Loading...
HomeMy WebLinkAboutOrd 2009-3133ORDINANCE N0.3133 ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-09-009, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C. CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "C' STREET I. RECITALS A. Project Site WHEREAS, the area of land that is the subject matter of this Ordinance consists of approximately 9.9 acres and is located at the northwest corner of North Fourth Avenue and "C" Street (Project Site). The Project Site is commonly known as Target, and it is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference; and B. Project; Application for Discretionazy Approval WHEREAS, a duly verified application was filed with the Development Services Department on November 12, 2008 by Tazget, Inc. (Applicant), requesting approval of a zoning modification application to establish the Precise Plan Modifying District and adopt Precise Plan Standards for the Project Site (Project). It is currently zoned CC, Central Commercial; and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on June 1, 2009, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing the staff presentation and public testimony, voted 3-0-2-0 to approve DRC 09-15 contingent upon approval of this Ordinance and the Ordinance entering into effect; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 24, 2009, and after hearing the staff presentation and public testimony, voted 5-0-0-2 to recommend that the City Council approve the Project, in accordance with the findings listed below; and Ordinance No. 3133 Page 2 WHEREAS, the Development Services Deparnnent set the time and place for heazing on said Project, 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 500 ft. of the exterior boundazies of the Project, at least ten (10) days prior to the heazing; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 24, 2009, and the minutes and Resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the heazing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundazies of the Project Site at least ten (10) days prior to the heazing; and WHEREAS, the City Council held an advertised public hearing on the Project on July 14, 2009 at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, the City Council considered Mitigated Negative Declaration IS-09-009 together with any comments received during the public review process; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Development Services Department and maintained by the custodian of said documents, who is the Director of Development Services; and WHEREAS, all heazings referred to herein, the documents, and related materials constitute the record of proceedings upon which this adoption of the Mitigated Negative Declazation is based; and WHEREAS, after heazing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted 3-0-2 to adopt the Mitigated Negative Declaration, (IS-09-009) and approve the Project, in accordance with the findings listed below. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista does as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-09-009, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where cleazly no significant effects would occur; therefore, the Environmental Review Coordinator has prepazed a Mitigated Negative Declaration, IS-09-009 and associated Mitigation Monitoring and Reporting Program. Ordinance No. 3133 Page 3 B. Independent Judgment of the City Council The City Council finds that on the basis of the whole record before it, including the initial study and any comments received, the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-09-009), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program (IS-09-009). C. The zoning modification of the Project Site is consistent with the City of Chula Vista General Plan, as approved on December 13, 2005, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to modify the zoning of the Project Site as depicted in Exhibit "A" from the CC (Central Commercial) Zone to the CC-P, Central Commercial Zone with Precise Plan Modifying District, including Property Development Standazds as represented in Exhibit B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, permitting the approval of and establishment of the "P" Precise Plan Modifying District on the Project Site: 1. That such use will not under the circumstances of the particulaz case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity: Establishing the Precise Plan Modifying District and Precise Plan Standards to guide the redevelopment of the project site furthers the goals and policies of the General Plan regazding "Gateway" locations by helping achieve the contemporary project design of both the building and site layout. The negligible effects of the requested reduction in parking spaces has been substantiated by a detailed Pazking Analysis conducted by Target Corporation and additional on-site analysis for this specific location. Because the site is located within a "Primary Gateway" of the City, the Design Review Board (DRB) requested that the applicant provide both the City name and City logo on the northernmost monument sign, even though this will require a height above the maximum eight feet allowed per the CVMC. This monument sign will also mark a newly relocated driveway entrance aimed at reducing congestion off of Brisbane Street to the north. Thus, establishing the precise plan modifying district will not be detrimental to, but help promote the health, safety or general welfaze of persons residing and/or working in the vicinity. Ordinance No. 3133 Page 4 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: The subject property, or the neighborhood or the area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffc circulation or some social or historic situation requiring special handling of the development on a precise plan basis. The site is unique in that the Chula Vista General Plan identifies the project site as one of only five existing "Primary Gateways" into northwest Chula Vista. In "Gateway" locations, the General Plan places an emphasis on enhanced features and high quality azchitecture design. The proposed redevelopment of the site includes upgrades and enhancements to building design, circulation, and landscaping -all of which will promote the goals and polices of the General Plan regazding Primary Gateway locations. The proposed requested reduction in parking will reduce the azea devoted to asphalt and allow for additional parking lot landscaping. Specific General Plan polices which will be achieved by the proposed redevelopment include the following: • Policy LUT 8.8 "encourage the upgrading, beautification, and revitalization of existing strip commercial areas and shopping center. " The existing older commercial center will be razed, the site re-graded, and an upgraded modern commercial center designed with principles of sustainability will be constructed; • Policy LUT 9.1 "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista ". The requested precise plan allowance for an additional monument sign, which exceeds the height limit specified by the CVMC, will allow both the City name and logo to be added to the sign face, thus providing a "Gateway" entry into the City. This was required by the Design Review Boazd; • Policy LUT 11.2 `promote and place high priority on quality architecture, landscape, and site design to enhance the image of Chula Vista, and create a vital and attractive environment for businesses, residents and visitors". The project will feature a contemporary design with a series of features including vertical and horizontal plane articulations and variation in building materials, which result in a high- quality design. The proposed enhanced, modernized design has been described by the City's Design Review Board as an example of "excellent design." Ordinance No. 3133 Page 5 A unique circulation pattern presently exists on the site that necessitates special treatment through the establishment of a precise plan designation. The site is bordered on the north by Brisbane Street, which demarcates the border between Chula Vista and National City. This is a heavily used roadway with multiple vehicle conflict points that serves as a primary driveway to the exiting Tazget store. In order to re-direct vehicles off of Brisbane Street and improve the on-site circulation pattern, a primary driveway for the site will be constructed near Brisbane Street that will be marked by a lazge monument sign. Regulatory flexibility with regard to pazking and signage is needed in order to establish an on-site circulation pattern that is both efficient and safe. 3. That any exceptions granted, which may deviate from the underlying zoning requirements, shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The requested Rezone is to add a Precise Plan Modifying District to the existing zoning designation. This, in turn, will allow a precise plan to be approved that is site specific, allowing for the establishment of a parking standard that is different from the existing standard of 5 spaces per 1,000 square-foot ratio required by the CVMC. The reduction of 74 spaces from the 608 spaces required pursuant to the CVMC will allow for a reduction in amount of impervious azea otherwise necessary to accommodate the 608 spaces, storm water filtration, and provide for additional landscape azea. This parking reduction will further the goals and policies of the General Plan regarding "Gateway" locations by helping achieve the contemporary project design of both the building and site layout. As designed, the project will full comply with NPDES requirements. Public transit is also available with an existing bus stop along the North Fourth Avenue street frontage. Buses generally run every 15 minutes along North Fourth Avenue with an existing bus stop along the street frontage. Parking reduction is also offset by this availability of public transit. The existing Target facility contains 474 pazking spaces, which, based upon the existing size of the building, results in an existing parking ratio of 4 spaces per 1,000 square-feet. Taking into account the difference in building size, this ratio is similaz to the applicant's proposed parking ratio of 3.87 spaces per 1,000 square-feet. Both of these ratios aze less than that currently required by the Chula Vista Municipal Code (CVMC). The pazking standard required by the CVMC is a generic requirement for retail/commercial establishments and is not necessarily representative of the unique chazacteristics of an individual retail chain. Different retailers have different shopper characteristics. The merchandising and demographics of one store may yield frequent customer visits with lower sales per visit. The same size building operated by a different retailer may see fewer total customers but have higher sales per visit. Ordinance No. 3133 Page 6 The proposed reduction in parking is supported by a Parking Assessment study titled "Updated Parking Assessment for Target Store Chula Vista (North), California" prepared for the project by KHA on January 22, 2009. This analysis provides a refinement of the generic pazking ratio required by the CVMC and is based lazgely upon a national parking study prepared by Tazget. This study assessed actual parking usage for 80 Tazget stores at locations throughout the country, including stores in California. The study concluded that the pazking requirement for a prototypical Target store, like the one being proposed for Chula Vista, requires roughly 505 parking spaces, or a ratio of 3.6 spaces per 1,000 squaze-feet. In order to further validate the proposed pazking ratio, an on-site pazking count was conducted by KHA on December 20, 2008, at the existing Tazget Store on-site. This date was selected since it was the last weekend before Christmas and typically the busiest shopping day of the yeaz. The peak parking demand was 258 occupied parking spaces. This generates a ratio of 2.46 spaces per 1,000 squaze-feet. The requested reduction in pazking will allow parking to be more consistent with actual demand level. The applicant proposes a total of three freestanding signs (one pylon blade and two ground-mounted) for this "Gateway" location, which includes exceeds by one the number of signs allowed by the CVMC. All three of the proposed signs will be placed along the North Fourth Avenue frontage. The two monument signs will be located at the northern and southern edge of the frontage (at the comer of North Fourth Avenue and "C" Street), with the pylon sign to be located in-between, neaz the location of the existing pylon sign along North Fourth Avenue, at the main driveway. Because all three signs will be placed along a single frontage, the distance sepazating each sign will be less than the 500 foot distance required per the CVMC. The proposed monument signs will be placed at key locations both to incorporate "Gateway" signage as well as mark the main driveway entrances to the site. The northernmost monument sign will be located at the site's north driveway, which is one of the primazy entrances into the site. This driveway has been situated to amact primary vehicular traffic and relieve congestion off of Brisbane Street. The northern sign will incorporate both the City name and logo onto the sign face. With the exception of the proposed northernmost monument sign, the proposed sign heights and sign areas will be within the maximum allowed by the CVMC. The northern monument sign would be 12 feet high, which exceeds the 8-foot maximum allowable. In addition, the azea of the northern sign would be approximately 70 sq. ft., which exceeds the 50 sq. ft. maximum. The primary reason for this additional height and sign area is to allow the applicant the necessary space to include both the City name and City logo. It should be noted that at the DRB hearing of June 1, 2009, the applicant proposed a sign containing only the City name, and a sign height of 10 feet. The DRB conditioned the project to allow additional flexibility to the sign height in order for it also to also the City logo. The request for height and sign azea exceptions would facilitate implementation of General Plan Policy LUT 9.1 which is to "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista." Ordinance No. 3133 Page 7 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The increased flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area and enhanced storm water treatment. This is consistent with the goals and policies of the adopted General Plan. E. The Precise Plan and Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CVMC Section 19.56.041), as outlined above. IL APPROVAL OF ZONE MODIFICATION The City Council of the City of Chula Vista does hereby approve the rezone to establish the Precise Plan Modifying District and adopts Precise Plan Standards for the Project Site as represented in Exhibit "B". III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by U'ary $alber~' P.'E ~ AICP' I Deputy Cit Manager/Development Services Director Approved as to form by '~ -~' ~l' B C. Mies e ity Attom Exhibits: Exhibit A: Zone Modification Map Exhibit B: Precise Plan Standards Ordinance No. 3133 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of June 2009, by the following vote: AYES: Councilmembers: Bensoussan, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda and McCann Cheryl Cox, ayo ATTEST: Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3133 had its first reading at a regulaz meeting held on the 14th day of July 2009 and its second reading and adoption at a regular meeting of said City Council held on the 21st day of July 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 21st day of July 2009. ~ ~~ ~6h~~ Donna R. Norris, CMC, City Clerk M 01 M y~ M ~ O P. z U b i-. r ~ ~ .. - ~m~ IL NA I ~ a, C~tV atror : ,Sta o\ ch~~a Pr®~®~~cB P= yL C.C. IL `_ R3GD R3 R3 EXHIBIT A ~~TM~ 40 N. Fourth Ave; Proposed Zone "CCP" CHUTA VISTA R3 R3 ~~I I NORTH Ordinance No. 3133 Page ] 0 EXHBIT "B" Standazd = 514 Compact = 20 534 Freestandine Si2naEe allowed Number of sians: A total of 3 freestanding signs consisting of 1 pylon and 2 monument signs Maximum height of ovlon si¢7r: 30 feet Maximum height of monument sians: 8 feet (southem) 12 feet (northern) Maximum Sian azea ofmonument sians 70 square feet (northern) 50 squaze feet (southern) Maximum distance between uvlon and monument sign 265 feet