HomeMy WebLinkAboutPlanning Comm Reports/1987/03/25 REVISED
AGENDA
City Planning Commission
Chula Vista, California
Wednesday, March 25, 1987 - 7:00 p.m. City Council Chambers
PLEDGE OF ALLEGIANCE - SILENT PRAYER
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meetings of January 28, February 25 and March 11, 1987
ORAL COMMUNICATIONS
1. PUBLIC HEARING: Conditional Use Permit PCC-87-34: Request to construct
a self-service gasoline island at the southwest corner
of Broadway and 'F' Street - Circle K Corporation
2. PUBLIC HEARING: Draft EIR-86-3(a) Town Centre II Redevelopment Plan
Amendment
3. REPORT on Town Centre II Redevelopment Plan Amendment, making certain
findings regarding General Plan conformity and transmitting
documents to the Redevelopment Agency and City Council
DIRECTOR'S REPORT
COMMISSION COMMENTS
OTHER BUSINESS: General Discussion of the Following:
a) height of industrial walls adjacent to
residential areas
b) height and setbacks for RV's
c) setbacks for buildings of 3 stories and up
ADJOURNMENT AT to the Regular Business Meeting of April 9, 1987
at 7:00 p.m. in the Council Chambers
March 19, 1987
TO: City Planning Commission
FROM: George Krempl, Director of Planning
SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of
March 25, 1987
1. PUBLIC HEARING: Conditional Use Permit PCC-87-34; request to construct
self-service gasoline island at the southwest corne,
of Broadway and "F" Street - Circle K Corporation
A. BACKGROUND
This item is a proposal to construct a single self-service gasoline island
consisting of three pumps covered by a 24 ft. x 40 ft. canopy at the
southwest corner of Broadway and "F" Street in the C-T zone. By
definition, the pump island is considered a "service station" and thus
subject to approval of a conditional use permit.
An Initial Study, IS-87-34, of possible adverse environmental impacts of
the project was conducted by the Environmental Review Coordinator on
February 16, 1987. The Environmental Review Coordinator concluded that
there would be no significant environmental effects and recommended that
the Negative Declaration be adopted.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-87-34.
2. Based on findings contained in Section "E" of this report, adopt a
motion to approve the request, PCC-87-34, to construct a self-service
pump island at the southwest corner of Broadway and "F" Street
subject to the following condition:
Any appeal from the decision of the Zoning Administrator in
regard to site plan and architectural approval of the project
shall first be referred to the Design Review Committee for
recommendation.
C. DISCUSSION
Adjacent zoning and land use
North C-T Self-serve car wash
South C-T Retail commercial
East C-T Restaurant
West R-3 Single & multiple residential
City Planning Commission
Agenda Items for Meeting of March 25, 1987 Page 2
Existing site characteristics
This corner site has 300 ft. of frontage on "F" Street and 150 ft. of
frontage on Broadway, for a total site area of 45,000 sq. ft. or 1.02
acres. The property has until recently served as a lumberyard/building
supplies store and the structures and outbuildings associated with this
use are presently being cleared from the site. A single family dwelling
and apartment units abut the property to the west, and retail commercial
uses are located to the south.
Proposed use
The site will be developed into a small commercial center containing a
single 12,300 sq. ft. building along the southerly property line and 58
on-site parking spaces. The Circle K Store will occupy 2,680 sq. ft. at
the east end of the building with the pump island and canopy located
directly to the north adjacent to the intersection. The site will be
served by three driveways, two off "F" Street and one off Broadway.
D. ANALYSIS
Section 19.58.280 of the Municipal Code provides that service stations
shall clearly be required by public convenience, that they shall not cause
traffic hazards or undue congestion, and that they shall not result in a
nuisance to residences or other surrounding uses.
As was stated in a recent staff report on a pump island approved for a
7-Eleven store, the requirement to find a clear public need is primarily
designed to counter-balance the historical tendency of conventional
service stations to proliferate beyond reason and thereby create
conditions favoring marginal operations and inappropriate reuse of
facilities. The same market forces do not seem to prevail in the case of
convenience stores, and gas simply becomes one of the convenience items
offered by the store. Nevertheless, the Circle K facility would offer the
only gas available on "F" Street and within 1/4 mile in either direction
on Broadway.
In terms of traffic hazards and congestion, the site has been designed so
that three to four automobiles can stack for the pumps without interfering
with the access drives or internal parking lot circulation. Also, the
circulation lane to the north of the island is 24 ft. wide in order to
allow movement around stacked vehicles. These provisions would appear to
be adequate to accommodate the level of activity generated by the single
pump island. Also with no expectation of traffic congestion and no
on-site repair activities, the proposal should have no adverse impact on
adjacent residents or uses.
Since the site plan and elevations for the project are subject to review
by the Zoning Administrator rather than the Design Review Committee, it is
appropriate to discuss two issues raised by the canopy design and sign
proposal submitted by the applicant.
City Planning Commission
Agenda Items for Meeting of March 25, 1987 Page 3
First, it has been found that less is better in the case of relatively
small freestanding canopies. Any attempt to carry-over the roof treatment
of the main building or the use of prominent signs or graphics as proposed
by Circle K, only serves to call attention to an architecturally weak and
unattractive structure. The most successful approach has been to minimize
the bulk and visibility of the overhead by using a flat roof with a narrow
fascia.
Secondly, the Circle K logo sign does not integrate well with the lines of
the building, but appears as a bulky projection designed to elevate and
thrust the symbol out toward the street from roof level. It is
specifically intended not to integrate with the roof line, and would be
unacceptable to the Zoning Administrator as either an exception from or
precedent for other sings within the center.
It will be the intent of the Zoning Administrator to work with the
developer of the property to substantially reduce the bulk of the canopy
and to achieve an architecturally integrated and coordinated sign program
for the entire center. In this regard, we have included a recommended
condition of approval that any decision of the Zoning Administrator which
is appealed to the Planning Commission shall first be referred to the
Design Review Committee for recommendation.
E. FIrlDINGS
1. That the proposed use at the location is necessary or desirable to
provide a service or facility which will contribute to the general well being
of the neighborhood or the community.
The self-service gas facility will provide a convenience to motorists
in the vicinity of Broadway and "F" Street. There are no other gas
facilities on "F" Street or within 1/4 mile of the site on Broadway.
2. That such use will not under the circumstances of the particular
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.
The site has been designed to accommodate the use without creating
traffic hazards or congestion. The pump island is located on the
opposite side of the site from residential areas to the west. The
Zoning Administrator shall take steps to ensure that the design of
the project is consistent with the principles for site plan and
architectural approval.
3. That the proposed use will comply with the regulations and
conditions specified in the code for such use.
The proposal complies with all conditions specified in the Zoning
Ordinance for service stations. Compliance with all applicable
codes, regulations and conditions will be required prior to the
issuance of development penni ts for the project.
City Planning Commission
Agenda Items for Meeting of March 25, 1987 Page 4
4. That the granting of this conditional use permit will not adversely
affect the general plan of the City or the adopted plan of any government
agency.
the General Plan recognizes the need for service station facilities
at appropriate locations convenient to the motoring public. The
proposal in question is such a facility.
WPC 3689P/2652P
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PCC-87-34 '
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negative declaration
PROJECT NAME: Broadway Center
PROJECT LOCATION: 300 Broadway
PROJECT APPLICANT: Sam Dimenstein, P.O. Box 1082, San Ysidro, CA 92073
CASE NO: IS-87-34 DATE: February 16, 1987
A. Project Setting
The project is located within the urbanized area of Chula Vista at the
southwest corner of Broadway and "F" Street. The project site was the
operation of a lumber yard with associated office and storage structures;
it is now'closed.
The site like many areas of Chula Vista is likely to contain expansive
soils, this is a condition that can be treated through remedial grading.
Because the site and surrounding area have been previously urbanized,
there are no sensitive natural nor cultural resources present. All urban
infrastructure systems are present to serve the project.
B. Project Description
The project consists of demolition of the existing structures and the
construction of 12,345 feet of retail commercial floor area and the sale
of gasoline at one pump island. About 58 parking spaces and landscaping
would also be provided along with 2 feet of additional right-of-way along
"F" Street. Access would be from both "F" Street and Broadway.
C. Compatibility with Zoning and Plans
The proposed project is in conformance with both the zoning of the
property (C-T) and the General Plan.
D. Identification of Environmental Effects
The only potentially significant environmental impact which may result
from this project is the probable presence of expansive soils. This
impact can and will be mitigated through remedial grading of the property.
E. Findings of Insignificant Impact
1. The project site is currently urbanized and no sensitive resources
will be impacted. All infrastructure components are available to
serve the project.
city of chula vista planning department CFIYOF
environmental review section _CHULA VI~I'A;,
2. The project conforms to the General Plan and zoning, and therefore,
will not achieve any short-term goals to the disadvantage of
long-term goals.
3. Because of the scale of project and the urbanized nature of the
project area there will be no significant cumulative impact.
4. Standard development regulations and performance standards will
preclude any adverse impact on human beings.
F. Consultation
1. Individuals and Organizations
City of Chula Vista: Mando Liuag, Associate Planner
Roger Daoust, Senior Civil Engineer
Duane Bazzel, Associate Planner
Len Hansell, Building and Housing Department
Carol Gove, Fire Marshal
Chuck Glass, Traffic Engineer
2. Documents
Chula Vista General Plan
Chula Vista Municipal Code
IS-78-5
IS-?9-16
The Initial Study application and evaluation forms documenting the findings of
no significant impact are on file and available for public review at the Chula
Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
ENVI RON~REVIEW COORDI 0
WPC 361 OP
city of chula vista planning department CI1YOF
environmental review section CHUI. A VISTA
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.2.
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
Sam Dimmenstein
Circle K Corporation
List the names of all persons having any ownership interest in the property involved.
Sam Dimmenstein
2. 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.
3. If any person identified pursuant to {1) above is a 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.
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No If yes, please indicate person(s)
IPerson is defined as: "Any individual, firm, copartnership, joint venture, association, ~
~ club, fraternal organization, corporation, estate, ~ust, receive~, syndicate,
this and any other county, city and county, city, munic )ality, distr~ct or other
political subdivision, or any other group or combination act as a unit."
necessary.)/~ ~ ~
{NOTE: Attach additional pages as '~
Signabure of ap~ :ant/date
WPC 0701P Howard J. Schul AIA/agent for Circle K Corp.
A-110 Print or type name of applicant
City Planning Commission
Agenda Items for Meeting of March 25, 1987 Page 1
2. PUBLIC HEARING: Draft EIR-86-3(A) Town Centre II Redevelopment Plan
~mendment
A. BACKGROUND
A previous EIR for this project was circulated for public and agency
review and that Final EIR has been certified by the Planning Commission
and City Council. The purpose of this document is to expand the
discussion of the fiscal aspects of project description so that other
potential taxing agencies, such as the San Diego County Board of
Education, San Diego County Water Authority, the Sweetwater Authority and
the Board of Equalization can provide input. None of the 13 potential
taxing agencies have responded to the Draft EIR and only one agency
(Sweetwater Authority) responded to the Notice of Preparation circulated
30 days prior the issuance of the DEIR (letter attached).
B. RECOMMENDATION
Open the public hearing and take testimony relevant to the Draft EIR and
close the hearing. At the close of the hearing take one of the following
actions:
1. If there is no significant comments on the Draft EIR or if all
comments are responded to adequately - certify that EIR-83-3(A) has
been prepared in accordance with CEQA, the State CEQA Guidelines and
the Environmental Review Procedures of the City of Chula Vista and
that the Commission has reviewed and considered the information in
the EIR; or
2. That the Planning Commission schedule consideration of the Final EIR
for April 8, 1987.
C. PROJECT DESCRIPTION
The focus of this amendment to the Town Centre II Redevelopment Plan is to
provide for the use of tax increment revenues generated by the project to
finance the project, including sales tax and use tax revenue sources as
may be transferred from the City of Chula Vista to the Redevelopment
Agency. The Redevelopment Plan will be amended to include limitations
that:
1. Set forth the maximum amount of tax increment revenues the
Redevelopment Agency may receive during the term of the Redevelopment
Plan, and
City Planning Commission
Agenda Items for Meeting of March 25, 1987 Page 2
2. Set forth the maximum amount of bond indebtedness that may be
outstanding at any one time. The Amendment also includes a listing
of potential projects that the Redevelopment Agency contemplates
implementing under the Redevelopment Plan, and attendant
administrative changes to the Redevelopment Plan required by the
Community Redevelopment Law as part of the amendment process.
D. ANALYSIS
Anticipated net revenues to the City of Chula Vista generated by the
project are the property tax increment, to be utilized by the City's
Redevelopment Agency, and an increase in the share of sales tax revenue to
the City. If, as initially proposed, only the tax increment is utilized,
there would not be sufficient funds to cover debt service associated with
the share costs to be financed by the redevelopment Agency, even assuming
90% of the increment to be allocated to the City.
From the perspective of the City, however, the project may generate
substantial revenues from increased sales taxes and from forestalling a
potential decline in sales taxes, if no redevelopment were to occur.
Based on projected sales after redevelopment, property tax increment plus
increase in sales tax over the estimated 1986 level will be sufficient to
cover debt service for the proposed project, under all assumptions
regarding the allocation of tax increment between the City and other
jurisdictions.
The project will have a positive net fiscal impact, if the City authorizes
the application of a portion of increased sales tax to the Redevelopment
Agency for debt service and other project costs.
WPC 3698P
S~. -ETWATER AUTHORI~ ~
505 GARRETT AVENUE GOVERNING BOARD
January 21, 1987 CONTROLLER~ECR~i'ARY
Mr. Douglas Reid
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 92010
Subject: DRAFT EIR - CHULA VISTA TOWN CENTRE II
DIVISION OF AD VALOREM TAXES WITHIN PROJECT AREA
Dear Mr. Reid:
We have received your Notice of Preparation of Draft Environmental
Impact Report on subject project, and on January 15, 1987 responded
regarding the effect of the project on our facilities. A copy of
this letter is attached.
Your Notice of Preparation of a Draft Environmental Impact Report
received January 16, 1987 deals primarily with how financing can be
implemented into your project. A copy of the draft report was not
attached to your letter. In a phone conversation between you and
Mr. Joseph Gray of Sweetwater Authority on January 20, 1987, you
indicated the draft EIR has not yet been prepared.
Until we have reviewed this draft EIR, our agency cannot make a
response. Therefore, when your draft EIR has been completed, please
send us a copy and we will evaluate the report and at that time make
a response.
If you have any questions, please call Mr. Joseph Gray at 420-1413.
Sincerely, /~
TY
R_I YSWEETWATER THO
JAN 2; IS F
A1 R./~/_o~en~_en
Oper qs Manager PLAN ING DEPARTMEN
ARS :J EG:I n CHULA VISTA, CAUFOR
enclosure: Letter from Sweetwater Authority dated 1-15-87
NLTI:CVTNCNTR
~t Public ?lgency,
Serving Natt~nal City Chula Fista and Surroundt~g ?lreas
City Planning Commission
Agenda Items for Meeting of March 25, 1987
3. Report on Town Centre II Redevelopment Plan Amendment, making certain
findings re§arding General Plan conformity and transmittin~
documents to the Redevelopment Agency and City Council
TO: Chairman and Members of the Planning Commission
FROM: Paul Desrochers, Community Development Director/d~//
SUBJECT: Town Centre II Amended Redevelopment Plan
The Redevelopment Agency is proposing to amend the Town Centre II
Redevelopment Plan to give the Agency the capability to collect tax
increments. Before the amended plan can be adopted, however, state law
requires that certain findings and actions be made by the Planning Commission.
On August 15, 1978, the Town Centre II Redevelopment Plan and Project Area was
adopted. The action was taken as an attempt to arrest a perceived decline in
the Chula Vista Shopping Center and was viewed as a means of inducing a
public-private cooperative venture to expand and/or enhance the center.
However, since the adopted plan contained no provision to allow the Agency to
collect tax increments, the extent that the Agency has been able to
participate in proposed redevelopment of the center has been limited.
The Agency is currently considering participation in an extensive project to
redevelop the shopping center. In order for the project to go forward, AGency
financial participation is required and that financial participation is
proposed to include tax increment funds.
A proposed amended redevelopment plan, giving the Agency the power to collect
tax increments was distributed to the Commission at a previous meeting.
Within the next two months, the Agency and the Council are expected to
consider approval and adoption of the amended plan. Prior to that action
occurring, state law requires that the Planning Commission approve the
following actions. These actions are incorporated in the attached resolution
and can be described as follows:
1. The Planning Commission must make the finding that the Amended
Redevelopment Plan is in conformance with the Chula Vista General Plan and
with the standards, regulations, requirements, and intent of the City
Municipal Code and Zoning Ordinance.
2. The Commission must recommend that the City Council and Redevelopment
Agency concur with the above findings and must recommend that the Council
and Agency approve and adopt the amended plan.
3. The Commission must approve and transmit to the Council and the Agency a
report on the amended Town Centre II Redevelopment Plan and project area.
Chairman and t~embers of
the Planning Commission -2- March 19, 1987
The report is attached and includes the following information: background
history of the Town Centre II Redevelopment Plan, explanation of the perceived
need for a plan amendment, procedures required by the California Health and
Safety Code to amend the plan, discussion of the EIR for the plan amendment,
summary of information submitted to the Commission and proposed findings and
recommendations of the Commission.
WPC 2772H
DRAFT
March 25, 1987
TO: Mayor and Members of the Chula Vista City Council;
Chairman and Members of the Chula Vista Redevelopment Agency
FROM: Chairman and Members of the Chula Vista Planning Commission
SUBJECT: Report of the Chula Vista Planning Commission
Re: Amended Town Centre II Redevelopment Plan and Project Area
Background
The Chula Vista City Council and the Chula Vista Redevelopment Agency have
pursued the use of the California Community Redevelopment Law, Sections 33000
et. seq. to alleviate physical, social, environmental, and economic blight
~ndl~t-i-ons in the community which could not have been corrected by the private
enterprise acting alone.
The Town Centre No. II Redevelopment Project was adopted by the City Council
of the City of Chula Vista on August 15, 1978, by Ordinance No. 1827,
consisting of the Chula Vista Shopping Center and the Sears retail center,
accommodating approximately 65.41(~) acres.
Although the Town Centre No. II Redevelopment Plan was adopted in accordance
with the California Community Redevelopment Law (Section 33000 et. seq. of the
Heal th and Safety Code) then in effect, Section 710.1 of the Plan relating to
"tax increments" stated, "the use of tax increment for the financing of this
project is not provided for in this Plan."
Since the Plan's adoption, several attempts have been made to revitalize,
redevelop and enhance the economic, physical, and social character of the
Chula Vista Shopping Center and the Sears retail center without success either
individually or jointly between private enterprise and the Redevelopment
Agency. The constraint of implementation directly related to the inability of
the Redevelopment Agency to provide financial assistance required for on- and
off-site improvements necessary for the redevelopment of the Project Area, and
the lack of financial resources available to the Agency to create the
public/private relationship necessary for implementation.
In order to relieve this constraint, the Chula Vista Redevelopment Agency has
set forth a proposed amended Town Center No. II Project Redevelopment Plan,
and incorporate therein the authority to obtain tax increment revenues in
accordance with Chapter 6, Article 6, Section 33670 through 33679 of the
California Health and Safety Code.
Mayor, City of Chula Vista -2- March 25, 1987
Section 33354.5 of the Health and Safety Code states:
"33354.5 Where an agency proposes to amend a redevelopment plan which
does not utilize tax increment financing to include a tax allocation
provision, the agency shall follow the same procedure and the legislative
body is subject to the same restrictions as provided for in this article
for the adoption of a plan."
Therefore, the City Council and the Redevelopment Agency are bound by the
requirements and provisions of Chapter 4, Article 4, Sections 33330 through
33354.6 of the Health and Safety Code.
The Town Center No. II Redevelopment Plan is proposed to be amended to provide
for the division of ad valorem taxes within the Project Area, and to provide
for those terms and conditions set forth in the California Community
Redevelopment Law, required to be incorporated in an amended Redevelopment Plan
On October 8, 1986 the Planning Commission of the City of Chula Vista adopted
Resolution No. PCM 87-5 approving the Amended Preliminary Redevelopment Plan
for the Town Centre II Redevelopment Project Area. Subsequently, the
Redevelopment Agency of the City of Chula Vista on October 16, 1986, received
a report from the Planning Commission relative to the Amended Preliminary Plan
and adopted Resolution No. 740 accepting the Amended Preliminary Redevelopment
Plan.
Subsequently, the Draft Amended Redevelopment Plan for the Town Centre II
Redevelopment Project Area was prepared and authorized for distribution by the
Chula Vista Redevelopment Agency on January 15, 1987 by Resolution 764.
Section 33330 of the California Health and Safety Code states:
"33330. Each agency shall prepare or cause to be prepared, and approve,
a~velopment Plan for each Project Area and for the purpose may hold
hearings and conduct examinations, investigations, and other
negotiations. The Agency shall consult with the Planning Commission of
the community and with the Project Area Committee, if applicable, in
preparing a Redevelopment Plan."
In addition, Section 33331 of the California Health and Safety Code states:
"33331. Every Redevelopment Plan shall conform to the General Plan
insofar as the latter applies to the Project Area."
Finally, Sections 33346 and 33347 of the California Health and Safety Code
state:
"33346. Before the Redevelopment Plan of each Project Area is submitted
to the legislative body, it shall be submitted to the Planning Commission
for its report and recommendations concerning the Redevelopment Plan and
its conformity to the General Plan adopted by the Planning Commission or
the legislative body. The Planning Commission may recommend for, or
against, the approval of the Redevelopment Plan."
Mayor, City of Chula Vista -3- March 25, 1987
"33347. Within 30 days after a Redevelopment Plan is submitted to it for
c~eration, the Planning Commission shall make and file its report and
recommendations with the Agency. If the Planning Commission does not
report upon the Redevelopment Plan within 30 days after its submission by
the Agency, the Planning Commission shall be deemed to have waived its
report and recommendations concerning the plan and the Agency may
thereafter approve the Plan without the report and recommendations of the
Planning Commission."
Section 65402 of the Government Code provides in part:
"a) If a General Plan or part thereof has been adopted, no real property
shall be acquired by dedication or otherwise for street, square,
park, or other public purposes, and no real property shall be
disposed of, no street shall be vacated or abandoned, and no public
building or structure shall be constructed or authorized, if the
adopted General Plan or Part thereof applies thereto, until the
location, purpose, and extent of such acquisition or disposition,
such street vacation or abandonment, or such public building or
structure have been submitted to and reported upon by the planning
agency as to conformity with said adopted General Plan or part
thereof. The planning agency shall render its report as to
conformity wi th said adopted general plan or part thereof wi thin
forty (40) days after the matter was submitted to it, or such longer
period of time as may be designated by the legislative body.
If the legislative body so provides, by ordinance or resolution, the
provisions of this subdivision shall not apply to: {1) the
disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes; (2) acquisitions, dispositions,
or abandonments for street widening; or {3) alignment projects,
provided such dispositions for street purposes, acquisitions,
dispositions, or abandonments for street widening, or alignment
projects are of a minor nature...
c) A local agency shall not acquire real property for any of the
purposes specified in Paragraph (a) nor dispose of any real property,
nor construct or authorize a public building or structure, in any
County or City, if such County or City has adopted a General Plan or
part thereof and such General Plan or part thereof is applicable
thereto, until the location, purpose, and extent of such acquisition,
disposition, or such public building or structure have been submitted
to and reported upon by the planning agency having jurisdiction, as
to conformity with said adopted General Plan or part thereof.
Failure of the planning agency to report wi thin forty (40) days after
the matter has been submitted to it shall be conclusively deemed a
finding that the proposed acquisition, disposition, or public
building or structure is in conformity wi th said adopted general plan
or part thereof. If the planning Agency disapproves the location,
purpose or extent of such acquisition, disposition, or the public
building or structure, the disapproval may be overruled by the local
agency.
Mayor, City of Chula Vista -4- March 25, 1987
Local agency as used in this paragraph (c) means an Agency of the
State for the local performance of governmental or proprietary
functions within limited boundaries. Local agency does not include
the State, or County, or a City."
The actions of the Planning Commission and this report is intended to fulfill
the requirements of these sections.
Consideration of the Redevelopment Plan and Environmental Impact Report
In conjunction with their responsibilities and direction by the City Council
and Redevelopment Agency, the Planning Commission considered and reviewed the
proposed Amended Redevelopment Plan and Environmental Impact Report at a
Planning Commission public meeting on March 25, 1987.
Copies of the Planning Commission Minutes are attached for reference. The
meetings were all open and public. Additionally, notices of said meetings
were published in the Star-News and/or posted for public notification. Copies
of the minutes, together with a record of all information presented to the
Planning Commission are on file in the office of the Secretary of the Planning
Commission and the Executive Director of the Redevelopment Agency of the City
of Chula Vista.
The members of the Planning Commission have reviewed the Amended Preliminary
Redevelopment Plan and draft of the Final Redevelopment Plan, and have held
discussions relative to the projects and economics of the overall
redevelopment program.
Summary of Information Submitted to the Planning Commission
Information submitted to the Planning Commission included a variety of
technical and informational documents. They included the following:
1. A map of the Town Centre II Redevelopment Project Area as adopted by
the City Council on August 15, 1978;
2. The Amended Preliminary Plan proposed for the Town Centre II
Redevelopment Project Area, as approved by the Redevelopment Agency
on October 16, 1987 by Resolution No. 740;
3. The proposed Amended Town Centre II Redevelopment Plan for the
Project Area as prepared by Community Systems Associates, Inc.,
consultants to the Chula Vista Redevelopment Agency;
4. A draft Environmental Impact Report on the Amended Redevelopment Plan
as prepared by PRC Engineering, Inc.;
5. The Preliminary Report of the Redevelopment Agency to the City
Council pursuant to Section 33344.5 of the Health and Safety Code.
Mayor, City of Chula Vista -5- March 25, 1987
6. 0ral presentations at the meetings by Community Systems Associates,
Inc. and City staff.
FINDINGS AND RECOMMENDATIONS
On March 25, 1987, by Resolution No. PCM 87-18, the Planning Commission
authorized the Preparation of this report and found that the proposed Amended
Town Centre II Redevelopment Plan is in conformance with the City's adopted
General Plan. To document this conformity the Planning Commission was advised
of the following:
1. The City has an adopted General Plan which contains the State
mandated elements.
2. Section 140.3 of the Redevelopment Plan identifies the Plan's
applicability with the General Plan as follows:
"If a conflict in the regulations, standards, requirements,
conditions or procedures of this Plan occurs with regard to the
City's General Plan, Municipal Code or Zoning Ordinance, the
regulations, standards, conditions or procedures of the General
Plan, Municipal Code or Zoning Ordinance shall apply, except as
may be specifically varied by the procedures of this Plan."
3. Section 500.1 of the Redevelopment Plan identifies the Plan's
conformity with the General Plan as follows:
"This plan substantially conforms to, and is a more detailed
refinement of, the General Plan of the City of Chula Vista,
adopted by the City Council on December 15, 1970, and amendment
thereto."
4. Section llO0.1 provides an automatic amendment procedure of the
Redevelopment Plan consistent with the General Plan, as follows:
" .... In addition, this Redevelopment Plan, and in particular,
the authorized land use designations, shall be deemed to be
amended whenever the General Plan is amended .... "
5. The Agency's Preliminary Report to the City Council sites chapters
and sections of the General Plan which identify the physical, social,
economic and environmental goals and objectives of the City, and sets
forth the conditions which exist in the Project Area which require
improvement. The Amended Redevelopment Plan is consistent with these
goals and objectives, and the intent to complete these improvements.
Mayor, City of Chula Vista -6- l~arch 25, 1987
In adopting Resolution No. PCM 87-18, the Planning Commission made the
following findings with regard to the proposed Amended Town Centre II
Redevelopment Plan:
1. Within the Town Centre II Redevelopment Project Area there has
previously been determined a need to correct problems relative to
parking, circulation, land use incompatibility, and structural
dilapidation and deterioration, economic disuse, and other conditions
of blight present and anticipated on certain properties. These
conditions have caused physical, social, and economic liabilities
which necessitated the Amended Redevelopment Plan. The
implementation of the goals and policies set forth in said Plan
ensures developments which are consistent with, and in the interest
of, the health, safety, and general welfare of the people and
property owners within the Project Area in particular, and the
community in general.
2. Said proposed Amended Redevelopment Plan is consistent with, and
conforms to, the goals, policies, standards, and land use
considerations of the Amended Preliminary Redevelopment Plan, as
prepared, approved and amended by the Planning Commission and
Redevelopment Agency.
3. Pursuant to Section 33346 of the Community Redevelopment Law, said
proposed Amended Redevelopment Plan is consistent with the goals and
objectives of the City of Chula Vista General Plan, and conforms to
the standards, regulations, or requirements, and intent of the
Municipal Code and Zoning Ordinance of the City of Chula Vista.
4. Said proposed Amended Redevelopment Plan has been prepared pursuant
to the requirements and regulations of the Community Redevelopment
Law, and in particular, Section 33405 et. seq.
5. Pursuant to Section 65402 of the Government Code, with respect to
activities which may be undertaken within the Project Area pursuant
to the Amended Redevelopment Plan and that are referred to in said
section, such activities and undertakings conform to the General Plan
of the City of Chula Vista.
Also, on March 25, 1987 in adopting Resolution No. PCM 87-18, the Planning
Commission received and reviewed the draft Environmental Impact Report. The
Planning Commission found as follows:
a) The Report does adequately consider the environmental impact of
the proposed Amended Redevelopment Plan, Project Area, and
Projects proposed to be implemented pursuant to the Amended
Redevelopment Plan, subject to responsible agency comments;
b) The proposed Amended Redevelopment Plan and Project Area will
have no significant adverse environmental affect, subject to
responsible agency comments.
Mayor, City of Chula Vista -7- March 25, 1987
c) Projects proposed to be implemented pursuant to the Amended
Redevelopment Plan have been evaluated, and no potential
significant adverse environmental effects have been determined,
after the implementation of mitigation measures.
Finally, the Planning Commission recommended as follows:
1. The Chula Vista Planning Commission recommends the concurrence by the
City Council and the Chula Vista Redevelopment Agency with the stated
resolution and the above findings and that said Council and Agency
consider approval and certification of the final Environmental Impact
Report, and adopt the Amended Town Centre II Redevelopment Plan.
Prepared Pursuant to Planning
Commission Direction of March 25, 1987.
Secretary
Chula Vista Planning Commission
{date)
WPC 2775H
CITY OF CHULA VISTA PLANNING COMMISSION
RESOLUTION NO PCH-87-18
A RESOLUTION OF THE CHULA VISTA PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE AMENDED
TOWN CENTRE II REDEVELOPMENT PLAN AND PROJECT
AREA; MAING CERTAIN FINDINGS WITH REGARD TO
GENERAL PLAN CONFORMITY; AND TRANSMITTING SUCH
DOCUMENTS AND REPORT TO THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA AND THE CITY COUNCIL
OF THE CITY OF CHULA VISTA FOR CONSIDERATION,
APPROVAL, AND ADOPTION.
WHEREAS, the Town Centre No. II Redevelopment Plan and Project Area
was adopted by the City Council of the City of Chula Vista on August 15, 1978,
by Ordinance No. 1827, consisting of the Chula Vista Shopping Centre and the
Sears retail center, accommodating approximately 65.41(+) acres; and
WHEREAS, since the Plan's adoption, several attempts have been made
to revitalize, redevelop and enhance the economic, physical, and social
character of the Chula Vista Shopping Center and the Sears retail center
without success either individually or jointly between private enterprise and
the Redevelopment Agency, due to constraints directly related to the inability
of the Redevelopment Agency to provide financial assistance required for on-
and off-site improvements necessary for the redevelopment of the Project Area,
and the lack of financial resources available to the Agency to create the
public/private relationship necessary for implementation; and
WHEREAS, in order to relieve this constraint, the Chula Vista
Redevelopment Agency has determined that it is necessary to amend the Town
Center No. II Redevelopment Plan, and incorporate therein the authority to
obtain tax increment revenues in accordance with Chapter 6, Article 6, Section
33670 through 33679 of the California Health and Safety Code; and
WHEREAS, the Chula Vista Redevelopment Agency has prepared a proposed
Amended Redevelopment Plan for the Town Centre II Redevelopment Project Area
and has submitted same to the Planning Commission of the City of Chula Vista
and the Redevelopment Project Area Committee; and
WHEREAS, the proposed Amended Redevelopment Plan for the Town Centre
II Redevelopment Project Area, including the Project Area's legal description,
is on file in the office of the City Clerk of the City of Chula Vista and
incorporated herein by reference; and
~HEREAS, the City of Chula Vista has prepared a written report
pursuant to the Environmental Quality Act, as amended, regarding the
environmental impact of the proposed A~nded Redevelopment Plan, Project Area,
and Projects proposed to be implemented pursuant to the Amended Redevelopment
Plan; and
WHEREAS, the Planning Commission on the 25th day of March, 1987, at
the hour of 7:00 p.m., considered and reviewed said Amended Town Centre II
Redevelopment Plan and Project Area, as proposed; and
WHEREAS, the proposed Amended Redevelopment Plan authorizes the
Agency to acquire land for, and install or construct (or cause the
installation or construction of), certain designated public improvements and
public utilities either within or without the Project Area, subject to the
limitations contained in said Amended Redevelopment Plan; and
WHEREAS, Section 33346 of the Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) provides that the Planning Commission is to
review the proposed Amen--d-e~edevelopment Plan and make its report and
recommendation thereon to the Agency and the City Council, including a
determination that the Amended Redevelopment Plan conforms to the General Plan
of the City of Chula Vista; and
WHEREAS, the General Plan of the City of Chula Vista has been
prepared and adopted in compliance with Planning and Zoning Law (Government
Code Section 65300 et. seq.); and
WHEREAS, Section 65402 of the Government Code provides in part:
a) If a General Plan or part thereof has been adopted, no real
property shall be acquired by dedication or otherwise for
street, square, park, or other public purposes, and no real
property shall be disposed of, no street shall be vacated or
abandoned, and no public building or structure shall be
constructed or authorized, if the adopted General Plan or part
thereof applies thereto, until the location, purpose, and extent
of such acquisition or disposition, such street vacation or
abandonment, or such public building or structure have been
submitted to and reported upon by the planning agency as to
conformity with said adopted General Plan or part thereof. The
planning agency shall render its report as to conformity with
said adopted general plan or part thereof within forty (40) days
after the matter was submitted to it, or such longer period of
time as may be designated by the legislative body.
If the legislative body so provides, by ordinance or resolution,
the provisions of this subdivision shall not apply to: (1) the
disposition of the remainder of a larger parcel which was
acquired and used in part for street purposes; (2) acquisitions,
dispositions, or abandonments for street widening; or (3)
alignment projects, provided such dispositions for street
purposes, acquisitions, dispositions, or abandonments for street
widening, or alignment projects are of a minor nature...
c) A local agency shall not acquire real property for any of the
purposes specified in Paragraph (a) nor dispose of any real
property, nor construct or authorize a public building or
structure, in any County or City, if such County or City has
adopted a General Plan or part thereof and such General Plan or
part thereof is applicable thereto, until the location, purpose,
and extent of such acquisition, disposition, or such public
building or structure have been submitted to and reported upon
by the planning agency having jurisdiction, as to conformity
with said adopted General Plan or part thereof. Failure of the
planning agency to report within forty (40) days after the
matter has been submitted to it shall be conclusively deemed a
finding that the proposed acquisition, disposition, or public
building or structure is in conformity with said adopted general
plan or part thereof. If the planning Agency disapproves the
location, purpose or extent of such acquisition, disposition, or
the public building or structure, the disapproval may be
overruled by the local agency.
Local agency as used in this paragraph (c) means an Agency of
the State for the local performance of governmental or
proprietary functions within limited boundaries. Local agency
does not include the State, or County, or a City.
WHEREAS, the above-required reports and recommendations, including
matters referred to in Section 33346 of the Heal th and Safety Code and Section
65402 of the Government Code, are to be made to the Agency and the City
Council for their consideration in acting on the adoption of the Amended
Redevelopment Plan; and
WHEREAS, the Chula Vista Planning Commission has considered the
proposed Amended Redevelopment Plan, the reports prepared in connection
therewith, including the Environmental Impact Report, the General Plan of the
City, and other pertinent reports; and
WHEREAS, the Chula Vista Planning Commission has prepared a report
relative to their comments, conclusions, and findings on the proposed Amended
Town Centre II Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
PLANNING COMMISSION OF THE CITY OF CHULA VISTA, AS FOLLOWS:
Section 1. The proposed Amended Town Centre II Redevelopment Plan
has been received and reviewed by the Planning Commission and the Commission
now finds as follows:
a) Within the Town Centre II Redevelopment Project there has
previously been determined a need to correct problems relative
to parking, circulation, land use incompatibility, structural
dilapidation and deterioration, economic disuse, and other
conditions of blight present and anticipated on certain
properties. These conditions have caused physical, social, and
economic liabilities which necessitated the Redevelopment Plan.
The implementation of the goals and policies set forth in said
Plan ensures developments which are consistent with, and in the
interest of, the health, safety, and general welfare of the
people and property owners within the Project Area in
particular, and the community in general.
b) Said proposed Amended Redevelopment Plan is consistent with and
conforms to the goals, policies, standards, and land use
considerations of the Amended Preliminary Redevelopment Plan, as
prepared, approved, and amended by the Planning Commission and
Redevelopment Agency.
c) Pursuant to Section 33346 of the Community Redevelopment Law,
said proposed Amended Redevelopment Plan is consistent with the
goals and objectives of the City of Chula Vista General Plan,
and conforms to the standards, regulations, or requirements, and
intent of the Municipal Code and Zoning Ordinance of the City of
Chula Vista.
d) Said proposed Amended Redevelopment Plan has been prepared
pursuant to the requirements and regulations of the Community
Redevelopment Law, and in particular, Section 33405 et. seq.
e) Pursuant to Section 65402 of the Government Code, with respect
to activities which may be undertaken within the Project Area
pursuant to the Amended Redevelopment Plan and that are referred
to in said section, such activities and undertakings conform to
the General Plan of the City of Chula Vista.
Section 2. The Chula Vista Planning Commission does recommend the
concurrence by the Chula Vista City Council and the Chula Vista Redevelopment
Agency with the above findings and that said Council and Agency approve and
adopt the Amended Town Centre II Redevelopment Redevelopment Plan in the form
presented herewith.
Section 3. The Chula Vista Planning Commission does hereby approve
and transmit their report, attached hereto, on said proposed Redevelopment
Plan to the Chula Vista City Council and the Chula Vista Redevelopment Agency,
and this resolution and its attachments shall be deemed the report and
recommendations of the Planning Commission concerning the proposed Amended
Redevelopment Plan and contemplated public projects and activities thereunder
as required by applicable provisions of law.
Section 4. The Secretary of the Planning Commission is directed to
forward a certified copy of this Resolution, together with the proposed
Amended Town Centre II Redevelopment Plan, and the Planning Commission's
Report to the Redevelopment Agency and City Council, for consideration as part
of the Agency's Report to the City Council pursuant to Section 33352 of the
Community Redevelopment Law.
I hereby certify that the foregoing Resolution was duly and regularly
passed and adopted by the Planning Commission of the City of Chula Vista at a
regular meeting thereof held on the 25th day of March, 1987, by the following
vote:
AYES Commissioners:
NOES Commissioners:
ABSENT Commissioners:
SECRETARY of the Planning Commission
of the City of Chula Vista
APPROVED:
CHAIRMAN of the Planning Commission of the
City of Chula Vista, California
WPC 2776H