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RESOLUTION NO. 2017-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND M&A GABAEE REGARDING THE PROCESSING OF ENTITLEMENTS FOR THE SALT BAY PROJECT, LOCATED ON PROPERTIES SOUTH OF PALOMAR STREET AND WEST OF I-5
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
M&A Gabaee is planning to develop a commercial/industrial project on multiple properties located in Chula Vista (7.75 acres) and San Diego (37.04 acres). M&A Gabaee wishes to develop the 44.61 acre site as one project and, therefore, will be required to process entitlements through both Chula Vista and San Diego.
Both Chula Vista and the City of San Diego wish to mutually cooperate in the planning and development of the site, and each have the power to adopt and enforce land use regulations, entitlements, as well as administer and enforce building and other development codes. Both cities wish to provide the developer with the assurance that entitlement processing will be done in a predictable and efficient manner. The attached Memorandum of Understanding clarifies the roles of each City with regard to discretionary permit processing, building and fire code compliance, environmental review, impact fees, schedule, financing of public improvements, and other related topics. Staff from both cities have reviewed the attached MOU and found its terms and conditions to be mutually acceptable.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines. Thus, no environmental review is required. The project itself will be subject to full environmental review once submitted.
BOARD/COMMISSION RECOMMENDATION
N/A
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, 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 entering into this MOU promotes operational excellence by providing a predictable and efficient process for considering the merits of the proposed project.
CURRENT YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
The cost of City processing the project will be borne by the project applicant.
ATTACHMENTS
Attachment 1 - Resolution
Staff Contact: Kelly Broughton, Director 619-691-5233