl G: Joint Public Hearing of the City Council and
Redevelopment Agency regarding a 31.63 acre site of vacant land located
south of State oute 54 (SR-54) between Broadway Avenue (National City
Boulevard) and Fifth Avenue within the boundaries of the Town Centre 1/
Redevelopment Project Area. The Joint Public Hearing will consider the
fol/owing:
1. Review and ertification of Final Environmental Impact Report (EIR 94-02),
Addendum to he FEIR (EIR 94-02A), Rndings of Feasible Mitigation Measures,
Mitigation an Monitoring Program, and Statement of Overriding Considerations
for a propose 220,000 sq. ft. commercial retail shopping center to be anchored
by a "Wal-Ma "store; and
2. General Plan mendment (GPA 94-04) for the project site to change the General
Plan designati n from "Research and limited Manufacturing" to "Commercial
Thoroughfare" and
3. Local Coastal rogram Amendment (LCPA #12) for the project site (the "Inland
Parcel") to ch ge the land use designation for both the Bayfront land Use Plan
and the Bayf ont Specific Plan from "Industrial General" to "Commercial
Thoroughfare" subject to the "Central Commercial" zoning designation criteria of
the Chula Vist Municipal Code; and
4. Zoning Map A endment (PCZ-94-C) for the project site to change the zoning
designatioo fr m "limited Industrial - Precise Plan Modifier" to "Central
Commercial - recise Plan Modifier"; and
5. Coastal Develo ment Permit (#068) for construction of the Channelside Shopping
Center consisti g of approximately 220,000 sq. ft. of commercial-retail floor area
anchored by a Wal-Mart" store at the project site.
JOINT
AGENCY
RESOLUTION 1430 Certifying the Final Environmental Impact Report (EIR 94-02) and
COUNCIL Adopting ddendum EIR 94-02,<\ for the Channelside Shopping Center
RESOLUTION 17705 Project; aking Certain Findings of Fact Relating to the Feasibility of
Mitigatio Measures and Project Alternatives; Adopting a Mitigation
Monitorin and Reporting Program; and Adopting a Statement of
Overridin Considerations
COUNCIL: RESOLUT ON 17706 Amending the General Plan land-use
designati n for the 31.63 acre Channelside project site located at the
terminus of North Fifth Avenue from "Research and Limited
Manufact ring" to "Commercial-Thoroughfare"
COUNCIL: ORDINAN E 2613 of the City Council of the City of Chula
Vista Am nding the Certified Chula Vista Local Coastal Program and
Baytront Specific Plan in Accordance with Amendment #12
Reclassif ng 31.63 Acres of the "Inland Parcel", Subarea 4 from
"Industrial General" to "Commercial-Thoroughfare" Subject to the
"Central- ommercial-Precise Plan" (C"C-P) Modifying District Pursuant
to Chapte s 19.36 and 19.56 of the Chura Vista Municipal Code
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COUNCil: ORDINA CE 2614 of the City Council of the City of Chula
Vista A ending the Zoning Map Established by Section 19.18.010 of
the Chul Vista Municipal Code to Rezone' the 31.63 Acre Project Site
located t the Terminus of North Fifth Avenue from "Industrial-Limited
with Pr cise Plan Modifier" (I-L-P) to "Central-Commercial-Precise
Plan" (C CoP)
COUNCil: ION 17707 Authorizing the Issuance of Coastal
ent Permit #068 for the Construction of the Channelside
Center Located at Southeast Quadrant of National City
(Broadway) and State Route 54 Subject to Conditions of
AGENCY: RESOLU ION 1431 Approving the Channelside Shopping Center
Project a d Precise Plan, Subject to Specific Project Conditions; and
Declarin that Certain Conditions Precedent to Effectiveness as Set
Forth in he Disposition and Development Agreement Between the
Redevelo ment Agency, Chula Vista Town Center Associates, and
Wal-Mar Stores, Inc., Have Been Satisfied
SUBMITTED BY: Comm~ '" D'~[Opm"~t" r.- S.
Planning irector
REVIEWED BY: City Man ger~ ~
~ (4/5ths Vote: Yes - No ~I
Council Referral No. ....!:ll.!:1-
BACKGROUND:
In December 1993, the City Cou cil and Redevelopment Agency approved a Semi-Exclusive
Negotiating and Covenants Ag eement (SENA) with Gatlin Development Company and
National Avenue Assoociates. T e SENA granted staff the authority to negotiate a Disposition
and Development Agreement (D AI to provide for the development of a commercial retail
center for the vacant 31.63 acre site located at the northwest Quadrant of Fifth Avenue and
C Street just south of State Rcu 54 in the Town Centre 1/ Redevelopment Project Area. In
August 1994, the Council and gency approved the DDA contingent upon approval of all
discretionary land-use approvals by the City Council and Redevelopment Agency.
Concurrent with the 'negotiation relevant to the DDA, the developer agreed to fund and
proceed with the processing 0 the Environmental Impact Report and all of the above-
referenced discretionary approva . The "kickoff" for the EIR was February 1, 1994, with the
entire project receiving expediti us processing through a team oriented "Project Manager"
system with the Community Dev lopment Department as the lead department. Additionally,
the Agency approved a Memora um of Understanding (MOU) with the City of National City
in order to help facilitate coope ation between the two jurisdictions on the processing of
separate, but related, projects. he "National City Marketplace" project is proposed to be
developed on the existing Dixieli e property immediately to the east of the project site. The
"cooperation" centered upon fac litating similar, but not identical, architectural design,
landscaping and shared responsi ilities with respect to traffic improvements. The site plan
for the combined project is inclu ed as Attachment 1 for your information.
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As identified above, this item re uests that the City Council and Redevelopment Agency hold
a public hearing, deliberate, an take action for each of the required discretionary approvals.
Since all of the items are being presented to the Council and Agency for their consideration
at one time, the consideration 0 each item must follow in the order outlined. Please see the
"Recommendation" section bel w for a complete explanation.
RECOMMENDATION:
It is recommended that, in a ordance with the instructions and incremental sequence
recommended by the City Atto ney (set forth below) the City Council and Redevelopment
Agency (1) open the public h aring for all public hearing agenda items; (2) receive and
consider the staff reports an public testimony with respect to each such item; (3)
incrementally close the publi the hearing with respect to each such item; and (4)
incrementally, in their joint or r spective capacities, as appropriate, approve and adopt the
following resolutions and ordin nces in the order presented:
1. Agency Resolution # 1 0 and Council Resolution # 17705 which 1) certifies
Environmental Impact Re ort #94-02 and addendum thereto, 2) makes Findings of Fact
on the feasibility of mitig tion measures and project alternatives, and 3) Adopts the
Mitigation Monitoring nd Reporting Program and Statement of Overriding
Considerations
2. Council Resolution # 177 6 which amends the General Plan land-use designation for
the project site from Research and Limited Manufacturing" to "Commercial-
Thoroughfare"
3. Council Ordinance # 261 which amends the Certified Chula Vista Local Coastal
Program with Amendmen #12 reclassifying the land-use designation for the "Inland
Parcel", Subarea 4, (the project site), from "Industrial General" to "Commercial-
Thoroughfare" subject to he "Central-Commercial-Precise Plan" modifying district
4. Council Ordinance # 261 which amends the Zoning Map designation and rezones the
project site from "Limited ndustrial with Precise Plan Modifier" to "Central Commercial
with Precise Plan Modifie"
5. Council Resolution # 17 07 which authorizes the issuance Coastal Development
Permit #068 for construct n of the Channelside Shopping Center subject to Conditions
of Approval
6. Agency Resolution # 143 which approves the project and the project Precise Plan
(subject to specific projec conditions) and declares that certain conditions precedent
to effectiveness in the Disposition and Development Agreement between the
Redevelopment Agency, hula Vista Town Center Associates, and Wal-Mart Stores,
Inc., have been satisfied
The City Attorney has recomm nded the above-described "incremental" appr.oval of the
resolutions and ordinances pres nted herein in order to assure (1) that all necessary CECA
analysis has been completed an the Final EIR certified prior to any Council/Agency action on
discretionary project approvals; nd (2) that all discretionary project approvals, which must
be obtained in order to permit he proper consideration and approval of other dependent
discretionary project approvals, re considered and approved in the proper sequence. Such
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Meeting Date ~~j~1jj:~
careful and ordered considerati n of these items is believed to be warranted because of the
prospects of a legal challenge t the project.
In order to facilitate the conduc of this incremental public hearing and approval process, the
City Attorney will distribute a outline of the steps necessary in order to implement this
approach.
BOARDS/COMMISSIONS REC MENDATION:
1. The Design Review Co mittee reviewed and approved (4-0) the Design Review
Application on July 25, 1994. (Minutes included as Attachment 2) The DRC
recommended project co ditions are included in Section VI of this report.
2. The Resource Conserv recommended the certification of the
Environmental Impact July 25, 1994. (Minutes included as
Attachment 3)
3. The Planning Commission nanimously approved (5-0-2) the Final Environmental Impact
Report, Mitigation Moni oring and Reporting Program, Statement of Overriding
Considerations, General Ian Amendment, Local Coastal Program Amendment and
Rezone unanimously on ptember 28, 1994. (Minotes included as Attachment 4)
4. The Town Centre Project rea Committee, unanimously, recommended approval of the
General Plan Amendmen Rezone, and Local Coastal Program Amendment at their
meeting of October 6, 19 4. (Minutes included as Attachment 5)
DISCUSSION:
The proposed project consists f an approximate 129,000 sq. ft. "Wal-Mart" store with
another 52,600 sq. ft. major ret iler, a 6,500 sq. ft. restaurant pad, and an additional 1 0,790
square feet of specialty retail sh ps. Major access points are from Fifth Avenue on the south,
a bridge crossing from Broadwa on the west side, and from Fourth Avenue through a 30 foot
easement access road across th southern Dixieline property line to the east. This project has
generally been concurrently pro ssed with an adjacent commercial retail shopping center on
the "Oixieline" property in the c y of National City.
The "body" of this report provid s an analysis for each of the discretionary approvals in the
required chronological order. All supporting documents are referenced and attached for your
review and information.
I. CERTIFICATION - FINAL EN
A. BACKGROUND
National Avenue Associates, in p rtnership with Gatlin Development is proposing to construct
an approximately 220,000 squa e foot shopping center on a 31.63 acre site at the northern
terminus of Fifth Avenue, bord red by SR 54 to the north and Broadway/National City
Boulevard to the west. The pro osed development would create a regional shopping center
with a 149,289 square foot anc or store (including the 20,000 sq. ft. future expansion), a
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Meeting Date~
52,640 square foot co-anchor, 10,790 square feet of additional retail space and a 6,500
square foot pad proposed for r ail/restaurant.
Various projects have been pre iously proposed for portions of the project site, including a
golf range/sports center, and an industrialloffice development. The site is currently
undeveloped but has been gr ded. The portion of the site proposed for grading and
development (approximately 22 acres of the 31.63 acre site has been disturbed by previous
grading activities.
,..
An addendum to the Final EIR h been prepared to address the Disposition and Development
Agreement (DDA) that has bee conditionally approved by the Agency for the project. The
conclusions of the Addendum a e that no additional significant environmental effects would
result from satisfaction of the"C nditions to Effectiveness. of the DDA. This Addendum was
not submitted to the Planning ommission in their review of the project. However, an
information memorandum has b en sent to the Commission and discussion of the DDA was
undertaken at the Planning Com ision public hearing for the project held on September 28,
1994.
1. Public Comment
As a result of circulation of the otice of Preparation, three comment letters were received.
Letters from both the Chula Vist Elementary School District and the Sweetwater Union High
School District requested full miti ation for school impacts from the project. Additionally, Cal-
Trans submitted suggestions re arding the scope of the traffic study.
Nine letters of comment were r ceived as a result of the publio review period which began
June 16, 1994 and ended Augu t 10, 1994. Those comment letters and responses to each
comment have been included as a part of the Final ErR.
An informal public forum was h Id in the Council Chambers on June 30, 1994, in order to
present the proposed project an solicit input. The Draft EIR was presented at the meeting,
at which two members of the p blic were in attendance.
As stated previously, the Resour Conservation Commission considered the Draft ErR on July
25, 1994. The RCC voted 4 - 1 to recommend its certification. Member Myers dissented
because of concern over the ad ition of more commercial property. (Minutes included as
Attachment 3).
The Planning Commission consid red the Final EIR on September 28, 1994 and voted 5-0-2
to recommend its certification ( inutes included as Attachment 4). The complete report to
the Planning Commission whic includes the analysis provided below, is included as
Attachment 6.
B. ANALYSIS
The following is a summary analy is for each of the potential environmental impacts evaluated
as part of the project. Should ad itional information be required, please refer to Section 4 of
the Final EIR which was provide to the Council under separate cover.
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Meeting DatI! 1/~~~7:
1. land Use Impact Summary: Significant. itigab e
Impact: Project impacts t coastal salt marsh would be inconsistent with the Local
Coastal Program nd impacts to the Chula Vista Greenbelt designation are
considered signifi ant.
Mitigation: Impacts to coast a salt marsh are mitigated through revegetation at a ratio of
3:1. Impacts to the Greenbelt would be mitigated through provision of
enhanced landsc jog on the project's northern border.
2. Aesthetics Impact Summary: less than Significant
3. Air Quality Impact Summary: Significant. Not Mitigable
Impact: Vehicle emissions ontribute to the regional (cumulative) air quality impact; short
term construction mpacts.
Mitigation: Construction imp ts are mitigated through implementation of dust control
measures and pro er use of emission control on construction equipment.
4.. 'Noise Impact Summary: less than Significant
5. Fiscal/Economic Impact Summary: Beneficial Impact
6. BioloQicaf Resources Impact Summary: Significant. Mitigable
Impact: Impacts to .06 acr of unvegetated drainage channel and .15 acre of coastal salt
marsh
Mitigation: Revegetation on si at a ratio of 3:1. to the satisfaction ofthe U.S. Army Corps
of Engineers, U. S.. Fish and Wildlife Service and the California Department of
Fish and Game.
7. Public Services and Utilities Impact Summary: Significant. Mitigable
a. Fire - No significant impa t.
b. Police - No significant im ct.
c. Schools - Potentially signi icant impact mitigated through negotiated agreement with
the developer.
Ii) The Final EIR state that current State-mandated school impact fee is adequate
mitigation for the enroll me t impacts that would be caused by the project. The school
districts disagreed with thi conclusion and had indicated that State-mandated fees are
not adequate in lieu of the r current capital cost per student. To offset this imbalance,
the developer had agreed 0 provide mitigation beyond the State-mandated fees in the
form of offering one reloca able classroom per district. That mitigation has been agreed
upon by the school distric s. ~(p
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d. Sewer - No significant i
pact. /{-)..').-?i
e. Water - No significant i pact.
f. Parks and Recreation - N significant impact.
8. Traffic Circulation Impact Summary: Significant, Mitigable
Impacts:
a. Project traffic would sig ificantly impact offsite roadway intersections including 4th
Avenue/Brisbane Street nd 5th Avenue/C Street.
b. Project traffic would incr mentally contribute, in conjunction with buildout of the City
General Plan, to signific nt impacts to the left turn at SR-54 westbound offramp at
Highland and to Broadw and E Street.
Mitigation:
a. The project applicant shal/ signalize the intersections of 4th Avenue/Brisbane Street and
5th Avenue/C Street.
b. Improvements to the SR- 4 westbound offramp at Highland and at Broadway and E
Street will be undertake by the City and/or Caltrans when the level of Service
warrants.
9. Geoloav Impact Summary: Significant, Mitigable
Impact Significant impact have been identified for soil suitability, seismic hazards and
liquefaction
Mitigation The applicant is re uired to conduct a surcharge operation that will compress
soils to a suitable ate for construction to reduce soil and liquefaction hazards
to less than signifi ant levels. Structural design to resist seismic impacts is
required.
10. HvdroloavlWater Qualitv Impact Summary: Significant. Mitigable
Impact Drainage facility capacities and introduction of urban pollutants and
sedimentation hav been identified as potentially significant impacts.
Mitigation Demonstration tha the drainage facilities can convey the appropriate flow levels
and installation of ater quality protection devices is required.
C. Al TERNA TIVES
CEQA requires a description of range of "reasonable alternatives to the project, or to the
location of the project which cou d feasibly attain the basic objectives of the project", and to
evaluate the comparative merit of the alternatives. The discussion of alternatives "shall
focus on alternatives capable of liminating any significant adverse effects or reducing them
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to a level of insignificance, e en if these alternatives would impede to some deg ee the
attainment of project objective, or would be more costly."
The following discussion prese ts a brief summary of each alternative analyzed in the Draft
EIR.
1. "No Proiect" Alternative
No changes to land use would (¡cur under the No Project Alternative, and project objectives
would not be met.
2. "Approved Use" Alternative
This alternative would leave the site as is, with its present designation and ability to develop
as industrial uses. Impacts wo Id be reduced with this alternative, however, air quality and
noise would remain significant nd not mitigable. The project objectives would not be met
with this alternative, but it h s been determined to be the "environmentally superior"
alternative. due to a reduction in ignificant impacts (though not to a level below significance).
Development of 146,877 squar feet of commercial floor area would occur, rather than the
219,219 as proposed by the pr 'ect. Generally. impacts would be reduced, though the not-
mitigable impacts to air qualit would remain. This alternative would meet the project
objectives, however, to a lesser degree than the proposed project.
4. Alternative Sites
Three alternative sites were ev uated in order to determine whether another site might be
environmentally superior. Gene ally. similar impacts or scale of impacts would occur with
each of these, and project object es may not be met due to the non-viability of the respective
market areas.
D. CONCLUSION
In summary, the proposed Chann Iside Shopping Center project would result in significant and
. unmitigated impacts to air Qualit . Otherwise, all significant impacts can be reduced to a level
below significant. Project alte natives resulted in the same impact summary (with the
exception of the "No Project" alte native), though the existing General Plan alternative reduced
impacts resulting in its identifica ion as the "environmentally superior" alternative.
II. GENERAL PLAN AMENDMEN
A. BACKGROUND
National Avenue Associates requ sted an amendment to the Chula Vista General Plan for the
31.63 acre project site. The reQ est consists of an amendment of the Land Use Diagram of
the General Plan from "Research nd limited Manufacturing" to "Commercial Thoroughfare."
The proposed General Plan Amen ment is necessary to enable the development of a 220,000
sq. ft. retail shopping center, wh ch includes Wal-Mart as the major tenant. An amendment
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to the Town Centre 1/ Redevel pment Plan is not necessary since the redevelopment plan
defers to the General Plan, and a tomatical/y incorporates any changes thereof. The complete
report to the Planning Commis ion (that also includes the analysis on the rezoning request)
is included as Attachment 6.
B. DISCUSSION
1. ExistinQ Site Characteristics
The subject site is located in th; northern portion of the city bounded by Fifth Avenue on the
east, Broadway (National City B vd.) on the west, State Route 54 (SR-54) on the north, and
the northerly line of the industri I development to the south. The site consists of a total of
31.63 acres, is presently va ant, and contains approximately 10 acres of sensitive
undeveloped open space. An e isting unimproved storm drain traverses the property from
east to west, discharging into a recharge area of the existing Sweetwater River. The river
recharge area extends from the SR-54 right-of-way, south along the westerly edge of the
property, where it then crosses nder Broadway. The site currently has direct access to an
extension of Fifth Avenue and ill have access to Broadway from the west via a future
bridge/crossing and from North ourth Avenue to the east via a 30 ft. access easement along
the southern edge of the existin Dixieline Lumber Company site.
South "I-LoP" Limited Light industrial
Industrial subject to warehousing
Precise Plan
East Research and Limit d C.V.* "I-LoP" Light industrial
Manufacturing Industrial warehousing
subject to
Precise Plan
N.C.* "CG-PD" lumber yard
General (future retail comm.)
Commercial-
Planned
Development
West Research and Limit d N.C.* "CH-CZ" Light
Manufacturing Heavy industriallcommercial
Commercial- and open space
Coastal Zone
* C.V. - Chula Vista / N.C. National City
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3. Pro osed General Plan Ame dment
The proposed amendment to e General Plan for 31.63 acres involves a change in the
General Plan land Use Diagra designation for the subject site from "Research & Limited
Manufacturing" to "Commercial Thoroughfare." The land Use Diagram also depicts the Chula
Vista "Greenbelt" traversing ea t/west along the northerly edge of the project site, as well as
along the westerly edge of the ite. The "Greenbelt" is described in the General Plan as a
"continuous 28-mile open spac and park system around the city" linked by a trail system.
The proposed General Plan a ~ndment from "Research and limited Manufacturing" to
"Commercial Thoroughfare" doe not propose to modify the "Greenbelt" designation currently
depicted on the land Use Diag am. A relatively narrow strip of developed "Research and
limited Manufacturing" design ted property will continue to front on Fifth 'Avenue and
between existing major retail ar as to the east and the project site.
C. ANALYSIS
Future development of the light i dustrialland uses at this location wil/ be constrained by the
relatively small size of the devel pment area, the high visual exposure of the area to adjacent
major roadways, and the tra ition of adjacent areas to commercial. Existing retail
commercial property is located t the east, at the northwest quadrant of North Fourth Avenue
and C Street, and the City of Na ional City has plans to develop the existing Dixieline lumber
Company site into a retail com ercial center. Access to the project site will occur via a 30
ft. wide easement across the Di ieline site.
Development of the project site s retail commercial would continue a transition of the area
from light industrial uses to co mercial uses and would serve as an advantageous location
for the proposed retail center, due to its location, access to major thoroughfares and
adjacency to State Route 54. T redesignation and rezoning would allow the area to evolve
and encourage its present direct on of commercialization in an orderly and planned manner.
Additionally, the proposed amen ment would foster the economic and physical revitalization
of the Central Chula Vista Com unity and urban core of the City.
Application ofthe "Po (Precise PI" n) Modifying District to the property and the requisite review
by the Design Review Committe of a Precise Plan is deemed necessary in order to assure
compatibility of a variety of diffe ent land uses in the area, and implementation of the Chula
Vista "Greenbelt." The propo ed interlinking trail system envisioned as part of the
"Greenbelt" will occur on the Ie ee of the Sweetwater Flood Control Channel. north of the
project site; however a visual pen space buffer will be pursued with development and
redevelopment of properties al ng the southern edge of SR-54, consistent with the
"Greenbelt" designation. A Preci e Plan guideline calling for a 15ft. to 25 ft. wide landscape
buffer is being' proposed as a roject condition as part of the action proposed with the
Redevelopment Agency resolutio . Additional/y, the proposed project preserves significant
open space within the Sweetw ter River recharge area along the westerly edge of the
property, consistent with the "G eenbelt" designation.
II/. l CAl COASTAL PROGRA
A. BACKGROUND
The following amendment (Am #12) to the certified Chula Vista local Coastal
Program (lCP) is proposed: "/0
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Amendmènt #12 entails changl g the land use designation of 31.63 acres of undeve oped
property located in Sub Area ,the Inland Parcel, from Industrial General to Commercial
Thoroughfare subject to the Ce tral Commercial zoning criteria with a Precise Plan Modifying
District. Both the land Use PIa and the Bayfront Specific Plan wil/ need to be modified to
implement the amendment. (A endment #12 is attached as Exhibit A to the Ordinance.)
Amendment #12 has been pr pared in conjunction with a rezoning and a General Plan
amendment for the proposal to eve lop about 31.63 acres of the "Inland Parcel" in the Chula
Vista Coastal Zone with the CQ .nnelside Shopping Center. The amendment will make the
project consistent with the certif ed Chula Vista local Coastal Program. Environmental Impact
Report EIR-94-04 of possible significant environmental impacts from the project was
conducted by the Environmenta Review Coordinator.
B. DISCUSSION:
The Channelside Shopping Cent r has been proposed to be developed on about 31.63 acres
of vacant property located withi the Chula Vista Coastal Zone. The site is located south and
adjacent to State Route 54, wes of Broadway (National City Boulevard). This subarea of the
coastal zone is removed from he Chula Vista Bayfront and does not have direct coastal
access. It is surrounded by urba development, although the historic Sweetwater River runs
along the western edge of the roperty. There'is potentially sensitive habitat on the site
which will be addressed with e specific development project and coastal development
permit.
The lCP determines the land us s allowed to be developed within the coastal zone. The site
is currently designated for Indu rial General use in both the Bayfront Specific Plan and the
land Use Plan (the two main do uments of the lCP).
The Channelside Shopping Cen r project proposal consists of the development of a retail
commercial shopping center tot ling approximately 220,000 square feet of floor area. The
proposed lCP Amendment #12 ill change the current industrial land use to a commercial
designation which will be consis ent with the proposed General Plan amendment, rezoning,
and shopping center project. In oth the Bayfront Specific Plan and land Use Plan, the land
use designation is proposed to e changed to Commercial Thoroughfare subject to Central
Commercial zoning with a Precis Plan Modifying District as described in Chapters 19.36 and
19.56 of the Chula Vista Municip I Code. This land use classification will allow: retail stores,
shops, services, financial instituti ns, restaurants, and related types of commercial uses. (For
specific uses and development iteria, see Sections 19.36 and 19.56, Attachment 1.)
The proposed commercial land u e will be compatible with the existing and planned land uses
for the properties adjacent to th Inland Parcel. Currently, adjacent development includes a
strip of small commercial and limi ed industrial uses along "C" Street to the mini storage, truss
manufacturing, and warehouse ffices, and a retail discount store (Target) located to the
south east. The National City arket Place, a retail commercial shopping center also is
planned adjacent to the east of th proposed Channelside Shopping Center. (See Figure 4.1.1
of EIR-94-04.)
State Route 54 runs parallel to t e Inland Parcel's northern boundary and the site is highly
visible from the freeway. The pr posed land use change requires that the site development
be subject to the Precise Plan Modifying District which will ensure design control and
appropriate review of density, 0 en space, and such at the City Council level. Although the
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site will be subject to tradition I zoning development criteria, the site will continue 0 be
subject to the Bayfront Speci ic Plan and the land Use Plan policies which will insure
consistency with coastal relate issues.
1. ChaDter 3 Findinqs
The Inland Parcel is not locat d within the Chula Vista Bayfront. The Parcel is located
approximately 1/2 mile (northe st) traveling distance from the Bayfront's main, "E" Street
entry. The land use designat¿.n of the Inland Parcel, therefore, will not directly affect
Bayfront "coastal resource" pi nning. The Inland Parcel does not have access to coastal
resources such as: the sea, th bay, or dry sand and rocky coastal beaches; therefore, the
change in land use designatio will not affect such access. The Inland Parcel has no
oceanfront land suitable for ater-oriented recreational activities or coastal dependent
aquacultural uses.
A portion of the historic Sweet ater River is located along a portion of the western edge of
the Inland Parcel. This is consi ered potentially sensitive habitat and will be enhanced and
protected when development oc urs on the Inland Parcel. The proposed Amendment #12 is
a change in land use only and ill not affect the site's sensitive habitat designation or the
site's sensitive habitat. The Inla d Parcel is visible from the north (State Route 54), however,
there are no coastal views or vi tas from or to the Inland Parcel. The land use change will
include a Precise Plan Modifying istrict which will require the development of specific design
and land development criteria to ensure the visual quality of the Inland Parcel.
IV. ZONING MAP AMENDME
The applicant is also requesting rezoning from "I-L-P" (Limited Industrial with Precise Plan
modifier) to "C-C-P" (Central Commercial with Precise Plan modifier). The formal
modification, if approved, will b applied to the Zoning Map. The background and analysis
previously provided under Ite II, the General Plan Amendment, and in the Planning
Commission report attached as E hi bit A, is applicable and incorporated herein. The following
paragraph is provided for additio al clarity.
The proposed project iflvolves a amendment to the zoning on the property, changing from
"I-l-P" (Limited Industrial subjec to a Precise Plan) to ftC-Cop" (Central Commercial subject
to a Precise Plan). Staff is re ommending the application of the Precise Plan modifier
designation ("P") in order to esta lish necessary development guidelines for development of
the property. Please see the fi dings necessary for the application of the "PO modifying
district and the proposed Precis Plan Guidelines contained within the attached draft City
Council Ordinance.
This Coastal Development Per it is being processed concurrently with a Local Co.astal
Program (lCP) amendment which will modify the project site's land use to allow the proposed
retail commercial project. If the CP amendment is approved, the site will be developed in
accordance with Central Com mer ial zoning subject to a Precise Plan modifying district. The
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project is also subject to a Meeting Dat~
eneral Plan amendment, Design Review, subdivision map
requirements, a grading permi , and approval by the City of Chula Vista Redevelopment
Agency, Federal 404 Permit, C lifornia Fish & Wildlife and Coast Guard review. Compliance
with all conditions of approv I from reviewing bodies will be required by the coastal
development permit to ensure nsistency with the provisions of the California Coastal Act.
B. SWEETWATER RIVER BRID E
The project includes an acces:¡, Fridge approximately 115 feet long by,60 feet wide to be
located on the west side of the s te over the Sweetwater River to provide access to Broadway
(National City Boulevard). Th bridge will consist of a 4-lane paved roadway including
sidewalks, curbs and gutters. In order to accommodate bridge construction, the project
proposes to cross a portion of t e historic route of the Sweetwater River that was isolated
with the channelization of the ri er. This isolated portion of the river lies along the western
project boundary of the project site. The bridge will extend from the western edge of the
Center's parking lot to the inters ction of National City Boulevard and 35th Street to the west.
Approximately 10 acres of open pace/coastal related lands currently exist around the on-site
Sweetwater River and a drain ge ditch located along the southern boundary. On-site
enhancement and restoration is roposed for the wetland and buffer areas to compensate for
potential impacts to wetlands r suiting from the implementation of the access bridge.
(The proposed drainage area alo g the south property line is located outside the coastal zone
boundary, therefore modificatio to it is not discussed in this report. U.S Fish and Wildlife
and California Fish and Game p rmits will be required.)
Preliminary planning efforts id ntified three potential bridge designs and subsequent
construction scenarios. The ridge design identified as the environmentally superior
alternative, Alternative #3, a 1 5 ft. spanned bridge was selected for the project. The
proposed bridge will span the iver and adjacent Coastal Salt Marsh thereby minimizing
potential project impacts to the etlands.
Pacific Southwest Biological Se ices, Inc. (PSBS) prepared an analysis of the bridge and
wetlands which is presented in t eir report, "Broadway Plaza Biological Mitigation Program".
PSBS concluded that the prop sed bridge construction zone would encompass an area
approximately 140 feet wide an 270 feet long (37,800 sq. ft. or 0.87 ac.). The bridge
construction would result in the irect, permanent loss of 0.15 acre of Southern California
Coastal Salt Marsh habitat (bri ge footprint), 0.08 acre of direct, temDorarv impacts to
Southern California Coastal Salt arsh habitat (construction access), and 0.12 acre of direct,
permanent impacts to Mule-Fat crub habitat (bridge footprint).
Mitigation proposed for the brid e construction includes restoration of approximately 0.08
acre of Salt Marsh adjacent wit in the existing on-site channel resulting from temporary
impacts and creation of approxi ately 1.34 acres of Southern California Coastal Salt Marsh
habitat along the eastern and so thern portions of the existing Salt Marsh vegetation. This
will result in the restoration of the lost wetland at an average 3.3: 1 ratio resulting in
restoration of 1.16 acres of ~etl nd vs. the .35 acre loss of wetland.
In addition, revegetation is propos d for the upland slopes and a majority of the adjacent areas
situated within the wetland buff r area. Revegetation of 3.4 acres of sensitive habitat will
include native coastal sage and s cculent scrub vegetation and planting of barrier vegetation
along the buffer perimeter adjac nt to the parking lot. Enhancement of the existing Salt
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Marsh and Southern Willow S rub habitats is anticipated through removal of on-site palm
trees and elimination of refuse nd debris.
U.S. Fish and Wildlife Service ( SFWS) staff has reviewed the proposed bridge design and
wetland enhancement program. In a letter dated September 7, 1994, USFWS staff indicted
that the mitigation measures roposed by Pacific Southwest Biological Services, "would
effectively mitigate unavoidabl impacts to fish and wildlife resources resulting from the
proposed work." The USFWS ill evaluate the final mitigation program when reviewing the
project's federal 404 Permit ap I!cation and the State application for a Streambed Alteration
Permit.
C. WETLAND BUFFER
The wetlands will be buffered fr m the project by an average 107 foot buffer (80 ft. minimum
and 130 ft. maximum) as requir d by the Broadway Plaza Biological Mitigation Program. The
Mitigation Program also provides that a dense hedge of landscaping material be planted at the
outer edge of the parkingllot de elopment to discourage encroachment into the buffer. All
areas within the buffer that supp rt non-native vegetation will be revegetated with native sage
scrub or southern willow scrub s ecies (whichever is appropriate to the site-specific situation)
to enhance the quality of the ha itat and provide additional buffering.
The Local Coastal Program does ot identify any required width for wetland buffers within the
Inland Parcel subarea of the C astal Zone. The LCP addresses buffers within the main
bayfront area only and makes sp cial provisions for the F-G Street marsh. It appears that the
buffers proposed for the subjec project will be adequate to protect the on-site wetlands,
particularly in view of the sit s grade differential, proposed average 107 foot buffer,
revegetation plan and I,JSFWS c mments.
D. ENVIRONMENTAL MANAGE ENT
The Bayfront Specific Plan indica es that sensitive habitat exists within the Inland Parcel but
is undelineated. Further, it req ires that all environmental resources be analyzed by and
environmental professional and t at an Environmental Management Plan be adopted to protect
any sensitive habitat discovered rior to the commencement of any additional development.
The FEIR for the project and the roadway Plaza Biological Mitigation Program identifies the
environmentally sensitive habit t on the site and provides a thorough analysis with a
comprehensive mitigation plan to avoid impacts to the habitat. The USFWS has reviewed the
mitigation program and has con urred with the concept. Implementation of the Mitigation
Program will be required as a co dition of this coastal development permit.
1. Exterior liqhtinq
Because the wetland areas receiv limited use from wildlife species listed in the project's FEIR,
lighting is unlikely to have an ad erse effect. However, it is required that lights associated
with the development, including t e parking lot, be designed so that they do not shine directly
on or increase the background Ie el of lighting on any coastal salt marsh habitat to insure no
impact will occur.
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Signs for the project will be dev loped and reviewed in accordance with the site's Precise Plan
guidelines and the Design Revi w Committee's conditions of approval.
3. Traffic
Conditions of project approval nclude major street improvements such as the widening of
Fourth Avenue, installation of yeral traffic signals, construction of access roadways, street
restriping, and other public impr vements. Implementation of these conditions are anticipated
to negate any potential traffic i pacts from the project. In view of the proposed mitigation
and sinc,e the project site is not ocated near or adjacent to the bay or the beach and does not
provide access to coastal recre tional facilities, no direct or indirect effect on coastal related
traffic will occur.
E. FINDINGS
Adoption ofthe Coastal Develop ent Permit resolution, the City Council will be finding, based
on the following findings and su ject to conditions of approval listed in Attachment I, that the
proposed Channelside (Wal-Ma ) Shopping Center project is in conformance with the policies
of the certified Chula Vista Loc I Coastal Program.
1. The project site is curr ntly undeveloped and does not provide coastal reliant
recreational facilities or a cess to coastal reliant recreational facilities. The proposal,
if undertaken, will not c flict with or impact existing or anticipated recreational or
visitor-serving facilities ithin the coastal zone and the proposed development is in
conformity with the publi access and public recreational policies of Chapter 3 of the
Public Resources Code.
2. The project is not locate near or adjacent to the coast or bay, therefore, traffic
generated by the project ill not interact with coastal traffic and the project will not
interfere with coastal ace ss or coastal traffic circulation
3. The proposed land use wi I be allowed by Local Coastal Program Amendment #12 to
the Chula Vista Local Coa tal Program. The proposed land use has been reviewed and
found, subject to conditio s, and contingent on the approval of LCP Amendment #12,
to be consistent with the olicies of the certified Chura Vista Local Coastal Program.
4. A portion of the historic weetwater River is located along a portion of the western
edge of the project site. he project proposes to upgrade and supplement the onsite
wetlands and create and landscape a substantial wetland buffer, therefore, coastal
sensitive habitat will be e hanced and protected as part of the project development.
VI. ECT APPR VAL WI H NDITIONS
The Redevelopment Agency is requested, after consideration and approval of the other
discretionary applications by the City Council, to formally approve the proposed Channelside
Shopping Center project by ado ting the attached Agency resolution. In addition to taking
the same action on the EIR as w s taken by the City Council (if applicable), the Agency
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resolution adopts the project .Precise Plan" and declares that the previously approved
Disposition and Development greement is effective.
The .Precise Plan" includes:
A. Design Review Committee
B. Project Conditions of Appro al
1. Design Review ,.
2. Engineering Department
3. Planning Department
4. Community Developmen Department
AI/ of the departmental conditio s of the .Precise Plan" are included as Attachment 1 to the
Agency resolution for your revi w.
FISCAL IMPACT:
Approval of the planning entitl ments by the City Council, and approval Qf the FEIR and
project by the Council and Re evelopment Agency will allow for the construction of a
220,000 sQ. ft. community sho ping center along the northern boundary of the city limits.
As mentioned previously, the pr ject was the subject of a conditionally approved Disposition
and Development Agreement th t contained significant project deal points. In the staff report
and the required .Summary R port. provided at the August 23, 1994, Council/Agency
meeting, the following DDA fin ncial information were provided:
A. Basic Deal Points
1. Wal-Mart is not 0 ligated to construct the store. However, if Wal-Mart fails to
construct and ope the store within two years of the approval of the DDA, the
DDA is terminate.
2. The subsidy of $1 915,000 was determined to be necessary in order to make
the project financi Ify feasible and stimulate the development of the remainder
of the site. The 5 mmary Report provided the basis for this determination. In
short, the subsid is required due to the extraordinary construction costs
(bridge from Broa way to the site) necessary to develop the site.for high-
volume retail-com ercial use. Other extraordinary site development costs that
were considered include the expected costs of compacting potentially
expansive soils an compliance with enhanced seismic standards. Verification
of the need for thi subsidy to make the project feasible was contained in the
financial analysis p eviously provided. The justification for the subsidy is based
on the projected d velopment costs for the site and the rate of return on the
developer's invest ent in order to make the project financially feasible.
3. The subsidy is the rimary obligation of the Agency. The subsidy is to be paid
over a maximum 1 year period. During this period the amount owed to Wal-
Mart accures inte st at the rate of 4% per year. Any principal or interest
which remains unp id at the end of the 15 year period is forgiven. The subsidy
is to be paid in Qua erly installments. The amount due in anyone Quarter is to
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be measured by perecentage of the amount of sales tax revenue received by
the City from the Wal-Mart store during the quarter immediately preceding such
quarterly payme t. In order to account for the project "transfer" effect (ie.,
transfer of sale from one outlet to another) the percentage amount of
repayment oblig tion in year 1 through year 4 is 20%, 30%, 35% and 45%,
respectively. By the end of the fourth year, the transfer effect is projected to
be nullified, and therefore, the annual repayment obligation will be equal to
50% of the sale tax generated from the Wal-Mart Store. (Please review the
Market Analysis onducted by Onaka and Associates as part of the project EIR
for clarification ¡necessary).
4. While the obligat on to pay this subsidy amount is an Agency obligation, it is
likely, that the ta increment generated by the project (an estimated $90,000
for the War-Mart tore and an estimated $135,000 for the entire project) would
not be sufficient 0 make the entire annual subsidy payment owed to Wal-Mart.
Therefore, the Ci y General Fund is likely to be obligated to make a significant
portion of these payments. Note: This obligation would never be greater in
amount than 50 *' of the sales tax generated by the Wal-Mart store and
received by the ity General Fund in anyone year.
5. Agency is to use ts best efforts to cause the City to enter into a Cooperation
Agreement with t e Agency which requires the City to provide the Agency with
sufficient funds t make any annual payments in any given year, if necessary.
Wal-Mart would e a third party beneficiary of this agreement and therefore
would have the r ght to require the City to make payments to the Agency if
necessary for the Agency to fulfill its obligations to Wal-Mart.
6. If the Wal-Mart tore closes or is transferred to another user, the Agency
obligation to pay he subsidy immediately terminates.
7. Wal-Mart covena ts for a period of 20 years that it shall not use the property
for anything othe than the retail uses permitted by the entitlements.
The Wal-Mart store, if subsequ ntly approved and constructed, will provide an estimated
$90,000 annually in increased roperty tax increment revenue to the Agency. Additionally,
the Wal-Mart store is estimate to generate approximately $400,000 in annual sales tax
revenue to the City's General F d in the first full year of operation. This figure is projected
to increase in subsequent year. If constructed, it is estimated that the "overall project"
proposed for the site (Wal-Mart Ius the additional retail and restaurant space) will generate
$135,000 in annual tax increm nt to the Agency and $500,000 of sales tax revenue in the
first full year of operation. Fin lIy, the project is estimated to employ approximately 400
temporary construction workers for a period of nearly 12 months, and 450 new permanent
full and part-time jobs in the cen er. The tables below provide an estimated projection of the
relative costs to, and revenues f r, the City and Agency with respect to the DDA and the Wal-
Mart project:
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PROJECTED FISCAL IHPACT
WAL-HART STORE
WAL-HART NET SUBSIDY NET TAX TOTAL
SALES TAX PROJECTED WAL- T \ PHT TO SALES TAX INCREHENT REVENUE
YR PROJECTION TRANSFERS SALES 1>X SHARE WAL-HART TO CITY REVENuE TO CITY
1 $(00.375 $240.375 $160. 00 20.00\ $BO.O75 $79.925 $90.000 $169.925
2 $(24.056 $180.266 $243. 90 30.00t $127.217 $116.573 $90.000 $206.573
3 $((9.148 $120.317 $328, 31 35.00t $157,202 $171,629 $90,000 $261,629
( $(75,747 $60,002 $415, (5 (5.on $214,086 $201,659 $90,000 $291,659
5 $490,0(3 $0 $(90. (3 50.00\ $2(5,022 $2(5,022 $90,000 $335,022
6 $50(,740 $0 $50(, (0 50.00t $252,370 $252,370 $90,000 $342,370
7 $519,89( $0 $519, 9( 50.on $259,947 $259,947 $90,000 $349,947
8 $535,514 $0 $535, 14 50.00t $267.757 $267,757 $90,000 $357,757
9 $551,557 $0 $551, 57 50.0Ot $275.779 $275.779 $90.000 $365.779
10 $568,082 $0 $568, 82 50.0n $284,041 $284,041 $90,000 $374,041
11 $582,28( $0 $582, 8( 50.00t $291,142 $291,142 $90,000 $381,142
12 $596,841 $0 $596. 41 50.0Ot $(6.171 $550.670 $90.000 $640,670
13 $611,762 $0 $611, 62 50.00\ $0 $611,762 $90,000 $701,762
14 $627,056 $0 $627, 56 50.0°' $0 $627,056 $90,000 $717,056
IS $6(2,733 $0 $642, 33 50.0n $0 $642,733 $90,000 $732,733
TOTALS $2.500,808 $(,878,064 $1,350,000 $6,228,064
SUBSIDY REPAYllEBT SCHEDULE
BASED 0111 ABOVE REVEIllOE PROJECTIOIIIS
¡lilT. PRIIIICIPAL PRIIIICIPAL TOTAL
YR RATE BALAIIICE PAYHEIilT PAYHEIIIT
1 (.on $1,915,000 $3,475 $80,075
2 (.OOt $1,911,525 $50,756 $127,217
3 (.on $1,860,769 $82,771 $157,202
( (.on $1,777,998 $1(2,966 $214,086
5 (.on $1,635,032 $179,620 $245,022
6 (.on $1.(55,412 $194,15( $252,370
7 (.on $1,261,258 $209,497 $259,947
8 (.OOt $1,051,762 $225,687 $267,757
9 (.oot $826,075 $2(2,736 $275,779
10 (.on $583,339 $260,707 $28(,041
11 (.OOt $322,632 $278,237 $291,142
12 (.on $((,395 $((,395 $46,171
13 (.on $0 $0 $0
H (.OOt $0 $0 $0
15 (.on $0 $0 $0
TOTALS $585,8 $1,915.000 $2,500,808
Finally, during the approval of the FY 1993-94 Agency budget, Councilman Rindone requested
that information be provided in t e 'Wal-Mart project staff report" to clarify the effect, if any,
that the proposed "subsidy" to the project would have on the Redevelopment Agency's
budget in future years. As indic ted in #4 above, the subsidy obligation is an obligation of
the Agency with the strong likeli ood that the annual repayment obligation in any given year
would exceed the amount of tax i crement revenue generated to the Agency from the project.
Therefore, absentthe proposed C ty/Agency 'Cooperation Agreement" described in #5 above,
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C,"ociIlA"o" ao", to, ""'t""'" '0 '" "" ,","CO- '0 ,oy '.,oC " "" tim w,n, ,
repayment obligation be greate than 50% of the sales tax revenue generated to the City's
General Fund and therefore, the project will have an overall positive fiscal impact as provided
previously in the fiscal impact t bles.
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#;20
ORDINANCE NO. 'd.. ~ 13
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA
AMENDING THE CERTIFIED CHUlA VISTA lOCAL COASTAL PROGRAM AND
BAY FRONT SPECIFIC PLAN IN ACCORDANCE WITH AMENDMENT #12
RECLASSIFYING 31.63 ACRES OF THE INLAND PARCEl, SUBAREA 4 FROM
INDUSTRIAL GENERAL TO A COMMERCIAL THOROUGHFARE LAND USE
DISTRICT SUBJECT TO CENTRAL COMMERCIAL WITH PRECISE PLAN
MODIFYING DISTRICT PURSUANT TO SECTIONS 19.36 AND 19.56 OF THE
CHUlA VISTA MUNICIPAL CODE
WHEREAS, a proposal for the development of 31.63 acres of the Inland Parcel.
Subarea 4 of the Chula Vista Coastal Zone into the Channelside Shopping Center as such
project is more particularly described in the Final Environmental Impact Report, EIR-94-02, has
been reviewed and found to require a land use amendment to the certified Chula Vista local
Coastal Program (lCP); and
WHEREAS, the Community Development Department prepared an amendment
to the lCP ("Amendment #1 2") which entails a land use change for 31.63 acres of the Inland
Parcel from Industrial General to Commercial Thoroughfare subject to Central Commercial
zoning with a Precise Plan Modifying District and said land use change has been found to be
consistent with the policies and objectives of the certified lCP; and,
WHEREAS, the reorganization and clarification of land use sections of the
Bayfront Specific Plan and associated sections of the land Use Plan for consistency has been
found to be desirable; and,
WHEREAS, thE;! Community Development Department prepared and disseminated
a Notice of Availability of lCP Amendment #12 in accordance with Title 14, Division 5.5 of
the California Code of Regulations at least six weeks prior to the scheduled City Council public
hearing on said amendment; and,
WHEREAS, the Planning Director set the time and place for a Planning
Commission public hearing on said amendment; and,
WHEREAS, the Community Development Director gave notice of the said
hearing, together with its purpose, by publication in a newspaper of general circulation in the
city and said notice was distributed in accordance with Title 14, Division 5.5 of the California
Code of Regulations; and.
WHEREAS, said public hearing considering LCP Amendment #12 was held at
the time and place as advertised!, namely 7:00 p.m. on September 28, 1994 in the City of
Chula Vista City Council Chambers located at 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed. and
WHEREAS, the City Clerk set the time and place for a City Council public
hearing on said amendment; and.
WHEREAS, the Community Development Director gave notice of the said
hearing, together with its purpose, by publication in a newspaper of general circulation in the
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Ordinance xxxx
city and said notice was distributed in accordance with Title 14, Division 5.5 of the California
Code of Regulations; and,
WHEREAS, the Planning Commission, at a public hearing held on September 28,
1994, considered FEIR 94-02, the Discretionary Approvals Applications and the lCP
Amendment, took evidence as set forth in the record of its proceedings, made certain findings
as set forth in their Recommending Resolution GPA-94-02/PCZ-94-C, and recommended that
City Council certify FEIR 94-02 <JI(ld approve the Discretionary Approvals Applications and the
LCP Amendment subject to certain terms and conditions; and,
WHEREAS, an Addendum to FEIR 94-02 ("Addendum 94-02A") was prepared
in accordance with Section 15164 of the CECA Guidelines; and
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on November 1, 1994 on FEIR 94-02, Addendum 94-02A
(collectively "FEIR 94-02"), the Discretionary Approvals Applications, the lCP Amendment
and the CDP to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and,
WHEREAS, the City Council of the City, as the Responsible Agency, and the
Redevelopment Agency, as the Lead Agency, have reviewed, analyzed and considered FEIR
94-02, the environmental impacts therein identified for this Project; the Findings of Fact
("CEOA Findings"), Mitigation Monitoring and Reporting Program and Statement of Overriding
Considerations attached hereto; and
WHEREAS, pursuant to Joint/City Agency Resolution No.-- (the "CEOA"
Resolution), the City Council and the Redevelopment Agency have jointly certified FEIR 94-02,
and Addendum EIR 94-02A thereto, made the necessary CECA Findings, and adopted the
Mitigation Montitoring and Reporting Program, and the Statement of Overriding Considerations
attached to the CECA Resolution; and
WHEREAS, said public hearing was held at the time and place as advertised,
namely 4:00 p.m. on November 1, 1994 in the City of Chula Vista City Council Chambers
located at 276 Fourth Avenue, before the City Council and said hearing was thereafter closed,
and
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I. Certification of Comoliance with CECA.
The City Council does hereby adòpt and incorporate herein Resolution No.
of the City Council and Redevelopment Agency certifying FEIR 94-
02, and adopting Addendum EIR 94-02A, the CECA Findings, the Mitigation
Monitoring and Reporting Program, and the Statement of Overriding
Considerations.
SECTION II. Consistencv with General Plan Findinas
The City Council does hereby find that the lCP, as amended by Amendment
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Ordinance xxxx
#12, is consistent with the City of Chula Vista General Plan as amended.
SECTION III. California Coastal Act FindinQs
The City does hereby find that the subject Amendment #12 complies with
Chapter 3, Coastal Resources Planning and Management Policies, of Public
Resources Code, Division 20 in accordance with the following findings:
~ .'
The Inland Parcel is not located within the Chula Vista Bayfront. The Parcel is
located approximately 1/2 mile (north east) traveling distance from the
Bayfront's main, "E" Street entry. The land use designation of the Inland
Parcel, therefore, will not directly affect Bayfront "coastal resource" planning.
The Inland Parcel does not have access to coastal resources such as: the sea,
the bay, or dry sand and rocky coastal beaches, therefore, the change in land
use designation will not affect such access. The Inland Parcel has no
oceanfront land suitable for water-oriented recreational activities or coastal
dependent aquacultural uses.
A portion of the Historic Sweetwater River is located along a portion of the
western edge of the Inland Parcel. This is considered potentially sensitive
habitat and will be enhanced and protected when development occurs on the
Inland Parcel. The proposed Amendment #12 is a change in land use only and
will not affect the site's sensitive habitat designation or the site's sensitive
habitat. The Inland Parcel is visible from the north (State Route 54), however,
therefore no coastal views or vistas from or to the Inland Parcel. The land use
change will include a Precise Plan Modifying District which will require the
development of specific design and land development criteria to ensure the
visual quality of the Inland Parcel.
SECTION IV. The City Council hereby directs the Mayor to submit Amendment #12 to the
certified Chula Vista local Coastal Program to the California Coastal
Commission in accordance with Section 13552 of Title 14 of the California
Code of Regulations.
SECTION V. Amendment #12
Exhibit #3 -land Use Districts, Sections 19.81.040, 19.81.050, 19.81.070 of
the certified Chula Vista local Coastal Program - Bayfront Specific Plan and
Exhibit #3 - Land Use, Table 3-1, Policy loU.6.B, Table 3-2, Table 3-2A,
Section IV.D. of the certified Chula Vista Local Coastal Program -land Use Plan
are amended in accordance with Local Coastal Program Amendment #12
attached hereto as Exhibit A and incorporated herein by this reference.
SECTION VI. This ordinance shall take effect and be in full force on the 31 st day after its
adoption or immediately following approval of Amendment #12 of the certified
Local Coastal Program by the California Coastal Commission, whichever is later.
SECTION VII. Invaliditv: Revocation c1~
-
Ordinance xxxx
It is the intention of the City Council at 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,
provision or conditions are determined by a court of competent jurisdiction to
be invalid, illegal.or unenforceable, this ordinance shall be deemed at City's
election fully revoked and of no further force and effect.
, .
Presented by: Approved as to form by:
Chris Salomone Bruce Boogaard
Community Development Director City Attorney
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EXHIBIT A
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LOCAL COASTAL PROGRAM AMENDMENT NO. 12
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LCP Amendment #12
Page 29
Bayfront Specific Plan
19.81.040 LAND USE CLASSIFICATION
A. Purpose and Scope
The Chula Vista Bayfront Specific Plan provides for the classification of land use and the regulation of development
by Land Use District. These cImfications, "Districts", are depicted on Exhibit #3, herein. Each Land Use
District contains a set of regulations, settiDg forth the standards for development within that District. This section
provides the development standards relating to permitted uses within each District. Additional specific use
regulations are included in Chapter vTI, Subarea Specific Development Standards, herein.
B. Commercial Land Use Districts
I. Visitor - Commercial: This use is permitted only in the Midbayfront, Subarea I. Refer to
Chapter vTI, Subarea Specific Development Standards for Subarea I.
2. Thoroughfare Commercw: All lands on Exhibit #3, Land Use Districts, designated as Thoroughfare
Commercw shall be permitted to accommodate the following uses:
a. For Subarea I - Midbayfront Subarea
Refer to Chapter vTI, Subarea Specific Development Standards.
b. For Subarea 2 - Industrial Subarea
I) Food Sales Commercw
2) Convenicnae Sales and Service Commercw
3) Transient Habitation Commercial.
4) Automotive Servicing Commercial
5) Automotive Repair and Cleaning Commercial
6) Automotive Fee Parking Commercial
7) Group Assembly Commercial
8) Parking Services Civic
9) Commnnity Assembly Civic
10) Administrative Civic
II) Utility and Vehicular Civic
12) Special Signs
13) Development Signs
14) Realty Signs
15) Civic Signs
16) Business Signs
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3; Commercial - Professioual and Administrative: Alliands on Exhibit #3, Land Use Districts, designated
on Professional and Administrative (InCluding portions within the Central Resort District), shall be
permitted to accommodate the following uses:
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LCP Amendment #12
Page 35
Specific Plan
19.81.050 DEVELOPMENT CRITERIA
A. Purpose and Scope
This Chapter of the Chula Vista Bayfront Specific Plan provides development criteria for each Land Use District
with the plan area. Additional development'åiteria are included in Chapter VII, Subarea Specific Development
Standards, herein.
B. Pennitted Uses
Permitted Uses for each Land Use District. are listed in Chapter IV, Land Use Classification.
C. Development Intensity
The development intensity' is established by using a Floor Area Ratio (FAR), a specific roaximum square footage
allowance, or through setback and height controls, depending on the subarea. Following are the applicable
development intensities for each land use category listed by subarea:
I. Subarea 1 - Midbayfiont: The development intensity for the Midbayfiont subarea is established by the specific
square footage allowances described in Chapter VII herein.
2. Subarea 2 - Industrial Area:
a. Industrial - General: Maximum FAR 0.5
b. Industrial - Research & I1rnited: Maximum FAR 0.5
6. Cr- ?t'eial TheFeIlghlà£e: HIIJIimum. R'\H 9.25
d. Public-Quasi Public: Area designated for landscaped parking may be incorporated into the adjacent land
use area for FAR calculations.
e. Parks & Recreation: Development intensity limited by minimally pennÎtted uses.
f. Open Space: none
g. Special conditions "C" and "F" on Exhibit 4, BUilding Heights: see special. standards in Chapter VII for
Subarea 2. ' - - .
3. Subarea 3 - Southern ParœI: The only land use in this subarea is Industrial- General which is limited to an
FAR of 0.5.
4. Subarea 4 - Inland Parcel: ~iIIM'>l"I':!.~s,,_~1i!!im~! lie eB!y IaBå lJIJe ÍR tIHs subarea
is 1Bàus!rial. Ceaeml. T the maximum development intensity is established by the Height RegulAtions, Section
19.81.050 D. and Site Development Standards, Sections 19.81.050 I. and Section 19.81.070 D.
5. Subarea 5 - Faivre Street subarea: The only land use in this subarea is Industria1 - General. The maximum
development intensity is established by the Height RegulatiODS Chapter V -D; and. Site Development Standards,
Chapter V-I and Chapter VII-E.
35
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LCP Amendment #12
Page 41
Bayfront Specific Plan
5) To provide standards of acceptability for signs in order to facilitate the review
and approval process by the City of Chula Vista.
b. Scale of Signs for the Mi<UJø,yfront subarea: The two most promìnent signs in the
Midbayfront will be the Midbayfront gateway monument and the high- and mid-rise
hotel buildìng wall signs. Because of the importance of these signs, the following
specific regulations are provided:
1) Midbayfront Gateway Monument: The sign element conlaining copy shall not
exceed a maximum height of 5'-6". The architectural element containìng the
sign shall not exceed 12 feet in height. The maximum copy area per sign face
shall not exceed 50 square feet. Illustrations of a gateway monument meeting
these standards follow as a guideline.
2) High-rise Hotel Buildìng Wall Signs: Only allowed on hotel buildings greater
than eight stories ìn height. Two signs per building, 300 square feet maximum
each sign. Individual letters or logo only; maximum sign height shall be 7 feet.
An illustration of this type of sign follows as a guidelìne. Sign design and
letterìng shall not permit perchìng by avian predators of the California least tern,
light-footed clapper rail, or Belding's Savannah sparrow.
F. Form and Appearance
1. Form and Appearance Objectives
The following objectives shall serve as guidelìnes for use of land and water resources to
preserve a sound natura! environment:
a. Preserve existing wetlands ìn a healthy state to ensure the aesthetic enjoyment of
marsh~ and the wildlife which inhabit them.
b. Change the existing industrial image of the Bayfront, and develop a new identity
consonant with its future prominent public and commercial recreational role.
41
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LCP Amendment #12
Page 91
Bayfront Specific Plan
j. Compact parking stalls sball be permitted with dimensions of 7.5 feet wide by 16 feet in length. The
number of these stalls may be authorized to a maximum of 20 % of the required parking.
D. Inland Parcel Subarea
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Development §!~~.m(ß~g in this Subarea is subject to the I-General IndustriaJ zone,
Chapter 19.46 of the Chula Vista Municipal Code, except as modified by the provisions of this Specific Plan.
E. Faivre Sired Subarea
Development in this subarea is subject to the regulations of the San Diego County Zoning ordinance for general
Impact Industrial use zoned M-54 (FP), manufacturing industrial zone with flood plain overlAy zone, except as
modified by this Specific Plan.
F. PalmarlBay Boulevard Subarea
Development in this subarea is subject to the I -L-P. limited Industrial Zone with Precise Plan Modifying District,
as described in Sections 19.44 and 19.54 of the Chula Vista Municipal Code except as modified by this Specific
Plan.
91
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LCP 'Amendment #,12
Land Use P1an
Page 111-11
TABLE 3-1
SUMMARY OF PERMITI'ED LAND USES BY SUBAREA
(Approximate area - in acres)
SUBAREA
LAND USE ....;. TOTAL .! .l ¿ .i 2. £ 2
Residential, high 18 18
Commercial
- Visitor 11 11
- Thoroughfare 4 ~
- Professional "
Administrative 12 . 12
Xndustrial
- Research" Limited 81 10 8 63
- General ~~'Z 155 98 **
Public" Open Space
- Public"
Quasi-Public 18 6 12
- Parks" Recreation 37 34 3
- Water 8 8
- Open Space 301 22 11 268
- Circulation/Other 27 14 8 3 2
Special Plan Area
- Central Resort
District 40 40
Major Circulation 159
- - -- - - - -
TOTALS 1013 161 215 101 36 8 63 270
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" A11ocatad within c.ntral baa,," Diatrict aa a pendttad ua.
NOTE, Acr..".. or. indic.t.d to tho n.or.at acre b...d on ploni..tar ..adinga and available info.-tion. Minor
~f~n~n;:.m"":d ~~~~t ¿:c~; :-.~~~~~ ::~~~a;::,,!i=a O~~~d ~~ë~T'/~i=-=:--t to
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LCP Amendment #u
Land Use Plan
Page ill-7
Policy L.U.6.B.
recreation uses; 4) limited business and personal serviœs (business
serviœs shall be defined as ancillary support serviœs which serve
the travelling businessperson [i.e., copy centers, postal oUtlets,
.. c¡tc.]); and, 5) public and quasi-public uses such as public
transportation facilities, plaœs of worship, and day care facilities.
Allocation: approximately 11 acres (1 percent of development area,-
not Including major circulation). [Note: These uses are also
provided with the Central Resort District where allocations among
uses may vary.]
Thorou"kfare Visitor Hil!hwav. This land use designation includes
primarily motel and restaurant facilities similar to the existing
development that principally serve auto-oriented traffic and require
clear visibility from the 1-5 corridor. Additional permitted uses
would include gas stations and similar traveler directed goods and
servl
Land uses not permitt within this desIgnatIon are those whi
would principally serve pedestrian traffic or those that would be
more appropriate in connection with the Central Resort District
provided for elsewhere in the Plan. These non peA1ÛUed lI5es
metudel eonvooienee retail, rood Ilnd beverage retail silles, bl15iness
I1Rd p9f'l;0nal serviees, and entertainment facilities. Allocation:
approximately ~ ! acres (1 pereent of development MOO, not
Ineluding 1lH\for EÍreullltion .
Professional and Administrative Commercial. Two areas for
Professional and AdministratIve CommerciaI are provided. The
first Is Indicated on Land Use Map, Exhibit 3, page ill-3, within the
Industrial subarea. ThIs area Is approximately U acres. The
pemútted uses Include administratIve office and support uses for the
acijaœnt Industrial uses. The second area Is a permitted use within
the Central Resort District of the Midbayfront subarea, which
permits 60,000 sq.ft. of Professional and Administrative, including;
administratIve and executive office, financial offiœs and secviœs and
medical offiœs.
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LCP Amendment #12
Land Use Plan
Page III-I5
TABLE 3-2
PERMITTED DEVELOPMENT INTENSITY
SUBAREA/LAND USE DEVEWPMENT INTENSITY
~.
Subarea 1 - M~dbayfront
Central Resort District (See Table 3-2A)
Residential - High Residential: 949,000 sq. ft./700 du
Visitor Commercial Western Parcel: 204,000 sq. ft./250 hotel rooms;
Eastern Parcel: 200,000 sq. ft./250 hotel rooms
Public & Open Space Uses Intensity limited by minimal permitted uses;
except Cultural Arts Facility 75,000 sq. ft.
(2,000 seats)
Subarea 2 - Industrial
Industrial (IR & IG) FAR 0.5 except Special Condition "C" (see notes)
Commercial - Visitor/Highway FAR 0.25 except Special Condition "F" (see notes)
Commercial - Prof, & Admin. Special Condition "C" (see notes)
Landscaped Parking May be included in adjacent parcel for FAR cal-
culation with required improvements and use
agreement.
Parks & Recreation Intensity limited by minimal permitted uses
Subarea 3 - Southern Parcel
Industrial FAR 0.5
Subareas 4, ~¡. ;~ 6
Industrial ' , Existing Zoning
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Subarea 7 - Sweetwater Marsh
Nat~onal W~ldl~fe Refuge
Open Space Determined by USF&WS
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NOTES: FAR . Floor area ratio or ratio of gross building area to net developsble land area.
Special Condition "C": FAR of 0.75 permitted subject to special conditiO118 - See Special
Condition "C" (Bayfront Specific Plan Sec. V.D) and Subarea 2 Standards of the Bayfront
Specific Plan, provided that tho corresponding demolition/removal of .xisting structures
elsewhere on the Bohr eampu.o co.","....urate with the allowed bonus will occur in a timely
faslú.on and assoc~ated traffic illlpacts will be mitigated to LOS "D" or better at the Bay
Blvd./"S" Street/I-5 interchange.
Special Condit~on "F": In the event additional land area is gained for development of
properties located at the nort],.,..t and southeast corners of Bay Bou1evard and "J" Street
by covering adjacent drainage channels, the on-site FAR and setbac"," may vary in
accordance with Specia1Condition "F" (Bayfront Specific Plan Sec. V.D) and Subarea 2
Standards of the Bayfront Specific Plan.
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LCP Amendment #12
Land Use Plan
Page IV-l3
C. Subarea 3 - Southern Parcel
1. Soecial Subarea Conditions
The southern parcel is located south of "L" Street and west of 1-5. This area is within the Coastal Zone but is
not covered by the Bayfront Plan. The entire area contains approximately 90 acres. The majority of this area
(65 acres) is part of the SDG&E geneàring plant. In addition, there is a small area (4 acres) which is used as
part of the salt works, and an area (21 acres) wlúch is developed with light industrial uses.
According to an existing agreement among the State, Natioual City, and the salt marsh operator, the salt works
will be incoxporated into a State wildlife preserve over a tweaty year period. The remaining area is designated
for industrial use on the General Plan and is zoned I (Industrial), consistent with its use.
It is anticipated that the SDG&E facility will remain in operation on a permanent basis, while the salt works will
continue into the foreseeable future. The industrial land is located between Bay Boulevard and 1-5 and does DOt
have any direct Bay frontage.
2. Subarea ObiectiveslPolicies
Objective S3.A Provide for maintenance of appropriate existing development and long
term conversion of potential habitat areas to protected open space.
Policy S3.A.l Preclude any visitor-serving facilities here because of the proxinúty
of the freeway and the generating plant. In addition, no uses shall
be located on this property which would econonúcally compete with
the Bayfront,
D. Subarea 4 - Inland Parcel
1. Soecial Subarea Conditions
The inland parcel. is located north of "C" Street and west of Broadway. This area contains approximately 80
acres. A lru\Ïor portion of this area has been used for SR-54 and the Swedwater River ChãrineI. .
The property is designated for ~m....I&,,~rh.i':m1i\""'-WilM'.~ \!jïI~~~~ researak 8Ð.d
limited iBduslriaJ. uses ia !he GeBefIIÏ Plaa sad iš zeBed P ¡ ¡¡;¡~~¡¡;;g):;¡- I t. ~ Iad~).
2.Subarea ObiectiveslPolicies
Objective S5.A Allow, community oriented commercial development as a eeaåi!ieoal
use, ee_ial "gæll¡J l15f)eœ.bly" de\'elOflBlCat 8Ð.d aeeessery l15es with
assurance that improvements are adequately protected from flood
IV-13
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ø -'1;1
ORDINANCE NO. :< ~ /1
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY
COUNCIL AMENDING THE ZONING MAP ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE
TO REZONE 31. 63 ACRES LOCATED AT THE TERMINUS OF
NORTH FIFTH ~YENUE FROM I-L-P (LIMITED INDUSTRIAL-
PRECISE PLAN) TO C-C-P (CENTRAL COMMERCIAL-PRECISE
PLAN)
WHEREAS, the area of the land which is subject of this
ordinance consists of approximately' 31. 63 acres located at the
terminus of North Fifth Avenue in the City of Chula Vista,
California within the Town Centre II Redevelopment Project Area,
and further identified as Assessor's Parcel Nos. 562-324-02 and
562-324-04 ("Project site"); and,
WHEREAS, a person having control overall or a portion of
the development of the Project Site, National Avenue Associates
("Developer"), has proposed the development of an approximately
212,000 square foot retail shopping center currently known as the
Channels ide Shopping Center, including a Wal-Mart Store as a major
tenant, as such project is more particularly described in Final
Environmental Impact Report, FEIR-94-02, ("Project"); and
WHEREAS, on January 21, 1994, in connection with the
Project, the Developer filed applications with the city of Chula
Vista ("City") for (1) a General Plan Amendment from "Research and
Limited Manufacturing" to "Commercial Thoroughfare", and (2)
Rezoning from "I-L-P" (Limited Industrial-Precise Plan) to "C-C-P"
(Central Commercial-Precise Plan) ("Discretionary Approvals
Applications"); and,
WHEREAS, concurrently, the Developer requested that the
City process an amendment to the certified Chula Vista Local
Coastal Program ("LCP Amendment") and issue a Coastal Development
Permit ("CDP") thereunder.
WHEREAS, concurrently based on a preliminary review of
the Project the staff ("Staff") of the City and the Redevelopment
Agency of the City of Chula Vista ("Redevelopment Agency") has
determined that the Project may have. an adverse impact on the
environment; and
WHEREAS, the Staff has determined that the Project is not
exempt, neither statutorily or categorically, from compliance with
the statutory duty, as set forth in the California Environmental
Quality Act ("CEQAIt) to prepare an Environmental Impact Report; and
-- "IS
Ordinance No.
Page 2
WHEREAS, City retained the services of a Consultant to
prepare the Environmental Impart Report for the Project; and
WHEREAS, a draft Environmental Impact Report dated June
1994, evaluating the P~oject was prepared and was transmitted by
the Redevelopment Agency, as lead agency, to all concerned parties
for review and comment; and
WHEREAS, notice of availability of the draft
Environmental Impact Report was given as required by law and by
policy of the City; and
WHEREAS, a public forum on the project was held on June
30, 1994 which included a presentation on the draft Environmental
Impact Report; and
WHEREAS, written and comments from the public on the
draft Environmental Impact Report were accepted from June 16, 1994
to August 10, 1994; and
WHEREAS, on July 25, 1994 the Resource Conservation
Commission accepted the draft Environmental Impact Report, EIR-94-
02, by a vote of 4 to 1; and
WHEREAS, the city Planning Commission held a public
hearing, accepted public testimony and closed the public review
period on the draft Environmental Impact Report on August 10,1994;
and
WHEREAS, public comments have been addressed in the Final
Environmental Impact Report for the Project dated September, 1994
("FEIR 94-02"); and
WHEREAS, a public hearing on FEIR 94-02, the
Discretionary Àpprovals Applications and the LCP Amendment was duly
noticed and held before the Planning Commission at the meeting of
September 28, 1994; and,
WHEREAS, the Planning Commission, at a public hearing
held on September 28, 1994, considered FEIR 94-02, the
Discretionary Approvals Applications and the LCP Amendment, took
evidence as set forth in the record of its proceedings, made
certain findings as set forth in their Recommending Resolution GPA-
94-02/PCZ-94-C, and recommended that City Council certify FEIR 94-
02 and approve the Discretionary Approvals Applications and the LCP
Amendment subject to certain terms and conditions; and,
~ ~6
Ordinance No.
P ãge"3
WHEREAS, an Addendum to FEIR 94-02 ("Addendum 94-02A")
was prepared in accordance with section 15164 of the CEQA
Guidelines; and
WHEREAS, a q,u,ly called and noticed public hearing was
held before the city Council of the City of Chula Vista on November
I, 1994 on FEIR 94-02, Addendum 94-02A (collectively "FEIR 94-02"),
the Discretionary Approvals Applications, the LCP Amendment and the
CDP to receive the recommendations of the Planning Commission, and
to hear public testimony with regard to same; and,
WHEREAS, the city Council of the City, as the Responsible
Agency, and the Redevelopment Agency, as the Lead Agency, have
reviewed, analyzed and considered FEIR 94-02, the environmental
impacts therein identified for this Project; the Findings of Fact
("CEQA Findings"), Mitigation Monitoring and Reporting Program and
Statement of Overriding Considerations attached hereto; and
WHEREAS, pursuant to Joint City/Agency Resolution No.--
- (the "CEQA" Resolution) , the city Council and the
Redevelopment Agency have jointly certified FEIR 94-02, made the
necessary CEQA Findings, and adopted the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations
attached to the CEQA Resolution; and.
WHEREAS, at the same City Council meeting at which this
Ordinance was introduced for first reading (November 1,1994), the
city Council of the City of Chula Vista adopted Resolution No.
, by which it amended the City's General Plan, and Resolution
¡;¡o:-- , by which it amended the city's Local Coastal Program;
and
WHEREAS, the City Council has reviewed, taken and
considered pUblic testimony with respect to, and decided to approve
the proposed rezoning for the Project site from I-L-P to C-C-P.
NOW, THEREFORE, the City of Chula Vista does hereby
ordain as follows:
I. Certification of Compliance with CEQA.
The City Council does hereby adopt and incorporate herein
Resolution No. of the City Council and
Redevelopment Agency certifying FEIR 94-02, and adopting
Addendum 94-02A, the CEQA Findings, the Mitigation Monitoring
and Reporting Program, and the statement of overriding
Considerations.
~ -7'7
Ordinance No"
P ãge4
II. Rezoning.
The Zoning Map or Maps established by Section 19.18.010
of the Chula Vista Municipal Code are hereby amended by adding
thereto the follo\!T~ng rezoning of property ("Rezoning"):
That certain property consisting of approximately 31.63
acres, located at the north terminus of North Fifth
Avenue, more particularly known as Assessor's Parcel Nos.
562-324-02 and 562-324-04 (the "Project Site"), is hereby
rezoned from I-L-P (Limited Industrial-Precise Plan) to
C-C-P (Central Commercial-Precise Plan).
III. Finding for Approval of Rezoning.
The City Council finds that the Rezoning is consistent
with the City of Chula vista General Plan and the Chula Vista
Local Coastal Program, as' amended, and that the public
necessity, convenience, general welfare, and good zoning
practice support the Rezoning.
IV. Findings for Application of the P Precise Plan Modifier.
The City Council finds that the "P" Precise Plan Modifier
is appropriate for the Project site in that:
A. The subject property is unique by virtue of its access
and traffic circulation in that its westerly point of
access requires the construction of a bridge across a
wetlands, and its easterly access enters subject site
from the adjoining municipality of National City.
B. The property to which the "P" modifying district is being
applied is an area adjacent and contiguous to zones or
land uses allowing different land uses, to wit, SR-54 to
the north, IL (Limited Industrial) to the south and
southeast, CH-CZ (Heavy Commercial-Coastal Zone) (City of
National City) to the west, and CG-PD (General
Commercial-Planned Development) (City of National City)
to the east, and the development of a precise plan will
allow the area so designated to coexist between land
usages which might otherwise prove incompatible;
C. The area to which the IIp'' modifying district is applied
consists of two 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; thus
fJ#!flJ -1'~
Ordinance No.
P ãgë"5"
requiring special handling of the development on a
precise plan basis.
V. Precise Plan Guidelines.
The City cou~~il does hereby approve the application of
the following Precise Plan Guidelines to development of the
Project Site. Unless otherwise specified, all Conditions,
Guidelines and Code Requirements shall be fully completed to
the City's satisfaction prior to the approval of occupancy.
Unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title.
Precise Plan Guidelines:
A, Freestanding signage may be allowed adjacent to the SR-54
corridor in lieu of wall signage (height and size to be
determined), subject to review of an approval of the
Design Review Committee.
B. A 15' to 25' landscape buffer with enhanced landscaping
complementary to landscaping within the SR-54 right-of-
way shall be provided along the northerly property line
as a component of the Chula Vista Greenbelt.
VI. Consequence of Failure of Conditions.
If any of the foregoing conditions fail to occur, or if
they are, by their terms, to be implemented and maintained
over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have
the right to revoke or modify all approvals herein granted,
deny or further condition issuance of all future building
permits, deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein
granted, instituted and prosecute litigation to compel their
compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a
successor in interest by the city's approval of this
Ordinance.
VII. 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 at the
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Ordinance No.
p ãge6
City's election, in its sole discretion, shall be deemed to be
automatically revoked and of no further in force and effect.
VIII. Effective Date.
This ordinan~è shall take effect and be in full force on
the thirtieth day from and after its adoption.
Presented by Approved as to form by
4-
Robert A. Leiter
Director of Planning
(M: \ ohored\ottorney\ Walrezon. ord)
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