HomeMy WebLinkAboutPlanning Comm Reports/1994/09/28 (8)
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 1
2A. PUBLIC HEARING:
GPA-94-04/PCZ-94-C: Consideration of an amendment to
the General Plan and rezoning for 31.63 acres located south
of State Route 54 (SR54). between Broadwav (National
Citv Boulevard) and Fifth Avenue - National Avenue
Associates
A. BACKGROUND
National Avenue Associates have requested an amendment to the Chula Vista General
Plan and rezoning for 31.63 acres located south of the SR54 freeway, between Broadway
(National City Boulevard) and Fifth Avenue. The request consists of an amendment of
the Land Use Diagram of the General Plan from "Research and Limited Manufacturing"
to "Commercial Thoroughfare." The applicant also requests a rezoning from "I-L-P"
(Limited Industrial with Precise Plan modifier) and "C-C-P" (Central Commercial with
Precise Plan modifier). Please see Exhibit A.
The proposed General Plan amendment and rezoning actions are necessary to enable the
development of a 212,000 sq. ft. retail shopping center, which includes Walmart as the
major tenant. An amendment to the Town Centre II Redevelopment Plan (amendment
is enacted concurrent with approval of the GP A), a Local Coastal Plan Amendment and
a Bayfront Specific Plan amendment will be required (separate report). Other
discretionary actions not requiring Commission action include a Coastal Development
Permit, Precise Plan approval, and a Disposition and Development Agreement (DDA).
The Channelside Shopping Center Draft EIR (EIR-94-02) was circulated for public
review from June 16, 1994 to August 10, 1994. The closing public hearing before the
Planning Commission on August 10 on the Draft EIR concluded this public review
period. Comments received as a result of this public review related to traffic safety,
schools, and biology. Comments and responses are now included in the Final EIR
document, with corresponding appropriate text changes. Further discussion regarding
enviromnental issues is included later in this report.
The City of Chula Vista entered into an Memorandum of Understanding (MOU) with the
City of National City regarding the coordination on planning issues between a proposed
retail commercial project on the Dixieline site (National City Market Place) and the
proposed Channelside Shopping Center project.
In December, 1993, the Redevelopment Agency approved an semi-exclusive negotiating
agreement with the project proponent.
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 2
B. RECOMMENDATION
1. Adopt the attached draft Resolution recommending that the City Council adopt:
a. The attached draft City Council resolution to certify the FEIR; adopt
CEQA Findings, Mitigation Monitoring and Reporting Program, and
Statement of Overriding Considerations; amend the General Plan by
redesignating 31.63 acres depicted in Exhibit A from "Research and
Limited Manufacturing" to "Thoroughfare Commercial," and
b. The attached draft City Council ordinance to change the zone classification
from "I-P" to "C-C-P" for 31.63 acres depicted on Exhibit D, including
Precise Plan Guidelines contained therein.
C. DISCUSSION
1. Existing Site Characteristics
The subject site is located in the northern portion of the city bounded by Fifth
Avenue on the east, Broadway on the west, State Route 54 (SR54) on the north,
and the northerly line of the industrial development to the south. The site
consists of a total of 31.63 acres, is presently vacant, and contains approximately
10 acres of sensitive undeveloped open space. An existing 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 under Broadway. The site currently has direct access to an extension of
Fifth Avenue and will have access to Broadway from the west via a future bridge
and from North Fourth Avenue to the east via a 60 ft. access easement along the
southern edge of the existing Dixieline Lumber Company site.
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 3
2. Adiacent Zoning and Land Use (Please see Exhibits B & C)
General Plan
Designation Zoning ExiSting Land Use
North Freeway Freeway SR-54 Freeway
South Research and Limited "I-L-P" Limited Light industrial
Manufacturing Industrial subject to warehousing
Precise Plan
East Research and Limited C.V' "I-L-P" 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 Limited N.C.* "CH-CZ" Light industrial/commercial
Manufacturing Heavy and open space
Commercial-
Coastal Zone
* C.V. - Chula Vista / N.C. - National City
3. General Plan Amendment
The proposed amendment to the General Plan for 31.63 acres involves a
change in the General Plan Land Use Diagram designation for the subject
site from "Research & Limited Manufacturing" to "Commercial
Thoroughfare." The Land Use Diagram also depicts the Chula Vista
"Greenbelt" traversing east/west along the northerly edge of the project site,
as well as along the westerly edge of the site. The "Greenbelt" is described
in the General Plan as a "continuous 2S-mile open space and park system
around the city" linked by a trail system. The proposed General Plan
amendment from "Research and Limited Manufacturing" to "Commercial
Thoroughfare" does not propose to modify the "Greenbelt" designation
currently depicted on the Land Use Diagram. A relatively narrow strip of
developed "Research and Limited Manufacturing" designated property will
continue to front on Fifth Avenue and between existing major retail areas to
the east and the project site.
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 4
4. Rezoning
The proposed project involves an amendment to the zoning on the property,
changing from "I-L-P" (Limited Industrial subject to a Precise Plan) to "C-C-
P" (Central Commercial subject to a Precise Plan). Staff is recommending the
application of the Precise Plan modifier designation ("P") in order to establish
necessary development guidelines for development of the property. Please
see the findings necessary for the application of the "P" modifying district and
the proposed Precise Plan Guidelines contained within the attached draft City
Council Ordinance.
5. Public Input
On July 30, 1994, a public forum was conducted to address the proposed
project. The primary issue expressed involved the accommodation of truck
traffic patterns for the existing industrial users currently accessing from Fifth
Avenue.
6. Environmental Issues
a. Schools - The Final EIR states that appropriate mitigation for
anticipated school impacts is the current state-mandated building
permit fees. The school districts and the City have commissioned a
School Mitigation Study that examines future enrollment impacts and
is anticipated to be the basis for appropriate mitigation of enrollment
impacts. However, the study has not been completed, and it is not
expected to be prior to actions on the discretionary permit requests.
The school districts have indicated that the state-mandated fees are
not adequate to mitigate impacts associated with non-residential
development, however, no empirical data has been arrived at and
agreed upon that can support this position. Staff has surveyed other
jurisdictions to see if alternate mitigation, other than the state-madated
fees, is being applied to non-residential development and have found
that the state-mandated fees are being applied in every case. In view
of the school district's position, staff will continue to work with the
districts to resolve the issue.
b. Traffic Safety - Comments have been received from the attorneys for
GES Exposition Services, located at 491 Fifth Ave. (adjacent to the
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 5
project site) indicating a concern with the safety of project-related
traffic mixing with existing industrial-based truck traffic. The Final
EIR concluded that the potential impacts were not considered
significant under CEQA. Based on this determination, a
representative from GES has indicated that their recommended
mitigation measures may be reserved for future consideration rather
than being imposed at the time of approval of discretionary actions by
the City. The City will monitor traffic operations at this location in
the future to determine what, if any, conflicts arise and will work with
both property owners to resolve any potential problems.
c. Biology - Comments received on the Draft EIR requested more detail
on the proposed biological mitigation. Extensive detail has been
provided in the Final EIR and the US Fish and Wildlife Service has
indicated conceptual agreement with the plans (letter from USFWS
dated September 7, included in the Final EIR).
E. ANALYSIS
Future development of the light industrial land uses at this location will be
constrained by the relatively small size of the development area, the high visual
exposure of the area to adjacent major roadways, and the transition of adjacent areas
to commercial. Existing retail commercial property is located to the east, at the
northwest quadrant of North Fourth Avenue and 'C' Street, and the City of National
City has plans to develop the existing Dixieline Lumber Company site into a retail
commercial center. Access to the project site will occur via a 60 ft. wide easement
across the Dixieline site.
Development of the project site as retail commercial would continue a transition of
the area from light industrial uses to commercial 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. The redesignation and
rezoning would allow the area to evolve and encourage its present direction of
commercialization in an orderly and planned manner. Additionally, the proposed
amendment would foster the economic and physical revitalization of the Central
Chula Vista Community and urban core of the City.
Application of the "P" (Precise Plan) Modifying District to the property and the
requisite review by the Design Review Committee of a Precise Plan is deemed
necessary in order to assure compatibility of a variety of different land uses in the
area, and implementation of the Chula Vista "Greenbelt." The proposed interlinking
City Planning Commission
Agenda Item for Meeting of September 28, 1994
Page 6
trail system envisioned as part of the "Greenbelt" will occur on the levee of the
Sweetwater Flood Control Channel, north of the project site; however a visual open
space buffer will be pursued with development and redevelopment of properties
along the southern edge of SR-54, consistent with the "Greenbelt" designation. A
Precise Plan guideline calling for a 15 ft. to 25 ft. wide landscape buffer is being
proposed with the zoning action. Additionally, the proposed project preserves
significant open space within the Sweetwater River recharge area along the westerly
edge of the property, consistent with the "Greenbelt" designation. Findings for the
application of the "P" modifying district are contained within the attached draft City
Council Ordinance. The following are Precise Plan Guidelines for development of
the property:
a. Freestanding signage may be allowed adjacent to the SR-54 corridor in lieu
of wall sign age (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.
On July 25, 1994, the Design Review Committee conducted a review of the Precise
Plan for the proposed Channelside Shopping Center and recommended conditional
approval to the Redevelopment Agency. The Committee indicated that the project
would have to adhere to any Precise Plan guidelines applied to the property through
this zoning action and would be required to return for additional review if any
modifications to the plan were necessary.
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CHULA VISTA PLANNING DEPARTMENT
C) APPLICANT: National Avenue Associates PROJECT DESCRIPTION:
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CHANNEL SIDE SHOPPING CENTER
CAlE NO.:
GPA - 94 - 04
PItOJECT LOCATION;
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CASE NO.:
GPA - 94 - 04
AMICANI' NaI\OnQI Avenue ~1aI..
SCALI:
IINGLE-fAMIL Y RESlDEN1\AI. ZONE
APARlMENT RESIDEN1\AI. ZONE (32 d'4loc )
MOBILE HOME PARK ZONE
CEN1RAL COMMERCIAL ZONE
CEN1RAL COMMERCIAL ZONE . DESIGN CONTROL OIST.
CEN1RAL COMMERCIAL ZONE . PRECISE PLAN OIST.
1HOROUGHFARE COMMERCIAL ZONE
THOROUGHFARE COM. ZONE - PRECISE PLAN OIST.
VISITOR COMMERCIAL ZONE. PRECISE PLAN 0151.
UMItED INDUSTRIAL ZONE
PROJECt LOCAtiON: a ADD
So""""''' corner of Broadway and SR-54
000
200 FI.
EXISTING ZONING DESIGNATIONS
CITY Of CHUIA VISTA. PLANNIHG DEP"""WENT
ADVANCE DIVISION - 0611619. C. RIAl
EXHIBIT: C
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SCALE:
DATE:
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PCZ-94-C
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. EXHIBIT D
CHULA VISTA PLANNING DEPARTMENT
I HEREBY CERTIFY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANa
BY THE CITY COUNCL ON
an CUJII(
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ZONING MAP -
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PLANNING COMMISSION
RESOLUTION NO. GPA-94-02/PCZ-94-C
RESOLUTION NO. GPA-94-04/PCZ-94-C
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR
94-02) FOR THE CHANNELSIDE SHOPPING CENTER; MAKE
CERTAIN FINDINGS OF FACT RELATING TO THE FEASIBILITY
OF MITIGATION MEASURES AND PROJECT ALTERNATIVES;
ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM; ADOPT A STATEMENT OF OVERRIDING
CONSIDERATIONS; AMEND THE GENERAL PLAN AND REZONE
31.63 ACRES OF LAND LOCATED AT THE TERMINUS OF NORTH
FIFTH A VENUE FROM "RESEARCH & LIMITED
MANUFACTURING" AND "I-L-P" (LIMITED INDUSTRIAL-PRECISE
PLAN) TO "COMMERCIAL THOROUGHFARE" AND "C-C-P"
(CENTRAL COMMERCIAL-PRECISE PLAN)
WHEREAS, a duly verified application for a General Plan Amendment, and rezoning of
property was filed with the Planning Department of the City of Chula Vista on January 21, 1994
by National Avenue Associates; and
WHEREAS, said application requests that approximately 31.63 acres located at the
terminus of North Fifth Avenue be redesignated from "Research and Limited Manufacturing"
to "Commercial Thoroughfare" on the General Plan Land Use Diagram, and rezoned from "I-L-
P" (Limited Industrial-Precise Plan) to "C-C-P" (Central Commercial-Precise Plan); and
WHEREAS, the development of the 31.63 acres, constituting APN's 562-324-02 and
562-324-04, was the subject matter of a Design Review application (DRC-94-37) which was
heard by the Design Review Committee on July 25, 1994, and recommended for approved by
the Redevelopment Agency by a 4 to 1 vote; and
WHEREAS, the Planning Director set the time and place for a hearing on said General
Plan Amendment and Rezoning application and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 1,000 feet of the exterior boundaries of the property at least twenty one
days prior to the hearing in accordance with Government Code Sections 65358,65090 and 65091
(a) I and 2 and Chula Vista Municipal Code Section 19.12.070; and
WHEREAS, on July 25, 1994, the Resource Conservation Commission accepted
Environmental Impact Report, EIR-94-02, by a vote of 4 to 1; and
WHEREAS, the Environmental Review Coordinator conducted an Environmental Impact
Report, EIR-94-02, of potential environmental impacts associated with the implementation ofthe
project and has concluded that, with the exception of regional air quality impacts, there would
be no significant environmental impacts which could not be mitigated to level less than
significant, and recommends certification of Final Environmental Impact Report FEIR -94-02 and
the adoption of Findings of Fact ("CEQA Findings"), a Mitigation Monitoring and Reporting
Program, and a Statement of Overriding Considerations; and
WHEREAS, the Planning Commission finds that the Final EIR, the CEQA Findings, the
Mitigation Monitoring Program and the Statement of Overriding Considerations prepared for the
project have been prepared in full compliance with the California Environmental Quality Act and
its Guidelines; and
WHEREAS, a hearing was held at the time and place as advertised, namely 7:00 p.m.
September 28, 1994 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission regarding the Final Environmental Impact Report, FEIR-94-02, the General Plan
Amendment, the rezoning and related discretionary land use recommendations, and said hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission recommends
that after full consideration of FEIR-94-02, the City Council certify the Final Environmental
Impact Report FEIR-94-02, and adopt CEQA Findings, a Mitigation Monitoring and Reporting
Program and a Statement of Overriding Considerations.
BE IT FURTHER RESOLVED THAT from the facts presented to the Planning
Commission, that it recommends that, after due consideration and certification of the FEIR-94-
02 and adoption of findings with respect to FEIR-94-02, the City Council enact the draft
ordinance and resolution as attached hereto to amend the General Plan and rezone 31. 63 acres
of land located at the terminus of North Fifth Avenue subject to the findings, conditions and
precise plan guidelines found therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
owners of the property and to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 28th day of September, 1994 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher II, Chairman
ATTEST:
Nancy Ripley, Secretary
(M:\SHARED\CHSIDEPC.RES)
DRAFT CITY COUNCIL RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 94-
02) FOR THE CHANNELSIDE SHOPPING CENTER; MAKING CERTAIN
FINDINGS OF FACT RELATING TO THE FEASIBILITY OF MITIGATION
MEASURES AND PROJECT ALTERNATIVES; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM; ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS; AND AMENDING THE GENERAL
PLAN FOR 31.63 ACRES LOCATED AT THE TERMINUS OF NORTH
FIFTH AVENUE FROM RESEARCH AND LIMITED MANUFACTURING
TO COMMERCIAL THOROUGHFARE;
I. Recitals.
A. Project Site.
WHEREAS, the area of the land which is subject of this ordinance is diagrammatically
represented on Exhibit A. attached hereto and incorporated herein by reference; consists of 31.63
acres located at the terminus of North Fifth Avenue and identified as APN 562-324-02 and 562-
324-04 ("Project Site"); and,
B. Project.
WHEREAS, a person having control over all or a portion of the development of the
Project Site, to-wit: National Avenue Associates ("Developer") has filed an application with the
City for approval of a General Plan Amendment and Rezoning of property consisting of
approximately 31.63 acres of land located at the terminus of North Fifth Avenue and
diagrammatically presented on the area map attached hereto as Exhibit A, as such project is more
particularly described in Final Environmental Impact Report. FEIR-94-02, ("Project"); and
C. Application for Discretionary Approvals.
WHEREAS, on January 21, 1994, the Developer filed applications with the City of Chula
Vista 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,
D. Planning Commission Record on Applications.
WHEREAS. a public hearing on the Discretionary Approvals Applications and/or the
Final EIR was duly noticed 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 the Discretionary Approvals Applications, took evidence as set forth in the record of
its proceedings. which are incorporated herein by reference as if set forth in full, made certain
Resolution No.
Page 2
findings as set forth in their Recommending Resolution GPA-94-02/PCZ-94-C, and recommended
to the City Council the approval of said Discretionary Approvals Applications based on certain
terms and conditions; and,
E. City Council Record on Applications.
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on October 18, 1994 on the Discretionary Approvals Applications, and
to receive the recommendations of the Planning Commission, and to hear public testimony with
regard to same: and,
F. Discretionary Approvals Ordinance.
WHEREAS, at the same City Council meeting at which this Resolution is being
considered, the City Council of the City of Chula Vista will also consider placing on first reading
an Ordinance, Ordinance No. , by which they may approve the Rezoning ("Discretionary
Approvals Ordinance");
G. Compliance with the California Environmental Quality Act ("CEQA")
WHEREAS, based on a preliminary review of the Project the Staff of the City ("Staff")
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 ("CEQA") to prepare an Environmental Impact Report (CEQA
Guidelines Sec. 15061); and
WHEREAS, City retained the services of a Consultant to prepare the E1R on the Project;
and
WHEREAS, a draft Environmental Impact Report dated June 1994, evaluating the
proposed Channels ide Shopping Center was prepared and was transmitted by the Chula Vista
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 of Chula Vista; 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
Resolution No.
Page 3
WHEREAS. on July 25, 1994 the Resource Conservation Commission accepted
Enviromnental Impact Report, E1R-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 Enviromnental Impact Report on
August 10, 1994; and
WHEREAS, public comments have been addressed in the Final Enviromnental1mpact
Report for the Channelside Shopping Center dated September. 1994; and
WHEREAS, the Final Enviromnentallmpact Report was prepared in accordance with the
provisions of the California Enviromnental Quality Act and its applicable Guidelines.
WHEREAS, The City Council of the City of Chula Vista has reviewed, analyzed and
considered FElR 94-02, the enviromnental impacts therein identified for this Project; the Findings
of Fact ("CEQA Findings"), Mitigation Monitoring and Reporting Program and Statement of
Overriding Considerations attached to the Discretionary Approvals Resolution as Responsible
Agency; and
WHEREAS, The City Council does finds that FEIR 94-02, the CEQA Findings, the
Mitigation Monitoring and Reporting Program. and the Statement of Overriding Considerations
have been prepared in accordance with requirements of the California Enviromnental Quality Act
(CEQA), the State EIR Guidelines, and the Enviromnental Review Procedures of the City of
Chula Vista as also adopted in Resolution No.
WHEREAS, the City Council finds that FElR 94-02 reflects the independent judgement
of the City of Chula Vista City Council.
NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows:
H. Planning Commission Record.
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Draft ElR, held on August 10, 1994, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
HI. Conditional Approval of General Plan Amendment.
The Chula Vista General Plan Land Use Diagram is amended as set forth and
diagrammatically shown on the attached Exhibit A subject to the General Conditions hereinbelow
set forth. The City Council also finds that the project, including but not limited to the General
Plan Amendment, the rezone and the Local Coastal Plan Amendment, including supporting
documents, is and will be consistent with the general plan as amended by this Resolution.
Resolution No.
Page 4
IV. General Conditions of Approval.
The approval of the foregoing Discretionary Approvals Applications which are stated to
be conditioned on "General Conditions," are hereby conditioned as follows:
A. Project Site is Improved with Project.
Developer, or their successors in interest, shall improve the Project Site with the Project
as described in the FEIR, except as modified by this Resolution.
B. Discretionary Approvals Ordinance Becomes Effective.
The Discretionary Approvals Ordinance, is introduced, adopted and becomes effective.
C. Implement Mitigation Measures.
Developer shall diligently implement, or cause the implementation of, all mitigation
measures identified in the FEIR that are found by this Resolution to be feasible.
D. Implement the Mitigation Monitoring and Reporting Program.
Developer shall implement. or cause the implementation of, the Channels ide Shopping
Center Mitigation Monitoring and Reporting Program.
V. 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 Resolution.
VI. FEIR Certification, CEQA Findings, Mitigation Monitoring Program, and Statement of
Overriding Considerations.
A. Certification of Final EIR, FEIR-94-04
The City Council does hereby certify the final Environmental Impact Report, FEIR-94-02
as being prepared in accordance with the provisions of the California Environmental
Quality Act and its Guidelines.
Resolution No.
Page 5
B. Adoption of CEQA Findings.
The City Council does hereby approve, accept as its own incorporate as if set forth in
full herein, and make each and every one of the findings contained in the CEQA Findings
attached to the Discretionary Approvals Resolution.
C. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in the FEIR for the Channels ide Shopping Center
and in the CEQA Findings the Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures
described as feasible in the above referenced documents, are feasible, and will become
binding upon the entity (such as the project proponent, the City, or the school district)
assigned thereby to implement same.
D. Infeasibility of Alternatives.
As is also noted in the above referenced environmental documents described in the above
subparagraph B, each of the alternatives to the project which were identified as
potentially feasible in the EIR are found not to be feasible since they could not meet both
the objectives of the Project and avoid the identified significant environmental effects
through implementation of feasible mitigation measures for the reasons set forth in said
CEQA Findings.
E. Adoption of Mitigation Monitoring and Reporting Program.
As required by the Public Resources Code Section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program ("Program"). The Council
hereby finds that the Program is designed to ensure that during project implementation
the permittee/project applicant and any other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the Findings
and the Program.
F. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures and any feasible alternatives,
certain significant or potentially significant environmental effects caused by the project,
or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista
hereby issues, pursuant to CEQA Guideline Section 15093, the Statement of Overriding
Considerations in identifying the specific economic, social, and other considerations that
render the unavoidable significant adverse environmental effects acceptable.
Resolution No.
Page 6
VII. Notice of Determination.
The Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this project to ensure that a Notice of Determination is filed with the County
Clerk of the County of San Diego.
VlII. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that
in the event that anyone or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the City so determines in its sole
discretion, this ordinance shall be deemed to be automatically revoked and of no further in force
and effect ab initio.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
(M:\SHARED\CHSIDECC.res)
EXHIBIT A
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CBULA VISTA PLANNING DEPARTMENT
(!) APPLICANT: National Avenue Associates PROJECT DESCRIPTION:
ADDRESS: SJ:C Broan.,' aDd Sl\-54 tBANNEL SIDE SHoPPING Mi',NTER
QwngI General PI8n 1..:.,.don 110m "F1awoch arid
SCALE: FILF. NUMBER: Unbd ~ tEl "CoII'...aaI 'f11orDUIIhI8IW'
NORTH 1" - 800' GPA-94-04 E)(HI8!T: A
FINDINGS OF FACT
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
BEFORE THE CITY COUNCil
OFTHE
CITY OF CHUlA VISTA
RE: PROPOSED CHANNELSIDE SHOPPING CENTER
FINDINGS OF FACT
I. DESCRIPTION OF THE PROJECT
The 32.5-acre project site is located in the northwestern portion of the City of Chula Vista in the County
of San Diego, approximately one mile east of the San Diego Bay. The City of National City borders
the west, north and a portion of the eastern project limits. State Route 54 extends along the northern
project boundary. Local access to the site is provided by National City Boulevard (Broadway) to the
west and 5th Avenue to the south. The historic Sweetwater River flows through the western portion
of the project site.
The Channelside Shopping Center project consists of the development of a regional retail commercial
shopping center totaling 219,219 square feet in floor space. Within the 22-acre area proposed for
development, specific uses would include a 149,289 square foot anchor store, a 52,640 square foot
co-anchor retail store, 10,790 square feet of additional retail space and a 6,500 square foot retail/
restaurant. Approximately 10 acres encompassing the historic Sweetwater River in the western portion
of the site and a drainage in the southern portion of the site are not proposed for development, with
the exception of a fill bridge proposed to cross the historic Sweetwater River. The fill bridge would
provide vehicular access from National City Boulevard to the project site.
Discretionary actions associated with the proposed project include amendments to the Chula Vista
General Plan and Town Center II Redevelopment Plan from Limited-Industrial to Commercial-
Thoroughfare. A rezone, Local Coastal Program amendment and Coastal Development Permit would
also be required. Construction of the fill bridge through the historic Sweetwater River may require
permits from the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service, and/or the
California Department of Fish and Game.
II. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth in the following pages, the administrative record of the
City Council decision on this project shall consist of the following:
1. The Draft and Final Supplemental EIR for the project;
2. All reports, memoranda, maps, letters and other planning documents prepared by the
environmental consultant and the City that are not privileged communications under the Public
Records Act;
3. All documents submitted by members of the public, and public agencies in connection with
the proposed project;
4. Minutes and verbatim transcripts of all public meetings and public hearings held by the City;
Channelside Shopping Center fiR
Pg. J
5. Any documentary or other evidence submitted at public meetings and public hearings; and
6. Matters of common knowledge to the City, including but not limited to, the following:
a) Chula Vista General Plan -2010
b) Chula Vista Zoning Ordinance
c) Chula Vista Threshold/Standards Policy
d) Town Center II Redevelopment Plan
e) Mitigated Negative Declaration for Dixieline Drainage Channel Realignment (15-93-
037)
f) Chula Vista, City of. 1993a. Addendum Mitigated Negative Declaration 91-50B Fifth
Avenue Golf Range Sports Center. January 19.
g) Chula Vista, City of. 1991. Mitigated Negative Declaration for the Chula Vista
Industrial Complex, Case No. 15-91-50. May.
h) Chula Vista, City of. 1992. Final Mitigated Negative Declaration for the Fifth Avenue
Golf Range/Sports Center, Case No. 15-91-50. June 23.
III. TERMINOLOGYITHE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in an EIR for a proposed project, the approving agency must issue a written finding reaching
one or more of three allowable conclusions. The first is that "[c]hanges or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR." The second potential finding is that "[s]uch changes
or alterations are within the responsibility and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by such other agency or can and should be
adopted by such other agency." The third permissible conclusion is that [s]pecific economic, social
or other considerations make infeasible the mitigation measures or project alternative identified in the
Final ElR.
As regards the first of the three potential finding, the CEQA Guidelines do not define the difference
between "avoiding" a significant environmental effect and merely "substantially lessening" such an
effect. The meaning of these terms therefore must be gleaned from other contexts in which they are
used. Public Resources Code Section 21081, on which CEQA Guideline Section 15091 is based, uses
the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent
with Public Resources Code Section 21001, which declares the Legislature's policy disfavoring the
approval of projects with significant environmental effects where there are feasible mitigation measures
or alternatives that could "avoid or substantially lessen" such significant effects.
For purposes of these findings, the term "avoid" will refer to the ability of one or more mitigation
measures to reduce an otherwise significant effect to a less-than-significant level. In contrast, the term
"substantially lessen" will refer to the ability of such measure or measures to substantially reduce the
severity of a significant effect, but not to reduce the effect to a level of insignificance. Although CEQA
Guidelines Section 15091 requires only that approving agencies specify that a particular significant
effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will
specify whether the effect in question has been fully avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened (and thus remains significant). Moreover,
although Section 15091, read literally, does not require findings to address environmental effects that
Pg. 2
Channelside Shopping Cen[er fiR
an EIR identifies as merely "potentially significant," these findings will, where appropriate, nevertheless
fully account for all such effects identified in the Final EIR.
IV. lEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures outlined in the
Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista
(City) hereby binds itself and any other responsible parties to implement those measures. These
findings, in other words, are not merely informational or hortatory, but constitute a binding set of
obligations that will come into effect when the City adopts a resolution approving the project.
V. MITIGATION MONITORING AND REPORTING PROGRAM
As required by the Public Resources Code Section 21081.6, the City Council of the City of Chula Vista,
in adopting these findings, also adopts a mitigation monitoring and reporting program. The program
is designed to ensure that, during project implementation, the City and other responsible parties
comply with the feasible mitigation measures. That program is described in the document entitled,
Channe/side Shopping Center Mitigation Monitoring and Reporting Program.
VI. SIGNIFICANT AND POTENTIAllY SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final EIR identified one significant and several potentially significant environmental effects (or
impacts) that the proposed Shopping Center development would cause. These potentially significant
effects will be adopted through the adoption of feasible mitigation measures, while one cannot be
avoided.
Potentially Sienificant Effects
The following environmental effects, which would be significant (or potentially significant) in the
absence of mitigation measures, can be avoided because of the adoption of mitigation measures. Page
numbers of the Final ElR where the impacts are discussed follow each impact.
land Use
o Implementing the crossing from National City Boulevard to the site would result in impacts to
coastal salt marsh. This is considered to be a significant land use inconsistency with the lCP
which calls for preservation of wetlands (FEIR, p. 4.1-13).
o The project as designed would result in impacts to the Chula Vista Greenbelt designation on
the project site. Impacts associated with encroachment into the Chula Vista Greenbelt are
considered to be significant (FEIR, p. 4.1-12).
Air Oualitv
o Implementation of the proposed project during the construction phase would result in a
significant short term local and cumulative impact to air quality (PMIO) (FElR, p. 4.3-7).
o The project's impacts to ozone levels contribute to a cumulatively significant regional impact
that is not mitigable at the project level.
Channelside Shopping Center fiR
Pg. 3
Biolol!ical Resources
o Direct impacts to 0.06 acre (250 linear feet) of unvegetated drainage are considered significant
because the drainage represents waters of the U.S. under the jurisdiction of the U. S. Army
Corps of Engineers and wetlands under the jurisdiction of the California Department of Fish and
Game (FEIR, p. 4.6-7).
o Direct and indirect impacts to coastal salt marsh habitat as a result of bridge construction are
considered significant. Coastal salt marsh is a rare and depleted habitat type; it is recognized
as wetland habitat by the California Department of Fish and Game and the U. S. Army Corps
of Engineers. In addition, it may support the salt marsh skipper (FEIR, p. 4.6-7).
o Direct impacts to Coulter's salt marsh daisy are considered significant (FEIR, p. 4.6-7).
o Potential indirect impacts to the light-footed clapper rail and Belding's savannah sparrow as a
result of construction noise are considered significant (FEIR, p. 4.6-7).
Public Services and Utilities
o Implementation of the proposed project would increase the intensity of use on the site and
would result in significant impacts to schools (FEIR, p. 4.7-10).
Traffic Circulation
o Implementation of the proposed project without a connection to the National City
Boulevard/35th Street intersection is not proposed since this option was not analyzed and total
project traffic impacts are not known under this untested scenario (FElR, p. 4.8-26).
o Implementation of the proposed project would result in unacceptable LOS (< D) for the 5th
Avenue/C Street intersection if left unsignalized (FEIR, p. 4.8-26).
o Implementation of the proposed project would result in an adverse traffic impact at 4th Avenue
and Brisbane Street without signalization and additional capacity for the southbound and
eastbound approaches (FEIR, p. 4.8-26).
o Implementation of the proposed project would slightly worsen an unacceptable future LOS
peak hour condition on SR-54 west bound off-ramp at Highland Avenue and Broadway and
E Street (FEIR, p. 4.8-26).
Geolol!Y
o Because of the moderate to high erosion hazard, unsuitable imported fill material, and low
strength an high settlement characteristics of the site geology, development of the site in its
existing condition would be a potentially significant impact to proposed structures (FEIR, p. 4.9-
8).
o The seismic hazard potential is considered high and is therefore a potentially significant impact
to proposed structures and public safety (FEIR, p. 4.9-9).
Channels;de Shopping Center fiR
Pg. 4
o Due to the presence of potential seismic activity, existing shallow groundwater and silty sandy
soils, the potential for seismically induced liquefaction occurring on-site is high and represents
a potentially significant impact to proposed structures (FEIR, p. 4.9-9).
Hydrolol!vlWater Ouality
o The potential for a hydraulic capacity deficit in the earthen channel which runs along the
southerly portion of the project site to convey 50-year ultimate storm flows in accordance with
City design and threshold standards is considered a potentially significant impact.
Short-Term
Erosion and sedimentation impacts resulting from earth movement and grading would be
significant during construction of the proposed project.
Long-Term
Urban runoff from the proposed project would contribute to a cumulatively significant impact
to water quality.
Significant Effects
The proposed project would result in the following irreversible environmental changes:
o Significant impacts to air quality associated with project implementation have been identified.
Although the project's impacts to ozone levels are not considered individually significant, they
contribute to a cumulatively significant regional impact that is not mitigable at the project level
(FEIR, p. 4.3-7).
As described in the Statement of Overriding Considerations, the City Council has determined that this
impacts are acceptable because of overriding economic, social and other considerations.
The subsections below restate all of the above-identified impacts and the mitigation measures are
recommended to be adopted to avoid impacts (or the reasons the mitigation measures or alternatives
are infeasible due to specific economic, social or other considerations). There are no measures or
alternatives that are within the responsibility and jurisdiction of another public agency to adopt or
implement.
A. LAND USE
Potentiallv Sil!nificant Effect: Implementing the crossing from National City Boulevard to the site
would result in impacts to coastal salt marsh. This is considered to be a significant land use
inconsistency with the LCP which calls for preservation of wetlands (FEIR, p. 4.1-13).
Findinl!: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.1-15;4.1-16).
Channe/side Shopping Center fiR
Pg.5
The land use impact associated with the inconsistency of the project with the wetlands preservation
goals of the LCP, which have resulted from impacts to sensitive wetlands habitat and species, will be
mitigated by on-site revegetation at a 3:1 ratio. Mitigation for this impact is further described in Section
4.6, Biologv. This mitigation would reduce inconsistency with wetland preservation goal impacts to
a less than significant level and would serve as the Environmental Management Program as required
by the LCP.
Potentiallv Silmificant Effect: The project as designed would result in impacts to the Chula Vista
Greenbelt designation on the project site. Impacts associated with encroachment into the Chula Vista
Greenbelt are considered to be significant (FEIR, p. 4.1-12).
FindiDl~s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.1-16).
The land use impacts associated with Chula Vista Greenbelt inconsistencies on the project site shall
be mitigated by providing a 15-25 ft. wide landscape striplbuffer along the northerly property line. In
addition, enhanced landscaping necessary to implement the visual aspects of the Greenbelt, in concert
with the ongoing landscape program for the SR-54 freeway right-of-way, shall be installed within this
landscape striplbuffer as well as along the back edge of the 1 DO-ft. wetlands buffer. Plant materials for
each of these areas shall be subject to approval of the City's Landscape Architect and shall also be
consistent with the goals of the current LCP and Coastal Development Permit for the Sweetwater River
area.
B. AIR QUALITY
Potentiallv Silmificant Effects: Implementation of the proposed project during the construction phase
would result in a significant short term local and cumulative impact to air quality (PMlO) (FEIR, p. 4.3-7).
Findings: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 3.1-5).
o Revegetation of disturbed areas shall be conducted within 15 days of completion of grading.
o Active grading sites shall be watered at least twice daily.
o Spoil, import, export, or other stock piles (sand, gravel, etc.) excluding surcharge material, shall
be enclosed, covered, or watered twice daily.
o Trucks hauling dirt, sand or gravel or other loose material shall be covered and should maintain
a two-foot freeboard.
Channels ide Shopping Center fiR
Pg.6
o Vehicle wheel washers, or other methods acceptable to the City Engineer, shall be installed
where vehicles exit the project site.
o Ultimate deposition of export material off-site would require that the applicant demonstrate the
inclusion of erosion control measures and compliance with other requirements as determined
necessary by the City of National City or the City of San Diego.
Si!:nificant Effect: The project's impacts to ozone levels contribute to a cumulatively significant
regional impact that is not mitigable at the project level (FElR, p. 4.3-7).
Findinl!s: No mitigation measure(s) is/are presently available to avoid this impact at the project level.
Mitigation of this impact relies on regional programs to reduce regional air pollution. As described in
the Statement of Overriding Considerations, however, the City Council has determined that this impact
is acceptable because of overriding economic, social, and/or other considerations.
C. BIOLOGICAL RESOURCES
Potentiallv Si!j:nificant Effect: Direct impacts to 0.06 acre (250 linear feet) of unvegetated drainage are
considered significant because the drainage represents waters of the U.S. under the jurisdiction of the
U. S. Army Corps of Engineers and wetlands under the jurisdiction of the California Department of Fish
and Game (FEIR, p. 4.6-7).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final ElR.
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 3.1-5).
Proposed mitigation for impacts to the drainage include reconfiguration and maintenance of a new
drainage channel. It is likely that an individual Section 404 permit pursuant to the Clean Water Act
will not be required because the impact is less than an acre. Owing to the limited acreage involved,
the project is likely to be covered by the Nationwide permit process. However, a Section 1603
Streambed Alteration Agreement pursuant to the California Fish and Game code will be required prior
to construction activities. Application for the 1603 agreement will need to be accompanied by
biological documentation of the site and a conceptual revegetation and monitoring plan. This plan
may include measures such as limitations on grading, erosion control measures, revegetation and plant
survival criteria, subject to the approval of permitting agencies.
Potentiallv Si~nificant Effects: Direct and indirect impacts to coastal salt marsh habitat as a result of
bridge construction are considered significant. Coastal salt marsh is a rare and depleted habitat type;
it is recognized as wetland habitat by the California Department of Fish and Game and the U. S. Army
Corps of Engineers. In addition, it may support the salt marsh skipper (FEIR, p. 4.6-7).
Findim!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Channe/side Shopping Center ElR
Pg. 7
Miti\:ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FElR, p. 4.6-7).
Impacts to coastal salt marsh are the direct result of the proposed bridge connecting the project with
Broadway to the west of the site. For purposes of this impact analysis, a "worst case scenario" has been
assessed, i.e., the most intrusive bridge design has been evaluated. It is strongly recommended that
the bridge design that is the least intrusive into the coastal salt marsh habitat be selected, thereby
minimizing impacts to this sensitive habitat type. The "worst case" design not only results in the direct
loss of approximately 0.15 acre of salt marsh habitat, through fill and shading, but may adversely affect
the salt marsh to the north of the proposed bridge. Regardless of the final design, impacts to coastal
salt marsh shall be mitigated at a ratio of 3:1 by area, preferably on-site. Hence, excavation and salt
marsh revegetation should be conducted in the southwestern corner of the site adjacent to existing
coastal salt marsh habitat. It is likely that a Section 404 permit pursuant to the Clean Water Act will
not be required because the impact is less than an acre; i.e., the impact is likely to be covered by the
Nationwide permit process. However, a Section 1603 Streambed Alteration Agreement pursuant to
the California Fish and Game Code will be required prior to construction activities. Application for the
1603 agreement will need to be accompanied by biological documentation of the site and a
conceptual revegetation and monitoring plan.
Potentiallv Silmificant Effects: Direct impacts to Coulter's salt marsh daisy are considered significant
(FEIR, p. 4.6-7).
Findin!!s: Changes or alterations have been required in, or incorporated into the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Miti!!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.6-7).
Direct impacts to Coulter's salt marsh daisy shall be mitigated through salvage and transplantation on-
site prior to grading for construction.
Potentiallv Si!!nificant Effects: Potential indirect impacts to the light-footed clapper rail and Belding's
savannah sparrow as a result of construction noise are considered significant (FEIR, p. 4.6-7).
Findin!!s: Changes or alterations have been required in, or incorporated into the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Miti!!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.6-7).
Potential indirect impacts to the light-footed clapper rail and Belding's savannah sparrow shall be
mitigated by scheduling construction activities to avoid the breeding seasons of these two bird species,
which extend from March 15 to August 1. If the project applicant wishes to proceed with construction
activities during the breeding season, a focused survey must be conducted to ensure that neither
species is breeding and/or nesting in the salt marsh habitat on site. If breeding and/or nesting is
occurring, no construction activities that exceed 60 dB at the nest location shall be performed during
the breeding and/or nesting season.
Channe/sjde Shopping Center fiR
Pg. 8
D. PUBLIC SERVICES AND UTILITIES
Potentiallv Sil!nificant Effects: Implementation of the proposed project would increase the intensity
of use on the site and would result in significant impacts to schools (FEIR, p. 4.7-10).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: The following mitigation measure has been found to be feasible and has been
required as a condition of approval through these findings (FElR, p. 4.7-10).
The applicant shall pay State-mandated impact fees of $0.28 per square-foot of building area.
E. TRAFFIC CIRCULATION & PARKING
Potentiallv Sil!nificant Effects: Implementation of the proposed project without a connection to the
National City Boulevard/35th Street intersection is not proposed since this option was not analyzed and
total project traffic impacts are not known under this untested scenario (FEIR, p. 4.8-26).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.8-26).
The project applicant shall add a 4th leg (crossing) to the intersection of National City Boulevard at
35th Street. Project improvements include a connection between the project parking lot and National
City Boulevard, restriping on National City Boulevard, and signal modifications to provide for full
turning movements.
Potentiallv Sij:nificant Effects: Implementation of the proposed project would result in unacceptable
LOS (< D) for the 5th AvenuelC Street intersection if left unsignalized (FEIR, p. 4.8-26).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.8-26).
The applicant shall signalize the intersection of 5th Avenue at C Street.
Potentiallv Sil!nificant Effects: Implementation of the proposed project would result in an adverse
traffic impact at 4th Avenue and Brisbane Street without signalization and additional capacity for the
southbound and eastbound approaches (FEIR, p. 4.8-26).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final ElR.
ChanneJside Shopping Center fiR
Pg. 9
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.8-26).
o Project applicant shall construct an access road connection between the site and 4th Avenue.
The roadway should align across from Brisbane Avenue and have two left-turn lanes and one
through/right-turn eastbound approach lanes and two westbound lanes.
o Land use buildout of the Channelside Shopping Center, National City Marketplace and Target,
plus project cumulative traffic will necessitate that the access road be aligned concentric with
Brisbane Street at Fourth Avenue (ultimate improvements). For short term, prior to the
redevelopment of the property of the south (Target), the access road can be aligned
approximately 60 feet north of Brisbane Street creating an offset intersection at Fourth Avenue
to avoid encroachment onto the property occupied by Target.
o The ultimate objective however, is to achieve the concentric alignment with Brisbane. To this
end, staff has agreed if the ultimate improvements are not achieved at the time that the
Channelside Shopping Center/National City Marketplace projects proceed, the offset
intersection will be allowed providing that the cost of the interim improvements are borne by
the Channelside Shopping Center or National City Marketplace developers. Furthermore, these
two projects shall be conditioned to provide for the ultimate improvements. As such, a
condition will be placed on the approvals for the Channelside Shopping Center/National City
Marketplace projects to provide a pro-rata share of the ultimate improvements. Final design
approval will be subject to financial security via a bond, promissory note, or other such
financial mechanism to ensure participation. The terms of this condition will be further defined
in the agreement between the Cities of Chula Vista and National City regarding costs and
responsibilities for public improvements.
o If Channelside Shopping Center and National city Marketplace developers proceed with their
projects in advance of their ability to achieve the ultimate improvements, the project applicants
shall be responsible for not only the interim improvements, but for their pro-rate share of the
ultimate improvements when those improvements occur.
o Project applicant shall pay fair share cost to widen 4th Avenue on the west side between SR-S4
and the project driveway to provide a southbound right-turn lane.
o Project applicant shall pay fair share cost to install a traffic signal at the 4th Avenue/Brisbane
Avenue intersection.
Potentially Sil!nificant Effects: Implementation of the proposed project would slightly worsen an
unacceptable future LOS peak hour condition on SR-S4 west bound off-ramp at Highland Avenue and
Broadway and E Street (FEIR, p. 4.8-26).
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.8-26).
Channelside Shopping Center fiR
Pg. 10
o SR-54 westbound off-ramp at Highland Avenue. Applicant to pay fair share cost to widen the
ramp to allow a second westbound left-turn lane.
o Broadway at E Street. Applicant shall pay fair share cost to add eastbound left- and right-turn
lanes and a westbound right-turn lane.
F. GEOLOGY
Potentiallv Sis;nificant Effects: Because of the moderate to high erosion hazard, unsuitable imported
fill material, and low strength and high settlement characteristics of the site geology, development of
the site in its existing condition would be a significant impact to proposed structures.
Findins;s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitieation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.9-8).
o To mitigate adverse soil conditions, the applicant has been conducting surcharge operations
on the portions of the site that will accept loading from structures. The building areas are being
overburdened with soil to compress underlying soils to the point where they are suitable for
development. Prior to the issuance of grading permits, the applicant shall provide evidence
to the satisfaction of the City Engineer that satisfactory soil conditions have been achieved.
Potentially Sienificant Effects: The seismic hazard potential is considered high and is therefore a
significant impact to proposed structures and public safety.
Due to the presence of potential seismic activity, existing shallow groundwater, and silty sandy soils,
the potential for seismically induced liquefaction occurring on-site is high and represents a significant
impact to proposed structures.
Findinl;s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitieation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.9-8).
o Structural components of the proposed project shall be designed by a professionally California
State licensed structural engineer with specific experience in designing similar structures.
Structures shall be designed in accordance with the 1994 UBC guidelines. At a minimum,
structural design shall be done in accordance with the 1994 UBC Seismic Zone 4 factors.
Preliminary design shall be submitted to the Department of Building and Housing and shall be
in conformance with the current UBC at the time the application for a building permit is
submitted.
ChanneJside Shopping Center fIR
Pg. 11
G. HYDROLOGYIWATER QUALITY
potentiallv Sie:nificant Effects: The potential for a hydraulic capacity deficit in the earthen channel
which runs along the southerly portion of the project site to convey 50-year ultimate storm flows in
accordance with City design and threshold standards is considered a potentially significant impact.
Findine:s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final ElR.
Mitie:ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.10-15).
o The applicant shall demonstrate to the satisfaction of the City Engineer that the channel in the
southerly portion of the project site can provide for 50-year ultimate storm flows in accordance
with City design and threshold standards prior to issuance of a grading permit.
Potentiallv Sie:nificant Effects: Erosion and sedimentation impacts resulting from earth movement and
grading would be significant during construction of the proposed project.
Findine:s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Mitie:ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.10-15).
o Development of the Channelside Shopping Center project shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEPA) as set
forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for
urban runoff and stormwater discharge and any regulations adopted by the City of Chula Vista
thereto. Further, the applicant shall file a notice of intent with the State Water Resources
Control Board to obtain coverage under the NPDES General Permit for Storm water for
Discharges associated with construction activity an implement a Stormwater Pollution
Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include the erosion control and pollution prevention measures listed below under
4.10-c and Mitigation Measures 4.3 as listed in Section 4.3, Air Oualitv. pursuant to the City's
Grading Ordinance.
Potentiallv Sie:nificant Effects: Urban runoff from the proposed project would contribute to a
cumulatively significant impact to water quality.
Findine:s: Changes or alterations have been required in, or incorporated into, the project which will
avoid the potentially significant environmental effect identified in the Final EIR.
Miti{:ation Measures: The following mitigation measures have been found to be feasible and have
been required either as a condition of approval or have been made binding on the City through these
findings (FEIR, p. 4.10-15).
Pg. 12
ChanneJside Shopping Center fiR
o Acceptable pre-treatment devices or facilities installed on the on-site stormdrain system shall
be effective in the removal of urban pollutants. Adequate effectiveness shall be approved by
the City Engineer prior to approval of the grading permit. A maintenance schedule shall also
be submitted to the City Engineer. At a minimum, pre-treatment devices or facilities shall be
cleaned on a quarterly basis and prior to the rainy season (November 1).
VII. INFEASIBILITY OF ALTERNATIVES OTHER THAN THE PROJECT ALTERNATIVE (PUBLIC
RESOURCES CODE SECTION 21081 [B])
The approval of the project would cause significant unavoidable cumulative impacts by contributing
to existing regional air quality impact. The only way to mitigate this impact is to disapprove the project
and to not allow existing approved uses to be carried forward. Essentially, all future discretionary
projects would have to be denied. The decision makers reject this approach because it would not
achieve the City goals for productive use of the subject site. It is an explicit goal of the Chula Vista
General Plan and Town Center 11 Redevelopment Plan to increase the retail base of the City.
Additionally, the General Plan states as a goal to maintain or improve quality of life through responsible
management of growth, while providing services and amenities to residents and visitors, including
housing, open space and recreation shopping opportunities. In addition, the decision makers find that
the project will generate permanent jobs and result in a net positive fiscal impact from sales tax
revenue.
The decision makers have considered whether any of the project alternatives discussed in the EIR could
feasibly substantially lessen or avoid the identified significant effects. As will be explained below, the
decision makers conclude that none of the project alternatives could both meet the objectives of the
project and lessen or avoid the identified significant effects.
There were seven (7) alternatives including the proposed project evaluated in this Supplemental EIR.
Their characteristics are:
Alternative
Description
Project
Two major retail anchors and accompanying
commerciallrestaurant uses.
No Project
Maintain site in its current condition.
Existing General Plan and Zoning
Development of the project site in accordance with the
adopted research and limited manufacturing land use
designations and zoning.
Reduced Density Commercial
Building areas would be reduced by one third.
Alternative Site (1)
Otay Rio Business Park
Alternative Site (2)
Eastlake Business Park (Phase II)
Alternative Site (3)
Otay Ranch Eastern Urban Center
Channe/side Shopping Center fiR
Pg. 13
No Proiect Alternative
Adoption of the No Project Alternative would avoid potential impacts associated with the proposed
project. However, implementation of this alternative would not achieve the objectives of the adopted
General Plan and Town Center II Redevelopment Plan which call for providing retail uses within the
Central Chula Vista area.
Additionally, this alternative does not as effectively expand the retail tax base of the City of Chula Vista,
or provide the project's level of sales tax revenue to the City to enhance public services city-wide.
The No Project alternative would not meet the objectives of the project or the goals of the Town Center
\I Redevelopment Plan and General Plan Land Use Element. Additionally, implementation of this
alternative would reduce the anticipated sales tax revenue to the City. The alternative is, therefore,
rejected as infeasible.
Existine General Plan Desienation and Zonine
Development of the site in accordance with the adopted Research and Limited Manufacturing land use
designations would reduce, but not eliminate, environmental impacts of the proposed project and
would result in significant unmitigable impacts to air quality. As discussed in Section 4.3, Air Ouality
of the FEIR, cumulative impacts to air quality are due to regional conditions. Only adoption of the No
Project Alternative would avoid the project's contribution to the air quality impacts. Short of denying
this project and future projects, these cumulative impacts will incrementally increase.
Implementation of this alternative would be consistent with the General Plan. However, it would
conflict with the goals of the General Plan and the Town Center II Redevelopment Plan. As discussed
in Section 4.1, Land Use of the FElR, it is a goal of the Land Use Element of the General Plan as well
as the Town Center II Redevelopment Plan to provide for retail facilities in the Central Chula Vista area
to improve employment levels and the availability of retail uses.
Based on these factors, this alternative would not meet the objectives of the project or the goals of the
Town Center II Redevelopment Plan and the General Plan Land Use Element and therefore is rejected
as infeasible.
Reduced Density Commercial
Impacts associated with this alternative would be of a similar type to those anticipated under the
proposed project. However, for most of the impacts, the intensity or extent of the impact would be
reduced but not avoided under this alternative. Implementation of this alternative would result in
significant unmitigable impacts to air quality. Cumulative impacts to air quality are due to regional
conditions. Only adoption of the No Project Alternative would avoid the project's contribution to the
air quality impacts. Short of denying this project and future projects, these cumulative impacts will
incrementally increase.
Under the reduced square footage alternative, the project would not likely support a large, high
volume, discount retailer, thereby requiring a different type as well as size of commercial use than is
currently proposed. As a result, fiscal benefits would be reduced.
Channelside Shopping Cenfer ElR
Pg. 14
As discussed above, the significant unmitigated impacts of the proposed project would not be avoided
under this alternative and the economic benefit to the City would be reduced as compared to the
proposed project. The alternative is, therefore, considered to be infeasible.
Alternative Site (1)
With the exception of potential biological, hydrology, and greenbelt impacts associated with the
proposed project, implementation of the project at this location would not eliminate any significant
adverse impacts associated with the proposed location. As discussed in Section 5, Alternatives of the
FEIR, potentially significant land use impacts are associated with this site due to the current land use
designation of the site, Research and Limited Manufacturing, as well as potential conflicts associated
with siting a commercial use in a business park. Potentially significant traffic impacts are also
associated with this site due to access concerns. Implementation of a commercial use in an alternative
site would have similar impacts to air quality, schools, public utilities, and geology, as would
implementing a commercial project at the proposed site.
Additionally, implementation of the project at this location would not be consistent with the goals of
the General Plan and the Town Center II Redevelopment Plan. As discussed in Section 4.1, land Use
of the FElR, it is a goal of the land Use Element of the General Plan as well as the Town Center II
Redevelopment Plan to provide for retail facilities in the Central Chula Vista area to improve
employment levels and the availability of retail uses.
As discussed above, the significant unmitigated impacts of the proposed project would not be avoided
under this alternative. Additionally, this alternative would not meet the objectives of the project or the
goals of the Town Center II Redevelopment Plan and General Plan land Use Element. Based on these
factors, the alternative is rejected as infeasible.
Alternative Site (2)
With the exception of potential impacts to biological resources and hydrology associated with the
proposed project, implementation of the project at this location would not avoid any of the significant
impacts associated with the proposed location. As discussed in Section 5, Alternatives of the FElR, land
use impacts under this alternative would be considered potentially significant due to the current land
use designation of the site, Research and Limited Manufacturing, as well as potential conflicts with
siting a commercial use within a business park. Future projections indicate that traffic impacts on
surrounding roadways would also be potentially significant. Implementation of a commercial use in
an alternative site would have similar impacts to air quality, schools, public utilities, and geology, as
would implementing a commercial project at the proposed site.
Additionally, implementation of the project at this location would not be consistent with the goals of
the General Plan and the Town Center II Redevelopment Plan. As discussed in Section 4.1, land Use
of the FEIR, it is a goal of the land Use Element of the General Plan as well as the Town Center II
Redevelopment Plan to provide for retail facilities in the Central Chula Vista area to improve
employment levels and the availability of retail uses.
As discussed above, the significant unmitigated impacts of the proposed project would not be avoided
under this alternative. Additionally, this alternative would not meet the objectives of the project or the
goals of the Town Center II Redevelopment Plan and General Plan land Use Element. Based on these
factors, the alternative is rejected as infeasible.
Channe/side Shopping Cenfer fiR
Pg. 15
Alternative Site (3)
Implementation of the project at this alternative site is not considered to be environmentally superior
to the proposed project. Implementation of a commercial use at this alternative site would have similar
impacts to air quality, schools, public utilities, and geology, as would implementing a commercial
project at the proposed site.
Additionally, the infrastructure necessary to support the proposed project is not available and are not
scheduled for completion for the next five to ten years (FEIR, p. 5.0-6). Development of the proposed
project is scheduled for 1995 and 1996 and, therefore, infrastructure would not be available to serve
the project. For this reason, the Otay Ranch Eastern Urban Center site is not considered to meet the
objectives of the project.
As discussed above, the significant unmitigated impacts of the proposed project would not be avoided
under this alternative. Additionally, this alternative would not meet the objectives of the project.
Based on these factors, the alternative is rejected as infeasible.
Channe/side Shopping Center fiR
Pg. 16
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula Vista City Council, in approving the various
actions that are the subject of the Channelside Shopping Center FEIR, having considered and
independently judged the information contained in the FEIR and having reviewed and considered the
public testimony and record, makes the following Statement of Overriding Considerations in support
of the Findings and the action of the City Council approving the project.
The City Council finds and concludes that the public benefits of the project outweigh the identified
significant and unmitigated impacts to air quality set forth in the Findings. The decision makers find
that the following factors support approval of the project, despite the identified significant
environmental impact. Therefore, the City Council sets forth the following Statement of Overriding
Considerations:
1. The project will benefit the City by providing needed commercial goods and services in the
Central Chula Vista portion of the City, by serving a growing population base in that area and
by achieving stated goals and objectives of the General Plan and the Town Center II
Redevelopment Plan.
2. The project will result in a substantial net positive fiscal impact upon the City thereby allowing
for enhanced City services.
3. The project will benefit the City by generating approximately 350 new jobs, contributing to an
improved jobs to housing balance in the Central Chula Vista area.
4. As set forth in the Findings, mitigation measures have been incorporated into the project or
made binding on the applicant through the adoption of the Findings, which to the extent
feasible, reduce impacts to below a level of significance.
5. The City Council has carefully balanced the benefits of the project, as proposed, against its
unavoidable environmental risks and has determined that the risks are "acceptable" because
of the fiscal benefit to the city as well as the contribution of the project to achieving the land
use goals of the General Plan and Town Center II Redevelopment Plan.
Consequently, the Council believe that the proposed project is the superior alternative despite the
significant impacts to air quality that would result from implementation of the project.
Channe/side Shopping Center fiR
Pg. 17
CHANNELSIDE SHOPPING CENTER
MITIGATION MONITORING AND REPORTING PROGRAM
CHANNELSIDE SHOPPING CENTER
MITIGATION MONITORING AND REPORTING PROGRAM
Monitoring Program Description and Purpose
The California Environmental Quality Act requires aleadorresponsible agency that approves a project
where an Environmental Impact Report (EIR) has identified significant environmental effects, to adopt a
"reporting or monitoring program for adopted or required changes to mitigate or avoid significant
environmental effects."
The City ofChula Vista is the lead agency for the Channelside Shopping Center project. A Draft and
Final EIR were prepared for this project which addressed potential environmental impacts and, where
appropriate, either recommended mitigation measures to reduce identified significant impacts below
a level of significance or a recommended alternative to avoid the impact. A Mitigation Monitoring
and Reporting Program is required to ensure that the adopted mitigation measures are implemented.
The City ofChula Vista will adopt this Mitigation Monitoring and Reporting Program (MMRP) after
considering the Final EIR and if approval of the project occurs.
Roles and Responsibilities
The MMRP for the proposed project will be in place through all phases of the project, including final
design, pre-grading, construction and operation. The City ofChula Vista has the primary enforcement
role for the implementation of mitigation measures. The City's Environmental Review Coordinator
(ERC) will provide final approval for the completion of the implementation of mitigation measures.
The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be responsible for the
actual monitoring ofthe implementation ofthe mitigation measures. The MCC will interface with the
ERC, the City Engineer, the City Landscape Architect, the Construction Supervisor, and the
Construction Inspector(s), all who have some responsibility for the implementation of the mitigation
measures.
MMRP-I
9/15/94
Mitigation Monitoring and Reporting Procedures
The MMRP consists ofMitigationMonitoring and Reporting Program procedures, filing requirements, and
reporting and compliance certification. These procedures are outlined below.
Mitiration Monitoring and ReDortinr Program Procedures:
The Mitigation Monitoring and Reporting Program identifies the monitoring activity, the timing of
implementation of the mitigation measures, and the responsible agency or department that will verify
satisfactory implementation ofthe mitigation measures.
Mitigation Monitoring and Reporting Program Files
Files shall be established to document and retain the records of the MMRP. The files shall be
established, organized, and retained by the City ofChula Vista Planning Department.
ReDorting and Comvliance Verification
The City's Mitigation Monitoring Report forms are designed to record the monitoring activity in a
consistent manner with appropriate approvals. The forms will be completed and signed by the
individuals responsible for the monitoring and approval of the mitigation measures. These forms will
be placed in the MMRP files.
ProW'am O-perations
The following steps will be followed for implementation, monitoring, and verification of each
mitigation measure:
I. The City ofChula Vista, Environmental Review Coordinator (ERe), shall designate the MCC,
who will be responsible for monitoring the implementation of the mitigation measures.
2. The ERC shall provide to the MCC the Mitigation Monitoring Report forms; a copy of the
Mitigation Monitoring and Reporting Program checklist; and other pertinent information.
3. The MCC shall coordinate the implementation of the mitigation measures and shall complete
the MMRP form for each activity. The MCC shall then forward the report to the ERC for fmal
approval.
MMRP- 2
9/IS/94
4. All completed forms shall then be placed in the MMRP files.
Mitigation measures shall be implemented as specified bytheMitigationMonitoringandReporting Program
Summary. During any project phase, unanticipated circumstances may arise requiring the refinement or
additionofmitigationmeasures. TheERC, with advice rrom staff, is responsible forrecommending changes
to the mitigation measures, if needed. If mitigationmeasures are refined, the ERC shall complete a Mitigation
Monitoring Report F onn documenting the change, and shall notifY the appropriate design, construction, or
operations personnel about revised requirements.
MMRP - 3
9/15/94
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DRAFT CITY COUNCIL ORDINANCE
ORDINANCE NO.
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 AVENUE FROM I-L-P
(LIMITED INDUSTRIAL-PRECISE PLAN) TO C-C-P (CENTRAL
COMMERCIAL-PRECISE PLAN)
1. Recitals.
A. Project Site.
WHEREAS, the area of the land which is subject of this ordinance is diagrammatically
represented on Exhibit D (Exhibits A through C omitted), attached hereto and incorporated herein
by reference: consists of 31.63 acres located at the terminus of North Fifth Avenue and identified
as APN 562-324-02 and 562-324-04 ("Project Site"); and,
B. Project.
WHEREAS, a person having control over all or a portion of the development of the
Project Site. to-wit: National Avenue Associates ("Developer") has filed an application with the
City for approval of a General Plan Amendment and Rezoning of property consisting of
approximately 31.63 acres of land located at the terminus of North Fifth Avenue and
diagrammatically presented on the area map attached hereto as Exhibit A, as such project is more
particularly described in Final Environmental Impact Report, FEIR-94-02, ("Project"): and
C. Application for Discretionary Approvals.
WHEREAS, on January 21, 1994, the Developer filed applications with the City of Chula
Vista for (1) a General Plan Amendment from "Research and Limited Manufacturing" to
"Commercial Thoroughfare", and (2) Rezoning from "l-L-P" (Limited Industrial-Precise Plan)
to "C-C-P" (Central Commercial-Precise Plan) ("Discretionary Approvals Applications"); and,
D. Planning Commission Record on Applications.
WHEREAS, a public hearing on the Discretionary Approvals Applications and/or the
Final ElR was duly noticed 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 the Discretionary Approvals Applications, took evidence as set forth in the record of
its proceedings, which are incorporated herein by reference as if set forth in full, made certain
findings as set forth in their Recommending Resolution GPA-94-02/PCZ-94-C, and recommended
to the City Council the approval of said Discretionary Approvals Applications based on certain
terms and conditions: and,
E. City Council Record on Applications.
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on October _, 1994 on the Discretionary Approvals Applications, and
Ordinance No.
Page 2
to receive the recommendations of the Planning Commission, and to hear public testimony with
regard to same; and,
F. Discretionary Approvals Resolution.
WHEREAS, at the same City Council meeting at which this Ordinance was introduced
for first reading (October ,1994), the City Council of the City of Chula Vista adopted
Resolution No. by which it amended the City's General Plan: and
G. FEIR Reviewed and Considered.
WHEREAS. the City Council of the City of Chula Vista has reviewed, analyzed and
considered FEIR 94-02, the envirorunental impacts therein identified for this Project; the Findings
of Fact ("CEQA Findings"), Mitigation Monitoring and Reporting Program and Statement of
Overriding Considerations attached to the Discretionary Approvals Resolution as Responsible
Agency; and
H. Certification of Compliance with CEQA.
WHEREAS, the City Council does hereby incorporate Resolution No.
certifying FEIR 94-02, and adopting the CEQA Findings, the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations;
NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows:
n. Planning Commission Record.
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Draft EIR, held on August 10, 1994, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
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 and that the public necessity,
convenience, general welfare, and good zoning practice support the rezoning to C-C-P (Central
Commercial-Precise Plan).
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.
Ordinance No.
Page 3
B. The property to which the "P" modifying district is being applies 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 "P" 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 requiring special handling of the
development on a precise plan basis.
V. Precise Plan Guidelines.
The City Council 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. General Conditions of Approval.
The foregoing discretionary approval, stated to be conditioned on "General Conditions,"
is hereby conditioned on the occurrence of the General Conditions as set forth in Section VllI of
the Discretionary Approvals Resolution.
VII. 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
Ordinance No.
Page 4
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.
VIII. 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 City's election,
in its sole discretion, shall be deemed to be automatically revoked and of no further in force and
effect ab initio.
IX. Effective Date.
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
(M:\shared\CHSTDECC.ord)
EXHIBIT D
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CASE NUMBER:
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DATE:
6 - 29 - 94
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EXHIBIT D
CHULA VISTA PLANNING DEPARTMENT
I HEREBY CERTIFY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
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MINUTES OF
RESOURCE CONSERVATION COMMISSION
MEETING OF 7/25/94
MINUTES OF A SCHEDULED MEETING
Resource Conservation Commission
Chula Vista, California
6:30 p.m.
Monday. Ju1y 25. 1994
Conference Room #1
Public Services Buildin~
CALL MEETING TO ORDERlROLL CALL: The meeting was caned to order at 6:34 by Chair
Burrascano. Present: Commissioners Kracha, Hall, Ghougassian, and Myers (arrived at 6:40). Absent:
Guerreiro, Johnson. Mr. Reid advised that none of the absent members had contacted staff. S t a f f
present: Environmental Review Coordinator Doug Reid, Landscape Planner Garry Williams,
Environmental Projects Manager Joe Monaco, Conservation Coordinator Michael Meacham.
APPROV AL OF MINUTES
MSUC (KrachalHall) (4-0) to approve the minutes of the July 11, 1994 meeting, as presented.
NEW BUSINESS
1. EIR-94-02
Channel Side Shopping Center
Staff Presentation - Mr. Reid advised the commission members that the City Attorney's office
had ruled that he had a conflict of interest with this project. Joe Monaco of the Community
Development department presented the project, briefly describing the proposed commercial
center to be located south of Highway 54 and east of Broadway. He stated that it had been
determined that there were impacts created by this project in two areas that were not mitigable;
those areas are air quality, and the greenbelt. He stated that current technology did not provide
for mitigation of air quality, and that there was currently no policy for addressing mitigation for
the greenbelt. Project applicants Phil Adams and Gerald Alford presented site plans and further
described the project.
Commission Discussion- Member Hall asked if the bridge at Broadway would be a fill bridge,
stating that a fill bridge would destroy the greenbelt connection. Mr. Alford stated that a fill
bridge would be the first preference as it would preclude the presence of transients below;
however, alternatives include a span bridge, and a bridge that is part span, part fill. He
discussed the wetlands, pointing out that the project is respecting the 100' buffer from mapped
wetland areas. Member Myers asked if there was any data supporting the need for more
commercial development; Mr. Monaco stated that the applicants have done market analysis, and
that staffs fiscal analysis showed no impact beyond the first year. Potential school impacts were
discussed. Chair Burrascano expressed concern regarding the high liquidation factor, and also
asked about success criteria for coastal salt marsh mitigation. Mr. Monaco stated that this would
be included in the permit process.
Public Comment - Mr. William E. Claycomb of .Save Our Bay, Inc.. expressed concerns
regarding the decrease of salt marsh area and discrepancies in the box culvert size. He stated
that the blacktop of the parking area will create additional runoff, and questioned mitigation of
drainage. Mr. Alford stated that the salt marsh area would not be decreased by this project, and
that drainage has been accommodated.
MSC (HalIIKracha) (4-1, Myers opposed) to accept draft EIR 94-02.
Resource Conservation Commission
-2
Julv 25. 1994
2. City Landscape Manual
Staff Presentation - Mr. Reid reminded members that they had reviewed this item some months
ago in conjunction with the Negative Declaration. He stated that the City Attorney had since
ruled that this project is exempt from environmental review. Landscape planner Garry Williams
stated that there had been numerous revisions to the document, including input from two
developer workshops.
Committee Discussion - Member Ghougassian stated that the current manual is a definite
improvement over the previous document; other members concurred. Member Kracha disagreed
with the generalities regarding eucalyptus trees on page 27, noting that many species are
hazardous. He also stated that while contractors are required to install trees with a minimum
3" girth, the City does not appear to adhere to this.
(Member Ghoughassian left the meeting at 7:30 p.m.)
MSUC (Hall/Kracha) (4-0) to recommend adoption of the landscape manual. Member Myers
commented that she did not find the wording regarding use of drought-tolerant planting to be
strong enough.
3. Ideas to Improve Environment
Mr. Reid suggested continuing this item to the next meeting (to a workshop to discuss ideas),
while noting that he would not be at the next meeting due to vacation, and Barbara Reid would
be taking his place.
Mr. Meacham presented the items in which he had been involved. He advised that Laidlaw had
asked for a plan to accommodate mixed waste paper, adding that a mixed waste paper plant is
interested in locating in Chula Vista. Mr. Meacham stated, regarding composting, that yard
waste is now sent to Organic Recycling West, a state-certified facility, rather than the County
facility; he added that the program is cheaper and diverts more than twice the amount of the
curbside recycling program. Regarding a purchasing policy regarding use of recycled materials,
Mr. Meacham stated that this is being looked at, although an effort is made to purchase such
materials now.
Chair Burrascano suggested that RCC members contact the assigned staff person to discuss their
items.
4. Stenciling at Drainage Inlets
Mr. Reid stated that there is a permit process, with fees, for stenciling on rights-of-way. He
noted that fees are typically waived for non-profit organizations by the City Manager. Mr.
Meacham described the storm drain education programs on which monies are currently being
spent.
Resource Conservation Commission
-3
Julv 25. 1994
5. Review of Planning Commission for July 27, 1994
Mr. Reid reviewed the Planning Commission agenda. Regarding item #2 (PCM-94-26), member
Hall stated she would be opposed to higher densities.
Staff Comments
Mr. Reid noted that the City Manager had taken a budget for historical signs to
the City Council as a budget supplement; the Council had approved $1200.00 for
signs. He also indicated that the 4(d) rule may be on the next RCC agenda.
Chair's Comments Chair Burrascano stated that she would contact those members not present
regarding their assigned environment improvement subjects.
Adjournment
The meeting was adjourned at 8:45 p.m.
~WM
Patty Nevins, Recorder
TIlE CITY OF C.JLA VISTA PARTY DISCLOSURE ~rATEMENT
Statement of disclosure of certain ownership interests, payments, 'or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following infonnation must be disclosed: .
List the names of all persons having a financial interest in the contract or application, Le., contractor,
sUCxx>ntractor, material supplier.'
NATIONAL AVENUE ASsocIATES, A CALIFORNIA GENERAL PARTNERSHIP
M~.KU~ULiIAN ~~U~~iNv ~~UAKL, LiU.
Gavle Jean Stephenson in Trust for
Jill M. and William G Stephenson
CHARLES G. and Nancy W. Kerch
"
Robert Penner, M.D.
If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
See attached for Metoooitan Shoooin2 SRuare, Ltd.
National Avenue Associates as follows:
TJi'lQ~m P::lr-r;""~ "\(.,..""..,.. 'P::n-rn,:t.r. Mathew R. Tn"";,, 'P~rt"npT'
.
George T. Kruer, Partner: Jerald A. Alford, Partner
'1 If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
none
1. Have you had more than $250 worth of. business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes
NoXX_ If yes, please'indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
~artners of National Avenue Associates as listed above in #2.
'i. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Counci1member in the current or preceding election period? Yes _ No~ If yes, state which
Councilmember(s) :
Perron is defined u: . Any IndividJJ4l, firm, CQ-p<11'TMT':hip, jOiN WIIlVTe, associ4liOIl, :oclal cUd1, fraleT1llll organlzatioll,
oorp<r1'alioll, utale, rrun, nceiVf!1', syndiC4/e, this and arry other CDUIIl)', cily and coUlllry, ciry, nuuUcipaJity, dimia or other political
"lbdivisioll, or arry other grol>p or CDmbi1l41io1l aaillg os a IUW.'
(NOTE: AI!aclI additional pages u necessa:y)
Date: 1/ UJ/ q tf
~t2(#.~
Sign re of contractor/applican
Je'('"ld A. At{#T4
Print or type name of contractor/applicant
(C:\A.I13S\D1.5C.OS8. TXTJ
"""'"
ATTACHMENT TO DISCLOSURE STATEMENT
FOR
METROPOLITAN SHOPPING SQUARE, LTD.
,
--- .~,.
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INDIVIDUALS OWNING PARTNERSHIP INTEREST IN
METROPOLITAN SHOPPING SQUARE, LTn**
General Partner
Charles G. Kerch
Limited Partners
Tom Hurlbert
Gilbert Jacobs
Jer.y Stadtmiller
Patricia Stadtmiller
Joe Hayward
Charles Borderdine
Paul Borderdine Trust
Trust Services of America in Trust for
Jerry Stadtmiller
Catherine Kerch Smith
Margaret Brydegaard
Al Stadtmiller Trust