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HomeMy WebLinkAboutOrd 1992-2495 ORDINANCE NO. 2495 AN ORDINANCE OF THE CITY OF CHULA VISTA CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO C-C-P FOR THE SOUTHERN 3 ACRES OF THE PALOMAR TROLLEY CENTER PROJECT, AND MAKING FINDINGS TO PERMIT APPLICATION OF THE "P" MODIFIER; AND CHANGING THE ZONE CLASSIFICATION FOR ZONING CONSISTENCY SUBAREA B-3-A FROM APARTMENT RESIDENTIAL (R-3) TO APARTMENT RESIDENTIAL WITH A P- MODIFIER, NOT MORE THAN 22 UNITS PER ACRE ("R-3-P-22"). PALO~U~R TROLLEY CENTER PROJECT MATTERS Entire Project Area WHEREAS, the property which is the subject matter of a commercial shopping center development referred to herein is a rectangular area of land approximately eighteen and 2/lOths (18.2) acres bounded on the north by Palomar Street on the east by Broadway, on the west by the San Diego Trolley Palomar Street Station and on the south by San Diego Gas and Electric right-of-way, and is diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Entire Project Area") and if attached, as the area outlined with such designation; and, A~nendment Area WHEREAS, the property which is the subject matter of an application herein referenced for general plan amendment, Montgomery Specific Plan Amendment, and change of zones is a portion of the Entire Project Area consisting of approximately three (3) acres in the southeast portion of the Entire Project Area, diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Amendment Area") and if attached, as the area shown in cross-hatch thereon; and, Project WHEREAS, Pacific Scenes, Inc. {"PSI"}, the entity which has development control over most of the Entire Project Area has proposed a plan for the construction of 198,200 gross square feet of commercial shopping center improvements on the Entire Project Area pursuant to a plan that is more fully described in the FEIR, Section 3.0 ("Project Description"), page 3-1, which entire plan for improvement shall herein be referred to as the "Project"; and, Ordinance No. 2495 Page 2 Application for Entitlements WHEREAS, in conjunction with a plan for the construction of a 198,200 gross square foot shopping center located on the Entire Project Area, Pacific Scenes, Inc. {PSI) has filed an application {"Application") with the City for a General Plan Amendment, Montgomery Specific Plan Amendment and change of zone from Light Industrial with a P Modifier ("I-L-P") to Center Commercial with a P Modifier {"C-C-P"} for the Amendment Area to allow for the use of the Entire Project Area for a shopping center containing five major anchor tenants and other retail facilities such as five building pads, two of which will have drive-through capabilities for fast-food restaurants, sidewalks and landscaping, all as more fully set out in the proposed Palomar Trolley Center Semi-Exclusive Negotiating Agreement ("SENA"), and that Application on file with the Director of the Planning Department; and, Certifying Resolution WHEREAS, the City Council did, by the adoption of Resolution No. 16522 /"Certifying Resolution"), certify that the Final Environmental Impact Report, as defined therein, was prepared in accordance with the requirement of the California Environmental Quality Act, and the guidelines lawfully promulgated thereunder; and, WHEREAS, the recitals and resolutions of the City Council contained in said Certifying Resolution are incorporated herein as if set forth in full hereat; and, Findings WHEREAS, an application for a City-initiated zone change was completed by the Planning Department of the City of Chula Vista on February 4, 1991; and, WHEREAS, the subject property is immediately surrounded by commercially zoned property to the north and west, and by existing commercial development to the east; and, WHEREAS, without the proposed zone change, a 3-acre island of industrial land lacking street frontage would exist surrounded by commercial development to the north, west and east; and, Palomar Trolley Center Project Public Hearing WHEREAS, a public hearing was held before the City Council on PSI's Application for a General Plan Amendment, Montgomery Specific Plan Amendment and Zone Change {"Public Hearing"} on or about February 25, 1992 regarding the Palomar Trolley Center; WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 25, 1992, in the Council Chambers, 276 Fourth Avenue, before Ordinance No. 2495 Page 3 the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council certified that the Final Environmental Impact Report (FEIR-91-02) has been prepared in compliance with CEQA and the Environmental Review Procedures of the City of Chula Vista and that the information contained in the FEIR has been reviewed and considered. Zone Consistency Study Area 3-B-A WHEREAS, the City Council, by a public hearing held on or about February 4, 1992 ("Public Hearing 91-5) at which it determined that, by a consolidated general plan amendment, that an approximate 5 acre, 21 parcel area bounded by E Street, D Street, Third Avenue and Landis Avenue, all as more particularly identified in Exhibit B, incorporated herein by reference {"Zone Consistency Study Area B-3-A"), should be replanned for General Plan purposes from "Low- Medium Residential {3 to 6 dwelling units per acre)" to "Medium-High Residential {11 to 18 dwelling units per acre)"; The City Council of the City of Chula Vista does ordain as follows: SECTION I: Supplemental Findings for Application of "P" Modifier--Palomar Trolley Center Project As regards the Amendment Area with the Entire Project Area of the Palomar Trolley Center Project, pursuant to Zoning Ordinance Section 19.56.041, the "P" modifying district is applied based on the following: A. The property or area to which the "P" modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The SDG&E right-of-way to the south is zoned Sg4 and the surrounding commercial property to the north, west and east is zoned with a "P" modifier. The precise plan requirement for the subject 3 acres will ensure that the parcels are subject to the same design review as the surrounding property and that the project is compatible with the S94 zone to the south. B. The area to which the "P" modifying district is applied consists of two or more properties under separate ownership wherein coordination regarding access, on-site circulation, site planning, building design and identification is necessary to enhance the public convenience, health, safety and general welfare. The subject property and the surrounding property to the north, west and east included within the 18.2-acre expanded Palomar Trolley Center project are under 10 different ownerships. The "P" modifier will require design review of future site plan{s) to ensure conformance with the design concept guideline booklet outlining the Ordinance No. 2495 Page 4 design objectives for the 18-acre expanded project. SECTION II. Guidelines--Palomar Trolley Center Project. The Precise Plan Guidelines to be attached to the property shall include the following provision: A. The City of Chula Vista shall consider enforcement of appropriate legal mechanisms sponsored by the Chula Vista Elementary School District and the Sweetwater Union High School District to mitigate impacts on school facilities, if such is determined to be necessary based on the results of a study the City may conduct similar in nature and scope to the study conducted in Fairfield, except this study will address the impacts of commercial and residential development on school facilities. B. Developer commits to design, financing and construction of a roadway facility {including streets, curbs, gutters, sidewalks and utilities) connection between the current terminus of Jayken Way and the south side of the Project if City determines, based on traffic studies to be performed to City's satisfaction and paid for by Developer, and which studies are to be conducted within two years after the occupancy in the Entire Project Area first reaches 704 of planned gross floor area, that said roadway facility is necessary for circulation. 1. By "commit" as used herein, Developer shall, in addition to designing, financing and constructing such a roadway facility, be required to design the improvements on the Entire Project Area in such a manner that the roadway facility can be connected to the south side of the Entire Project Area without requiring the demolition of any significant structures, or any structures with significant value. Furthermore, Developer shall absorb the sole risk of loss for the demolition of any such structures which are demolished in order to construct the roadway facility. 2. If the City determines that such roadway facility is necessary, it shall be designed and built to the specifications of the City which provide, and are not inconsistent with the public street portion ending at the south property line of the Entire Project Area consisting of a minimum width of 36 feet of pavement, to include two lanes and two bike lanes, plus curb gutter and sidewalk on one side. The method to secure the committment shall be determined prior to the City vacating any unused right of way easement currently encumbering said Entire Project Area, or any portion thereof. Ordinance No. 2495 Page 5 SECTION III. Zone Change--Palomar Trolley Center, Southern Lots. As regards the Amendment Area of the Entire Project Area of the Palomar Trolley Center Project, the City Council does hereby conditionally amend the Zoning Map of the City of Chula Vista as maintained by the Director of Planning of the City of Chula Vista to provide that the zone for the Amendment Area indicated thereon shall be Center Commercial with a P Modifier. The conditions of this amendment are as follows: A. Implement the Project as Modified. "Project" as described in the EIR, shall, except to the extent herein modified, shall be implemented by the PSI, or their successor in interest. B. Environmental Impact Mitigation Measures Implemented. All environmental impact mitigation measures ("EIMM") in the nature and to the extent attached to the FEIR as Appendix B, and further including EIMM No. 4 on Page 5.5-2 ("Automatic Fire Sprinklers") shall be implemented as soon as commercially practical but in no event later than 3 years after the adoption hereof, unless extended by Council resolution, except for those EIMM which, by their terms, require implementation and maintenance over a longer period ("Extended EIMM"), and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. C. Development Under Owner Participation Agreement (OPAl PSI shall, within three years from the date of adoption hereof, reach an agreement as to the development of the Entire Project Area with the Redevelopment Agency of the City of Chula Vista which agreement shall herein be referred to as an "Owner Participation Agreement" or alternatively ("OPA"), and upon approval, PSI shall perform all covenants and promises therein contained required of PSI by said OPA. Upon determination of the City made at a public hearing at which PSI shall be given notice and opportunity to attend, that the conditions of this amendment have not occurred, the Zone Change herewith granted shall automatically terminate and be of no further force and effect. In such event, the zone designations for the Amendment Area, as herein made shall automatically terminate, and such Amendment Area shall revert to the existing zone of Limited Industrial with a P Modifier. SECTION IV. CEQA Findings and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby approve, accept as its own, incorporate Ordinance No. 2495 Page 6 as if set forth in full herein, and make each and every one of the Candidate CEQA Findings attached hereto as Exhibit C ("Final EIR, Palomar Trolley Center, Candidate CEQA Findings"). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in Exhibit C attached hereto, the Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the EIR are feasible, and will become binding upon the City. C. Infeasibility of Alternatives. As set forth in Exhibit C attached hereto, the Council hereby finds that it is unnecessary to determine that any of the proposed project alternatives set forth in the Final EIR can feasibly and substantially lessen or avoid the potentially significant adverse environmental effects since all potentially significant adverse environmental effects of the project will be eliminated or substantially lessened by virute of the mitigation measures herewith imposed. D. Adoption of Mitigation and Monitoring Program. As required by Public Resources Code Section 21081.6, the City Council hereby adopts the mitigation monitoring and reporting program ("Program") attached to the FEIR as Appendix B incorporated herein by reference. The Council hereby finds 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. E. Statement of Overriding Considerations Unnecessary. After the adoption of all feasible miti9ation measures certain significant or potentially significant adverse environmental effects caused by the Project will not remain. Therefore, the Council hereby finds that it is unnecessary to issue, pursuant to CEQA Guidelines Section 15093, a statement of overriding considerations identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effect acceptable. SECTION V. Zone Change--Zone Consistency Study Area B-3-A. As regards the Zone Consistency Study Area B-3-A, the City Council does hereby conditionally amend the Zoning Map of the City of Chula Vista as maintained by the Director of Planning of the City of Chula Vista to provide that the zone for the Zone Consistency Study Area B-3-A be changed Ordinance No. 2495 Pa9e 7 from Apartment Residential ("R-3") to Apartment Residential with a P Modifier, but not to exceed 22 units per acre ("R-3-P-22"). SECTION VI: 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 Director of Planning Ordinance No. 2495 Page 8 EXHIBIT A to the Jtion Grantinc a General Plan Amendment, Amendment ahd Rezone Entire Project Area (outlined) Amendment Area (cross-hatch) Figure 5-5 of the FEIR Ordinance No. 2495 Page g ~: I ~ I.II I ~ ._SUBJECT AREA -- ~ ~' R3 ~ENERAL PLAN/ZONIN~ CONSISTENCY STUDY SPECIAL STUDY AREA NO. B3A EXISTING ZONING GPA-91-05 PCZ-91-G Ordinance No. 2495 Page 10 EXHIBIT C to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone PALOMJiR TROIJ.'EY CENTER CEQA CANDIDATE CEQA FINDINGS FOR FINAL ENVIRONIVIENTAL IMPACT REPORT FIR 91-02 IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TII'LE 14 OF THE CALIFORNIA ADIVIINI.S-i-RATIVE CODE Ordinance No. 2495 Page 11 I. BACKGROUND It is the policy of the State of California and the City of Chula Vista that the City shall not approve a project ff it would result in a significant environmental impact unless it is feasible to avoid or substantially lessen the significant environmental effects. Only when there are specific economic, social, or technical reasons, which make it infeasible to mitigate an impact, can a project with significant impacts be approved. Therefore, when an environmental impact report 01IR) identifying one or more potentially significant environmental impacts has been completed, one of the following findings must be made: A. Changes or alternatives which avoid or substantially lessen the significant environmental effects as identified in the final EIR have been required in or incorporated into the project, Or B. Such changes or alternatives 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, or C. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The following findings are made relative to the conclusions of the final EIR for the proposed Palomar Trolley Center based on the EII~ text, and all documents, maps, and illustrations included in the public records. II. PROJECT DESCRIPTION The proposed project is a large community shopping center incorporating a total of 298,200 gross square feet of building space which cover approximately 25% of the site area. The remaining 75% of the project area will consist of sidewalks, parking, landscaping, and roadways. The project site consists of approximately 18.2 acres (729,800 square feet). Existing on-sire uses include 7-Eleven store and laundromat which occupy the northeast corner of the property, and Sam's Trailer Service which occupies the far eastern section of the site. The Mi Cabana nightclub/restaurant, three single-family homes, and a church are located within the central portion of the site. Approximately two-thirds of the property is currently vacant. A "paper" street fight-of-way, which runs from Jayken Way north of Palomar Street, will also be vacated. Uses proposed for the site will include major anchor tenants and other large commercial tenants, smaller retail shops, five building "pads", two of which will have drive-through capabilities for fast-food restaurants, sidewalks and extensive landscaping. Public amenities will include a traffic circulation loop within the project site. In conjunction with the proposed project, a linear park may also be developed within the SDG&E right-of-way directly south of the project site. The 55-foot wide linear park would consist of a passive use park, with a pedestrian/bike path and possibly some benches. The park would provide access from Broadway to the trolley station and from the station to Broadway or the proposed project. The linear park, which will require approval by SDG&E, will not serve as a neighborhood or community park. Future consideration of the park would also be subject to the conditions of the EMR. study now in progress by the EPA. Parking for the Palomar Trolley Center will be provided on-site. The City uses a ratio of 5 parking spaces for every 1,000 square feet of building space. Therefore, the project must provide a minimum Ordinance No. 2495 Page 12 of 991 parking spaces. Specific Design Guidelines have been developed for this proposed project which outline design criteria including site to building ratios, landscaping, and percentage of "high" retail sales tax generating businesses that must occupy the project site. These guidelines were created in an effort to allow a creative design theme which provides Montgomery planning area with an upscale, viable retail center that adheres to and complements City design standards. These design guidelines are available at the City of Chula Vista Planning Department for public review. IlL INSIGNIFICANT IMPACTS The final EIR and subsequent addendures for the Palomar Trolley Center concluded that the project would clearly not have significant adverse impacts in the following areas (numbers refer to the section of the EIR where the issue is discussed): A. Drainage (5.1) B. Aesthetics (5.3) C. Social Factors (5.4) D. Community Infrastructure * (5.5) E. Energy (5.6) F. Human Health (5.8) The areas listed above do not require that one of the findings listed under Section I, Background, be made because no significant environmental impacts are associated with these issue areas. · Based on further analysis, conclusions reached in the Final EIR regarding schools have been adjusted. These changes are addressed in the Second Addendum to the Final EIR which discusses impacts to schools and related impact fees. The Second Addendure concludes that there will be no significant impacts to schools serving area in which the project is located. IV. IMPACTS FOUNDS TO BE MITIGABLE TO INSIGNIFICANT LE'VRI_q Impacts area listed under this section require that findings be made and implemented as part of the proposed project. These findings will serve to avoid or substantially lessen significant environmental impacts associated with the project. A. Land Use Land uses proposed by the project are inconsistent with the Montgomery Specific Plan and the City's Zoning Ordinance; the project proposes 18.2 acres of commercial land use on a parcel designated as 2.0 acres of industrial, 15.2 acres of commercial, and 1 acre of institutional; rezoning of the project site must occur (3.0 acres of limited industrial to central commercial) to be consistent with the land uses proposed by the project. 1. Findings Changes or other measures listed below which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. Ordinance No. 2495 Page 13 a. The Montgomery Specific Plan shalt be amended from research and limited industrial {2.0 acres) and institutional (1.0 acres) to 3.0 acres of mercantile and office commercial for the project site by the City of Chula Vista. b. The developer shall submit a precise plan to the City in conjunction with the development proposal. c. The 3.0 acres of the site presently zoned I-L-P shall be rezoned to C-C-P by the City of Chula Vista. 2. Conclusion All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the Final EIR and incorporated as set forth above. B. Utilities Water consumption will be 38,100 gallons per day more than present, and generation of sewage and solid waste will be 30,300 gallons per day and 0.33 tons per day above present conditions, respectively; the project will use 257% more water and generate 303°/0 and 191.8% more sewage and solid waste respectively than existing development. 1. Findings Changes or other measures listed below which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. a. The developer shall implement water conservation devices into the project wherever possible. These may include, but not be limited to: ® The use of drought resistant shrubbery and vegetation; · Installation of low volume toilet tanks; · Installation of flow control devices to reduce water flow from faucets. b. The developer shall participate in whatever water conservation program such as net increases in water consumption, or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. c. The developer shall implement source control devices such as grease traps at food processing businesses. d. The developer shall implement a recycling program, as required by the City of Chula Vista in all businesses. This program may include source separation techniques, and disposal by a private contractor. e. A sewer holding tank shall be located on the project site to allow for off- peak discharge of sewage until CIP projects have been completed. Ordinance No. 2495 Page 14 f. The developer shall pay required sewer fees to finance sewer improvements. Fees will be in direct proportion to the actual wastewater discharged by the development. g. The developer shall adhere to all State Energy Commission standards for new construction. 2. Conclusions All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of the mitigation measures identified in the Final EIR and incorporated into the project as set forth above. C. Transportation Roadway segments with the study area including Palomar Street between Industrial Boulevard and Orange Avenue will be impacted by additional traffic generated by the project; intersections within the study area without mitigation will experience lower levels of service and three intersections including Project Entrance/Broadway/Palomar Street, and Broadway/Main Street will operate below accepted levels of service. 1. Findings a. Roadway Segments Changes or other measures listed below which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. (1) Widen Palomar Street between Industrial Boulevard and Orange Avenue to a six-lane major street to the satisfaction of the City Engineer. b. Intersections (2) Install a traffic signal at the proposed intersection of Palomar Street/Project Entrance and construct the following lane geometrics: ® Eastbound - one left, two through, and one through/right · Westbound - two left, two through, and one through/right · Northbound - one left, and one through/right · Southbound- one left, and one through/right (3) Improve the intersection of Palomar Street/Broadway to provide the following lane geometrics: · Widen the eastbound approach to provide an additional left turn lane and widen the westbound approach to provide an additional through lane. The resulting geometric configuration for this intersection is detailed below: Ordinance No. 2495 Page 15 Eastbound - two left, two through, and one through/right Westbound - two left, two through, and one through/right Northbound - one left, two through, and one right · Southbound - one left, two through, and one right (4) Improve the intersection of Palomar Street/Trolley Station Entrance to provide the following lane geometries: · Widen the eastbound and westbound approaches to provide an additional through lane in each direction. The resulting geometric configuration for this intersection is detailed below: Eastbound - one left, two through, and one through/right Westbound - one left, three through, and one right Northbound - one left, and one through/right Southbound - one left/through, and one right (5) The proposed project as described in Section 10.0 of the Final EIR, maybe developed in two phases. As such, the improvements listed under #5 may be completed after a technical report has been completed which analyses the scheduling of improvements, methods of financing, and the extent to which this project would effect improvements listed under #5. The intersection of Main Street/Broadway to provide the following lane geometrics: · Widen the eastbound and westbound approaches to provide an additional right-turn lane in each direction and widen the northbound and southbound to provide an additional left turn lane in each direction. The resulting geometric configuration for this intersection is detailed below: Eastbound - one left, two through, and one through/right Westbound - one left, two through, and one right Northbound - two left, two through, and one right Southbound - two left, two through, and one right c. Site Access and Internal Circulation (6) The following mitigation strategies and site improvements should be required by the City during the review of the site design plans: · In addition to the Main Entrance Driveway and the Palomar Trolley Station Entrance, three other access points will be provided and restrict access at these locations to right-turns in the right-turns out, in conjunction with a raised median on Palomar Street. · The access point located to the east of the site on Broadway shall be restricted to right and left-turns in and right-turns out. Care must be taken when designing this left-turn pocket, as it is likely to be confused with the left-turn pocket from northbound Broadway to westbound Palomar Street. Ordinance No. 2495 Page 16 · The internal circulation and parking layout adjacent to each individual restaurant pad should be re-evaluated when specific plans are made for these uses on the proposed project site. 2. Conclusion All significant effects that can be feasibly avoided will be eliminated or substantially less by virtue of the mitigation measures identified in the Final EIR and incorporated into the project as set forth above. Ordinance No. 2495 Page 17 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of March, 1992, by the following vote: AYES: Councilmembers: Grasser Hotton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: · ~ ~, Beverly I' uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2495 had its first reading on March 3, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 17th day of March, 1992. Executed this 17th day of March, 1992. Beverly(. Authele , City lerk