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June 7, 2022
ITEM TITLE
Coastal Development Permit Waiver: Receive a Report on the Issuance of a Coastal Development Permit De Minimis Waiver for Demolition of 215 Bay Boulevard
Report Number: 22-0175
Location: 215 Bay Boulevard
Department: Development Services
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and a Common Sense Exemption Section 15061(b)(3).
Recommended Action
Receive a report and accept the Development Services Director’s determination regarding the issuance of a Coastal Development Permit De Minimis waiver for the demolition of the existing structure at 215 Bay Boulevard.
SUMMARY
On May 20, 2022 the Development Services Department received an application for a permit to demolish an approx. 9,430 square foot building located at 215 Bay Boulevard (the “Project”). This site is located within the California coastal zone, and as such, is required to obtain a coastal development permit (“CDP”) from the City prior to undertaking development. The required CDP application was filed on May 13, 2022 and a de minimis waiver of the CDP for the demolition is proposed. This item presents the report of the Development Services Director required to issue such a waiver, pursuant to Chula Vista Municipal Code (“CVMC”) Section
19.83.005
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and a Common Sense Exemption Secti on 15061(b)(3) because the Project involves no potential for any impact on coastal resources and public access, and would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adv erse change in the significance of a historical resource. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On May 20, 2022, the Development Services Department received an application for a permit to demolish an approximately 9,430 square foot building located at 215 Bay Boulevard. This site is located within the California coastal zone, and as such, is required to obtain a CDP prior to undertaking development. The required CDP application was filed on May 20, 2022 (CDP22 -0001) and subsequently, a de minimis waiver of the CDP requirements was initiated.
CVMC Section 19.83.005 provides that “The Director of Development Services may issue a written waiver from the coastal development permit requirements of this chapter for any development that is de minimis.
A proposed development is de minimis if the Director of Development Services determines, based on a review of an application for a coastal development permit, that the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with all applicable objectives, policies, and standards of the certified [local coastal program]. The determination shall be made in writing and based upon factual evidence.” The last business at 215 Bay Boulevard ceased operations in 2015 and the building has been vacant since that time. In the interim, the property has changed hands and is now owned by Stone 215 Bay Boulev ard, LLC, an affiliate of Stone Group which also owns 225, 271, and 285 Bay Boulevard. Stone Group intends to pursue redevelopment of the Project site in the future. However, due to years of vandalism and a recent increase in the number of unsheltered seeking refuge in the building, the property has become a nuisance and safety risk. Deferring demolition of the building until a future development plan can be presented is impractical and not in the best interest of the community.
The proposed de minimis waiver does not require approval of the City Council; however, it does require the presentation of this report to the City Council. Should one-third of the City Council (two members) so request, the issuance of the waiver would not be effective. Instead, the a pplication for a CDP would need to be processed per the standard procedures in CVMC Chapter 19.83 (Bayfront Specific Plan – Coastal Development Permit Procedures).
Determination of the Director of Development Services
The Project is determined have met the requirements of CVMC Sections 19.83.005(A) through (C) and all notices required per CVMC Sections 19.83.005(D) and (E) have been timely made.
Based on a review of the application for CDP22-0001, the Project involves no potential for any adverse effect, either individually or cumulatively, on coastal resources. The current Project contemplated is limited to the demolition of a nuisance structure, and as such, is consistent with all applicable objectives, policies, and standards of the certified local coastal program. Should the site be developed in the future, such development would be subject to the City’s regular permitting processes, including a coastal development permit.
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Facts Considered in Determination
The following facts were considered in making the subject determination:
1. The Project site is located in the non -appealable area of the Chula Vista coastal zone and no public hearing is required.
2. The Project would not typically require any City Council action (demolition permi ts are ministerial in nature).
3. The Project involves no potential for any impact on coastal resources and public access.
4. There is no known opposition or probable public controversy related to approving the Project.
5. The Project does not involve the division of land.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 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)(7) or (8), 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 Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. All costs associated with the processing of this waiver and the associated demolition permit are borne by the applicant.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action.
ATTACHMENTS
None.
Staff Contact: Tiffany Allen, Deputy City Manager/Director of Development Services