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A. RESOLUTION NO. 2015-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2014-150 OF THE CITY OF CHULA VISTA BY ADOPTING THE CALIFORNIA COASTAL COMMISSION’S MARCH 11, 2015 ACTIONS ON THE CITY OF CHULA VISTA LOCAL COASTAL PROGRAM AND ACCEPTING AND INCORPORATING ONE MODIFICATION TO EXHIBIT 8a OF THE LAND USE PLAN
B. ORDINANCE NO. 3352 OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (SECOND READING) (This ordinance was introduced July 22, 2014)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution and ordinance.
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SUMMARY
On July 22, 2014 City staff presented a Resolution and Ordinance to the City Council of the City of Chula Vista making some minor clean-up modifications to the certified 2012 Local Coastal Program (LCP). The Chula Vista LCP covers the area shown in Attachment 1 and is composed of the Land Use Plan and Specific Plan documents. The clean-up modifications to the LCP were described and analyzed in the associated staff report package, attached hereto for reference (see Attachment 2). At that meeting, the Council approved Resolution 2014-150 adopting an addendum to the Environmental Impact Report (UPD#83356-EIR-65B/SCH#2005081077), and approving the Amended Land Use Plan of the Local Coastal Program. The Council also conducted the first reading of the Ordinance approving the Amended Specific Plan of the Chula Vista Local Coastal Program and Amending Chula Vista Municipal Code Chapters 19.81 through 19.87, and directed staff to forward the approved LCP documents to the California Coastal Commission (Coastal Commission) for approval and certification.
California State Law requires that coastal cities adopt an LCP or LCP amendment, which must be certified by the Coastal Commission before the LCP can become effective and implemented by the local jurisdiction. At Council’s direction, staff forwarded the modified documents to the Coastal Commission for its certification. The Coastal Commission considered the modified documents at its meeting of March 11, 2015 and adopted the modified LCP as approved by the City Council with only one suggested modification to the Land Use Plan (LUP) (see Attachment 3, Letter from Coastal Commission). The suggested modification revises LUP Exhibit 8a to extend the view corridor to the area next to the newly designated building footprint on Parcel 2-h (see Attachment 4).
ENVIRONMENTAL REVIEW
The proposed modifications to the LCP have been reviewed for compliance with the California Environmental Quality Act (CEQA) and the City Council has determined that the project has been covered in previously adopted Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077. The City Council has further determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the City Council has adopted an Addendum to Environmental Impact Report UPD# 83356-EIR-65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA Guidelines.
BOARD/COMMISSION RECOMMENDATION
None.
DISCUSSION
The City, Port and Community began preparation of the Bayfront Master Plan and LCP in 2002. The LCP was certified by the California Coastal Commission in August 2012 and adopted by the Chula Vista City Council on September 25, 2012. At the time that the LCP was under preparation, processing and adoption, the City undertook significant Municipal Code changes particularly related to the boards and commissions in charge of reviewing projects and making recommendations to the City Council. These changes were not reflected in the final LCP. Therefore, at the end of the process various clean up revisions were needed, none of which cause any substantial changes in the LUP and SP provisions. The minor changes presented to and adopted by the City Council at its meeting of July 22, 2014 are listed and summarized below:
• Update references to City Council documents approving the LCP on September 25, 2012;
• Remove references to non-applicable and non-existing boards and committees;
• Include new applicable boards/committees;
• Make a minor change to maps/graphics related to coastal area boundaries to exclude a Caltrans property at the interchange of I-5 and SR-54;
• Remove outdated specific business names and replace with general business types;
• Add a building footprint to Parcel 2-h on Exhibits 8a, 8b, and 14;
• Add language to further clarify that a retail market is permitted on Parcel 2-h in the Commercial - Professional and Administrative Zone;
• Include 44-foot height limitation for Parcel 3-L on Height Table, consistent with the requirements of the I-G zone; and
• Remove Tax-Increment Financing and Set Aside Funds as sources of funding for the implementation of the LCP due to the closure of Redevelopment Programs by the State.
Since the proposed amendments did not constitute a substantial change in the documents’ objectives, policies or regulations, nor did they affect compliance with the policies of the California Coastal Act, the City Council approved the modifications and directed staff to forward them to the Coastal Commission for certification. The Coastal Commission reviewed the proposed changes to the LCP at its meeting of March 11, 2015 and concurred with the City Council by adopting the LCP modifications with only one additional modification to revise Exhibit 8a of the LUP to extend the view corridor next to the newly designated building envelop on Parcel 2-h, as shown on the attached Exhibit 8a.
ANALYSIS
Staff has analyzed the suggested modification from the Coastal Commission to revise Exhibit 8a, and has determined that the modification is minor and inconsequential for the land use policy and regulatory nature of the documents. The revision to Exhibit 8a is intended to extend the view corridor in the area between the two future buildings on Parcel 2-h. This is necessary because the addition of a building footprint and structure at the north-end of Parcel 2-h could potentially affect views of the Bay from the east side of the parcels. The suggested view corridor would create a 70’ to 95’ setback between buildings, preserving bay views from Bay Boulevard and Interstate 5 freeway. The inclusion of the suggested view corridor creates consistency in the development of the future projects within Parcels 2-f and Parcel 2-h. Staff, therefore, recommends that the City Council adopt the suggested modification to the LCP and approve the revision as presented in the attached City Council Resolution.
The suggested modification to Exhibit 8a only affects the LUP and its approving resolution, because the Specific Plan (which is the subject of the Ordinance) does not contain said exhibit. As part of its prior actions on July 22, 2014, the Council placed the Ordinance approving the Specific Plan on first reading. The second reading of the Ordinance, however, had to be put on hold until after its adoption and certification by the Coastal Commission. Since the Coastal Commission has adopted and certified the Specific Plan as the regulatory document of the LCP without making any modifications thereto, the second reading of the Ordinance may be done now. Therefore, staff requests that Council set the Ordinance for second reading in order to complete the process.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the Council Members and has found that Mayor Casillas Salas has property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any other Council Member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The amendment to the Local Coastal Program and its implementation at the project level support all of the City’s major goals by providing a land use and regulatory document that will serve to promote and facilitate the implementation of development projects such as the Pacifica project, as well as other commercial, industrial and open space projects. Development of the projects contemplated in the LCP will create jobs (Economic Vitality/Operational Excellence), provide a well planned community on the Bayfront (Healthy, Strong and Secure Neighborhoods) that will improve the western part of the City and connect the Bayfront to the rest of the City (Connected Community).
CURRENT YEAR FISCAL IMPACT
There is no current fiscal impact to the General Fund as a result of this action.
ONGOING FISCAL IMPACT
Costs related to the Pacifica project and any associated approval processing and/or mitigation monitoring efforts would be funded directly by a developer deposit account.
ATTACHMENTS
1. Local Coastal Area Map
2. City Council Report - July 22 2014
3. Coastal Commission Certification Letter
4. Modified Exhibit 8a of LCP LUP
Staff Contact: Miguel Z. Tapia, AICP, Senior Planner