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HomeMy WebLinkAboutOrd 1994-2613 ORDINANCE 2613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN IN ACCORDANCE WITH AMENDMENT//12 RECLASSIFYING 31.63 ACRES OF THE INLAND PARCEL, SUBAREA 4 FROM INDUSTRIAL GENERAL TO A COMMERCIAL THOROUGHFARE LAND USE DISTRICT SUBJECT TO CENTRAL COMMERCIAL WITH PRECISE PLAN MODIFYING DISTRICT PURSUANT TO SECTIONS 19.36 AND 19.56 OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, a proposal for the development of 31.63 acres of the Inland Parcel, Subarea 4 of the Chula Vista Coastal Zone into the Channelside Shopping Center as such project is more particularly described in the Final Environmental Impact Report, EIR-94-02, has been reviewed and found to require a land use amendment to the certified Chula Vista Local Coastal Program (LCP); and, WHEREAS, the Community Development Department prepared an amendment to the LCP ("Amendment #12") which entails a land use change for 31.63 acres of the Inland Parcel from Industrial General to Commercial Thoroughfare subject to Central Commercial zoning with a Precise Plan Modifying District and said land use change has been found to be consistent with the policies and objectives of the certified LCP; and, WHEREAS, the reorganization and clarification of land use sections of the Bayfront Specific Plan and associated sections of the Land Use Plan for consistency has been found to be desirable; and, WHEREAS, the Community Development Department prepared and disseminated a Notice of Availability of LCP Amendment #12 in accordance with Title 14, Division 5.5 of the California Code of Regulations at least six weeks prior to the scheduled City Council public hearing on said amendment; and, WHEREAS, the Planning Director set the time and place for a Planning Commission public hearing on said amendment; and, WHEREAS, the Community Development Director gave notice of the said hearing, together with its purpose, by publication in a newspaper of general circulation in the city and said notice was distributed in accordance with Title 14, Division 5.5 of the California Code of Regulations; and, WHEREAS, said public hearing considering LCP Amendment #12 was held at the time and place as advertised, namely 7:00 p.m. on September 28, 1994 in the City of Chula Vista City Council Chambers located at 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and, Ordinance No. 2613 Page 2 WHEREAS, the City Clerk set the time and place for a City Council public hearing on said amendment; and, WHEREAS, the Community Development Director gave notice of the said hearing, together with its purpose, by publication in a newspaper of general circulation in the city and said notice was distributed in accordance with Title 14, Division 5.5 of the California Code of Regulations; and, WHEREAS, the Planning Commission, at a public hearing held on September 28, 1994, considered FEIR 94-02, the Discretionary Approvals Applications and the LCP Amendment, took evidence as set forth in the record of its proceedings, made certain findings as set forth in their Recommending Resolution GPA-94-02/PCZ-94-C, and recommended that City Council certify FEIR 94-02 and approve the Discretionary Approvals Applications and the LCP Amendment subject to certain terms and conditions; and, WHEREAS, an Addendum to FEIR 94-02 ("Addendum 94-02A") was prepared in accordance with Section 15164 of the CEQA Guidelines; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 1, 1994 on FEIR 94-02, Addendum 94-02A (collectively "FEIR 94-02"), the Discretionary Approvals Applications, the LCP Amendment and the CDP to receive the recommendations of the Planning Commission, and to hear public _ testimony with regard to same; and, WHEREAS, the City Council of the City, as the Responsible Agency, and the Redevelopment Agency, as the Lead Agency, have reviewed, analyzed and considered FEIR 94-02, the environmental impacts therein identified for this Project; the Findings of Fact ("CEQA Findings"), Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations attached hereto; and, WHEREAS, pursuant to Joint/City Agency Resolution No. 17705, (the "CEQA" Resolution), the City Council and the Redevelopment Agency have jointly certified FEIR 94-02, and Addendum EIR 94-02A thereto, made the necessary CEQA Findings, and adopted the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations attached to the CEQA Resolution; and, WHEREAS, said public hearing was held at the time and place as advertised, namely 4:00 p.m. on November 1, 1994 in the City of Chula Vista City Council Chambers located at 276 Fourth Avenue, before the City Council and said hearing was thereafter closed, and, The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I. Certification of Compliance with CEQA. The City Council does hereby adopt and incorporate herein Resolution Nos. [Council] 17705 and [Agency] 1430 of the City Council and Redevelopment -- Agency certifying FEIR 94-02, and adopting Addendurn EIR 94-02A, the Ordinance No. 2613 Page 3 CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. SECTION II. Consistency with General Plan Findings, The City Council does hereby find that the LCP, as amended by Amendment #12, is consistent with the City of Chula Vista General Plan as amended. SECTION II1. California Coastal Act Findings. The City does hereby find that the subject Amendment #12 complies with Chapter 3, Coastal Resources Planning and Management Policies, of Public Resources Code, Division 20 in accordance with the following findings: The Inland Parcel is not located within the Chula Vista Bayfront. The Parcel is located approximately 1/2 mile (north east) traveling distance from the Bayfront's main, "E" Street entry. The land use designation of the Inland Parcel, therefore, will not directly affect Bayfront "coastal resource" planning. The Inland Parcel does not have access to coastal resources such as: the sea, the bay, or dry sand and rocky coastal beaches, therefore, the change in land use designation will not affect such access. The Inland Parcel has no oceanfront land suitable for water-oriented recreational activities or coastal dependent aquacultural uses. A portion of the Historic Sweetwater River is located along a portion of the western edge of the Inland Parcel. This is considered potentially sensitive habitat and will be enhanced and protected when development occurs on the Inland Parcel. The proposed Amendment #12 is a change in land use only and will not affect the site's sensitive habitat designation or the site's sensitive habitat. The Inland Parcel is visible from the north (State Route 54), however, therefore no coastal views or vistas from or to the Inland Parcel. The land use change will include a Precise Plan Modifying District which will require the development of specific design and land development criteria to ensure the visual quality of the Inland Parcel. SECTION IV. The City Council hereby directs the Mayor to submit Amendment # 12 to the certified Chula Vista Local Coastal Program to the California Coastal Commission in accordance with Section 13552 of Title 14 of the California Code of Regulations. Ordinance No. 2613 Page 4 SECTION V. Amendment #12. Exhibit #3 - Land Use Districts, Sections 19.84, 19.85, 19.87 of the certified Chula Vista Local Coastal Program - Bayfront Specific Plan and Exhibit #3 - Land Use, Table 3-1, Policy UU.6.B, Table 3-2, Table 3-2A, Section IV.D. of the certified Chula Vista Local Coastal Program - Land Use Plan are amended in accordance with Local Coastal Program Amendment #12 attached hereto as Exhibit A and incorporated herein by this reference. SECTION VI. This ordinance shall take effect and be in full force on the 31 st day after its adoption or immediately following approval of Amendment #12 of the certified Local Coastal Program by the California Coastal Commission, whichever is later. SECTION VII. Invalidity; Revocation It is the intention of the City Council at its adoption of this ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision or conditions are determined by a court of competent jurisdiction _ to be invalid, illegal,or unenforcaable, this ordinance shall be deemed at City's election fully revoked and of no further force and effect. Presented by APP~or~ar~.Y C~dris Salomone g Community Development Director City Attorney Ordinance No. 2613 Page 5 ATFA(]~I]tVF 1 LCP Amenameut # 12 Page 29 Bayfront Specific Plan 19.84 LAND USE (I.ASSIlqCATION 19.84.001 Purpose and Scope The Chula Xrlsta Bayfront SpEcific Plan provides for the classification of land use and the regulation of development by Land Use District. These classifications, "Districts", are depicted on Exhibit #3, herein. Each Land Use District contains a set of regulations setting forth the standards for development within that District. This section provides the development standards relating to pErmitted uses within each District. Additional spEcific use regulations are included in Chapter 19.87, Subarea SpEcific Development Standards, herein. 19.M.002 Comm~xcial Land Use Districts 1. Visitor - Commercial: This use is pErmitted only in the Midbayfront, Subarea 1. Refer to Chapter 19.87, Subarea SpEcific Development Standards for Subarea 1. 2. Thorouglffare Commercial: All lands on Exhibit #3, Land Use Districts, designated as Thoroughfare Commercial shall be permitted to accommodate the following uses: a. For Subarea 1 - Midbayfront Subarea Refer to Chapter 19.87, Subarea Specific Development Standards. b. For Subarea 2 - Industrial Subarea 1) Food Sales Commercial 2) Convenience Sales and Service Commercial 3) Transient Habitation Commercial 4) Automotive Servicing Commercial S) Automotive Repair and Cleaning Commercial 6) Automotive Fee Parking Commercial 7) Group Assembly Commercial 8) Parking Services Civic 9) Community Assembly Civic 10) Administrative Civic 11) Utility and Vehicular Civic 12) SpEcial Signs 13) Development Signs 14) Realty Signs 15) Civic Signs 16) Business Signs c. For Subarea 4 - Inland Parcel Refer to Section 19.87, Subarea Specific Development Standards 3. Comrnercial- Professional and Administrative: All lands on Exhibit #3, Land Use Districts, designated on Professional and Administrative (including portions within the Central Resort District), shall be pErmitted to accommodate the following uses: Ordinance No. 2613 Page 6 USE - R'schlbit 3 Ordinance No. 2613 Page 7 LCP ~mendment #12 Page 35 Specific Plan 19.85 DEVELOPlVlENr CP,/I-I~;I{IA 19.85.001 Purpose and Scope This Chapter of the Chula Vista Bayfront Specific Plan provides development criteria for each Land Use District with the plan area. Additional development criteria are included in Chapter 19.87, Subarea Specific Development Standards, herein. 19.85.002 Permitted Uses Permitted Uses for each Land Use District are listed in Chapter 19.84, Land Use Classification. 19.85.003 Development Intensity The development intensity is established by using a Floor Area Ratio (FAR), a specific maximum square footage allowance, or through setback and height controls, depending on the subarea. Following are the applicable development intensities for each land use category listed by subarea: 1. Subarea 1 - Midbayfront: The development intensity for the Midbayfront subarea is established by the specific square footage allowances described in Chapter 19.87 herein. 2. Subarea 2 - Industrial Area: a. Industrial - General: Maximum FAR 03 b. Industrial - Research & Limited: Maximum FAR 0.5 c. Public-Quasi Public: Area designated for landscaped parking may be incorporated into the adjacent land use area for FAR calcniations. d. Parks & Recreation: Development intensity limited by minimally permitted uses. e. Open Space: none f. Special conditions "C" and I'F" on Exhibit 4, Building Heights: see special standards in Chapter 19.87 for Subarea 2. 3. Subarea 3 - Southern Parcel: The only land use in this subarea is Industrial - General which is limited to an FAR of 0.5. 4. Subarea 4 - Inland Parcel: For the Industrial General land use in this subarea, the maximum development intensity is established by the Height Regulations, Section 19.85.004, and Site Development Standards, Sections 19.85.009, and Section 19.83.005. For the Commercial Thoroughfare land use in this subarea, development is subject to the Central Commercial Zone with Precise Plan Modifying District as described in Chapters 19.36 and 19.56 of the Chula Vista Municipal Code except as modified by this Specific Plan. 5. Subarea 5 - Falvre Street subarea: The only land use in this subarea is Industrial - General. The maximum development intensity is established by the Height Regulations Chapter 19.85.004; and, Site Development Standards, Chapter 19.85.009 and Chapter 19.85.005. Ordinance No. 2613 Page 8 LCP Amendment #12 Page 41 Bayfront Specific Plan 5) To provide standards of acceptability for signs in order to facilitate the review and approval process by the City of Chula Vista. b. Scale of Signs for the Midbayfront subarea: The two most prominent signs in the Midbayfront will be the Midbayfront gateway monument and the high- and mid-rise hotel building wall signs. Because of the importance of these signs, the following specific regulations are provided: 1) Midbayfront Gateway Monument: The sign element containing copy shall not exceed a maximum height of 5'-6". The architectural element containing the sign shall not exceed 12 feet in height. The maximum copy area per sign face shall not exceed 50 square feet. Illustrations of a gateway monument meeting these standards follow as a guideline. 2) High-rise Hotel Building Wall Signs: Only allowed on hotel buildings greater than eight stories in height. Two signs per building, 300 square feet maximum each sign. Individual letters or logo only; maximum sign height shall be 7 feet. An illustration of this type of sign follows as a guideline. Sign design and lettering shall not permit perching by avian predators of the California least tem, light-looted clapper rail, or Belcllng's Savannah sparrow. 2. Inland Parcel, Subarea 4 - For land designated as Industrial General, signs shall be subject to the Industrial General zone, Section 19.46 of the Chula Vista Municipal Code except as modified by the provisions of this Specific Plan and for land designated as Commercial Thoroughfare, signs shall be subject to the Central Commercial Zone with Precise Plan Modifying District as described in Sections 19.36 and 19.56 of the Chula Vista Municipal Code except as modified by this Specific Plan. 19.85.006 Form and Appearance 1. Form and Appearance Objectives The following objectives shall serve as guidelines for use of land and water resources to preserve a sound natural environment: a.Preserve existing wetlands in a healthy state to ensure the aesthetic enjoyment of marshes and the wildlife which inhabit them. b. Change the existing industrial image of the Bayfront, and develop a new identity consonant with its future prominent public and commercial recreational role. Ordinance No. 2613 Page 9 LC~ Amenrln~r~ #12 Page 91 Bayfrom Specific Plan j. Compact parking stalls shall be permitted with dimensions of 7.5 feet wide by 16 feet in length. The number of these stalls nmy be authorized to a maximum of 20% of the required parking. 19.87.004 Inland Parcel Subarea Development of land designated as Industrial General in this Subarea is subject to the I-General Industrial zone, Chapter 19.46 of the Chula Vista Municipal Code, except as modified by the pmvisious of this Specific Plan. Development of land designated as Commercial Thoroughfare in this Subarea is subject to the Central Commercial Zone with Precise Plan Modifying District as described in Chapters 19.36 and 19.56 of the Chula Vista Municipal Code except as modified by this Specific Plan. 19.87.005 Falvre Street Subarea. Development in this subarea is subject to the regulations of the San Diego County Zoning ordinance for general Impact Industrial use zoned M-54 (FP), manufacturing industrial zone with flood plain overlay zone, except as modified by this Specific Plan. 19.87.006 Palm~/Bay Boulevard Subarea Development in this subarea is subject to the I-L-P, Limited Industrial Zone with Precise Plan Modifying District, as described in Sections 19.44 and 19.54 of the Chula Vista Municipal Code except as modified by this Specific Plan. Ordinance No. 2613 Page 10 I Ordinance No. 2613 Page 11 L(~ Amendment #12 Land Use Plan Page IIl-ll TABLE 3-1 SUMMARY OF PERMII-rED LAND USES BY SUBAREA (ApF!o]elnmte area - in acres) SUBAREA Residential, high 18 18 Commercial - Visitor 11 11 - Thoroughfare 12 8 4 32 - Professional & Administrative 12 * 12 - Research & Limited 81 10 8 63 - General 284 155 98 4 Publk&OpenSpaee - Public & Quasi-Public 18 6 - parks & Recreation 37 34 3 - Water 8 8 - Open Space 301 22 11 268 - Qrculation/Other 27 14 8 3 2 Special Plan Area - Central Resort District 40 40 Major ~ation 159 TOTALS 1013 161 215 101 36 8 63 270 * Allocated within Centca] Resort District as a pennined use NOTE: Acreages are indicated to the nearest acre based on planimeter readings and available information. Minorrefinements that may result from the development permit and subdivision process shall not reqnire an amendment to this LCP provided that the character of development and approximate proportion of [and uses is maintained. Ordinance No. 2613 Page 12 LQ~ Amencln~ut #12 Land Use Plan Page III-7 Policy L.U.6.B. recreation uses; 4) limited business and personal services (business services shall be defined as ancillary support services which serve the travelling businessperson [i.e., copy centers, postal outlets, etc.]); and, 5) public and quasi-public uses such as public transportation facilities, places of worship, and day care facilities. Allocation: approximately 11 acres (1 percent of development area, not including major circulation). [Note: These uses are also provided with the Central Resort District where allocations among uses may vary.] Visitor l~ghway. This land use designation illdudes primarily motel and restaurant facilities similar to the existing development that principally serve auto-oriented traffic and require dear visibility flom the I-5 corridor. Additional pealfitted uses would include gas stations and similar tl'aveler directed goods and services and convenience sales and services to accommodate the marina and RV park residents as well as the highway traveler. Land uses not permitted wjthln this des'~gnafion are those which would principally serve pedestrian traffic or those that would be more appropriate in connection with the Central Resort District provided for elsewhere in the Plan. Allocation: apprnxlmmely 4 acres. Commercial Thomn_e. hfare. This land use classification will allow central co, ,.i .ercial tyl~e uses such as retail stores,and services, spedalp/shop, personal and business services that are connnsmity oriellted. Commezdal Thoroughfare is limited to 32 acres located in the Inland Parcel - Subarea 4. This subarea is located inland from the Oaula Vista Bayfrom adjacent to State Route 54 and has no coastal exposure. _ Professional and ieaiminlstrative Cor~lIlelcial. Two areas for Professional and b'lmlnlsll'aliv~ Connmmja[ are provided. The first is indicated on Land Use Map, Exhibit 3, page 1II-3, within the Indllstri~ stlbatEa. This area is appmx, lmmely 12 acres. The permitted uses include atlmlni~tl'ative Office and support uses for the adjacent industrial uses. The second area is a permitted use within the Cennal Resort District of the Midbayfront subarea, which permits 60,000 sq.ft. of Professional and blmin;~zative, illdlldin~; 8amlni~'tratiVe and executive office, finnndal offices and services and medical offices. Ordinance No. 2613 Page 13 L(2~ Amendment #12 Land Use Plan Page III-15 TABLE 3-2 PERMII'II~.D DEVELOPMENT INTENSrlY SUB~ USE DEVELOPMENT INTENSITY Subarea I - Midbayfmnt Central Resort District (See Table 3-2A) Residential - High Residential: 949,000 sq. ft./700 du Visitor Cemmereial Western Parcel: 204,000 sq. ft./250 hotel rooms; Eastern Parcel: 200,000 sq. ft./250 hotel rooms Public & Open Space Uses Intensity limited by minimal permitted uses; except Cultural Arts Facility 75,000 sq. fL (2,000 seats) Subarea 2 - Industrial Industrial (IR & IG) FAR 0.5 except Special Condition "C" (see notes) Commercial - Visitor/Highway FAR 0.25 except Special Condition "F" (see notes) Commercial - Prof. & Admin. Special Condition "C" (see notes) Landscaped Parking May be included in adjacent parcel for FAR calculation with required improvements and use agreement. Parks & Recreation Intensity limited by minimal permitted uses Subarea 3 - Southern Parcel Industrial FAR 0.S Subareas 4, 5, and 6 Industrial General Existing Zoning Commercial Thoroughfare Existing Zoning (CC-P) Subarea 7 - Sweetwater Marsh National W'zldlife Refuge Open Space Determined by USF&WS NOTES: FAR = Floor area ratio or ratio of gross building area to net developable land area. Special Condition "C": FAR of 0.TS permitted subject to special conditions - See Special Condition 'C" (Bayfront Specific Plan See. V.D) and Subarea 2 Standards of the Bayfront Specific Plan, provided that the corresponding demolition/removal of existing structures elsewhere on the Rohr campus commensurate with tile allowed bonus will occur in a timely fashion and associated traffic impacts will be mitigated to LOS "D" or better at tile Bay Blvd./"E" Street/I-S interchange. Special Condition "F': In the event additional land area is gaioed for development of properties located at the northeast and southeast corners of Bay Boulevard and "j" Street by covering adjacent dr'ainage channels, the on-site FAR and setbacks may vary in accordance with Special Condition "7 (Bayfront Specific Plan See. V.D) and Subarea 2 Standards of the Bayfront Spedfie Plan. Ordinance No. 2613 Page 14 LCP Amendment #12 Land Use Plan Page IV-13 C. Subarea 3 - Southern Pared 1. Special Subarea Conditions The southern parcel is located south of "L" Street and west of I-5. This area is within the Coastal Zone but is not covered by the Bayfront Plan. The entire area contains approximately 90 acres. The majority of this area (65 acres) is part of the SDG&E generating plant. In addition, there is a small area (4 acres) which is used as part of the salt works, and an area (21 acres) which is developed with light industrial According to an existing agreement among the State, National City, and the salt marsh operator, the salt works will be incorporated into a State wildlife preserve over a twenty year period. The remaining area is designated for industrial use on the General Plan and is zoned I (Industrial), consistent with its use. It is anticipated that the SDG&E facility will remain in operation on a permanent basis, while the salt works will continue into the foreseeable future. The industrial land is located between Bay Boulevard and I-5 and does not have any direct Bay frontage. 2. Subarea Obiectives/Polides Objective S3.A Provide for maintenance of appropriate existing development and long term conversion of potential habitat areas to protected open space. Policy S3a~,l Predude any visitor-serving facilities here because of the pm~imlt:y of the freeway and the generating plant. In addition, no uses shall be located on this property which would economically compete with the Bayfront. D. Subarea 4 - Inland Parcel 1. Special Subarea Conditions The inland parcel is located north of "C' Street and west of Broadway. This area contains approximately 80 acres. A major portion of this area has been used for SR-54 and the Sweetwater River Channel. The property is designated for Industrial - General and Commercial Thoroughfare land uses. This area is not coastal-related. Approximately 4 acres of the Inland Parcel is currently developed with Industrial - General uses and the balance of the subarea is vacant but planned for community oriented retail and service development. 2. Subarea Objectives/Politics Objective S5 .A Allow, community oriented commercial development with assurance that improvements are adequately protected from flood Ordinance No. 2613 Page 15 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day November, 1994, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki C. Soderquist, De'~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2613 had its first reading on November 15, 1994, and its second reading and adoption at a regular meeting of said City Council on the 22nd day of November, 1994. Executed this 22nd day of November, 1994. Vicki C. Soderquist, Det~p\u, ty City Clerk