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HomeMy WebLinkAbout02/13/2013 Planning Commission MinutesMINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, February 13, 2013 CALL TO ORDER: At 6:02 p.m. ROLL CALL Members Present: Members Absent: c&kA 276 Fourth Avenue Chula Vista, CA Spethman, Livag, Moctezuma, Vinson, Calvo Anaya MOTIONS TO EXCUSE: Commissioner Anaya had requested to be excused due to a business conflict MSC (SpethmanNinson) to excuse Commissioner Anaya. Motion carried. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: OPENING STATEMENT: Read into the record by Chair Moctezuma APPROVAL OF MINUTES: January 9, 2013 MSC (SpethmanNinson) (5- 0 -1 -0) to approve minutes as submitted. Motion carried. PUBLIC COMMENTS: There were none. CONSENT ITEMS: 1. INFORMATION ITEM Michael Walker presented a report on the Update of Accessory Second Dwelling Unit (ASDU) Construction. On October 12, 2009, staff provided the Planning Commissioners with a status report regarding the construction of accessory second dwelling units in the City. In adopting a modified accessory second dwelling unit ordinance in 2007, the City Council requested that staff report back to the Planning Commission and Council at regular intervals to monitor the construction of ASDUs in the City under the requirements of the modified ordinance. This update included some of the key aspects of the ordinance. Planning Commission Minutes Page -2- Questions and Answers: February 13, 2013 Cmr Vinson: According to the slide, in 2011 -2012, there were 11 applications filed and only one (3) finalized. What happened to the remainder that were not finalized? PP Walker: Some are still in process due to property owners delays. ACM Halbert: In 2012 there were 11 applications, 3 have been all the way through construction and only 1 pulled. There are 7 still in progress. There was discussion regarding the low number of permits applied for and a question as to if we have made it almost impossible to build granny flats. Prior year numbers are even lower than 2011/2012 and the regulations for granny flats doesn't have many restrictions on them. Cmr. Spethman: Understands that this item is an Information item and has met with staff and Michael Meacham regarding accessory dwelling units. He is concerned with how the Ordinance is currently written. Wanted to know what the protocol was for a Commissioner to suggest an adjustment to an amendment/ordinance. ACM Halbert: If there is a desire from the Commission to pursue something like that, we could bring it back — perhaps through the referral process. Cmr Spethman: Doesn't have a problem with the ordinance the way it is currently written. Would like to suggest that we considered — that it is currently written so as to not be able to build an accessory unit above a garage and have it detached or even have it attached as a second story element. ACM Halbert: Clarified that Cmr. Vinson specifically wants the ability to be able to build over a detached garage and going up one story. Will work on a draft for future consideration. 2. PUBLIC HEARINGS: 2 -A Public Hearing: Consideration of the Final Supplemental Environmental Impact Report (SEIR 09.01) for amendments to the City of Chula Vista General Plan (GPA- 09 -01) and the Otay Ranch General Development Plan (PCM- 09 -11). Project Manager: Steve Power, Principal Planner Background: In accordance with the requirements of the California Environmental Quality Act (CEQA), a Final Supplemental Environmenatl Impact Report (SEIR) has been prepared to analyze the environmental impacts of proposed amendments to the City of Chula Vista General Plan and the Otay Ranch General Development Plan, CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP), have been prepared that reflect the conclusions of the Final SEIR. The Final SEIR also contains comments Planning Commission Minutes Page -3- February 13, 2013 and responses to the comments received during the public review period, which ran from June 8, 2012 to July 24, 2012. Steve Power, Principal Planner and Scott Donaghe, Principal Planner gave a PowerPoint presentation on items 2a and 2b. Regarding Item 2A: The subject EIR provides a supplement to the Program EIR (EIR- 05 -01) originally certified by the City of Chula Vista in December Of 2005 as part of the 2005 General Plan Update (GPU) and Otay Ranch General Development Plan Amendment (GDPA). The Public Review and Comment Period was from June 8, 2012 to July 24, 2012. Comment letters were received from: 1) State Office of Planning & Research (OPR) 2) Native American Heritage Commission 3) Department of Toxic Substances Control 4) County of San Diego 5) City of San Diego 6) SANDAG 7) San Diego Gas & Electric Less than significant/self mitigated impacts were identified in the following environmental issue areas: • Public Facilities and Services Public Utilities (excluding long term water supply) • Housing (with exception of growth inducement) • Global Climate Change Significant unmitigated impacts were identified in the following environmental issue areas: • Land Use • Landform Alternation /Aesthetics • Energy • Traffic • Air Quality • Noise Water Supply The Final SEIR identified a number of significant environmental effects (or "impacts ") that would result from the proposed project. Some impacts cannot be avoided by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. In order to approve the proposed Project, a statement of overriding Considerations (SOC) must be adopted in accordance with CEQA. The Statement of overriding Considerations is included as part of the proposed "Findings of Fact ". The Final SEIR meets the requirements of the CEQA and staff, therefore, recommends that the Planning Commission recommend that the City Council certify that the Final SEIR has been completed in compliance with CEQA and adopt the Draft Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program attached to the staff report. Planning Commission Minutes February 13, 2013 Page -4- Staff Recommendation: Adopt a resolution recommending that the City Council certify Final Supplemental Environmental Impact Report (SEIR 09 -01) 2 -B Public Hearing: Consideration of amendments to the City of Chula Vista General Plan (GPA- 09.01) and the Otay Ranch General Development Plan (PCM- 09 -11) to reflect land use, circulation and policy changes for approximately 1,281 acres of land located south of Main StreettRock Mountain Road, east of Heritage Road, west of the Salt Creek canyon and north of the Otay River Valley within the Otay Ranch Planned Community. Applicant: Otay Land Company Project Manager: Scott Donaghe, Principal Planner Scott Donaghe continued the PowerPoint presentation on Item 2B. Background: Since the adoption of the Otay Ranch General Development Plan in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. It includes these facts: • The vision to establish a University in eastern Chula Vista dates back to the 1990's Land designated for the University, but not in the City's ownership • City received 90 acres of "Lakes property from Eastlake in the early 2000's Received 140 acres of the main University site from Brookfield Shea in 2001 • LOAs entered into with OLC and JPB to provide an additional 150 acres in 2008 • Today University land area at 383 acres — will change as we move forward. Pursuant to the Otay Land Company's LOA: • The City receives 50 acres of University Land, 150 acres of mitigation land and $2 million • Otay Land Company receives expedited processing on entitlements for up to 6,050 units and 1.8 million square -feet of non - residential Baseline for Review The 2005 General Plan Update deferred action on land use designations for the project area Certified Program EIR for the General Plan Update analyzed the entire GPU including all but 880 units and 550k square feet of non - residential (commercial and office) proposed in this application Scott Donaghe also provided the Commission with a list of proposed amendments to the General Plan and the Otay Ranch General Development Plan. He then provided the Fiscal Impact. Planning Commission Minutes February 13, 2013 Page -5- Cumulative Fiscal Impact The "cumulative" FIA for the OLC GP and Otay Ranch GDP Amendments in addition to the 2010 JPB LOA estimates that at buildout the City's total expenditures for these areas (Villages 3, 8 West, 8 East, 9 and 10) would be approximately $12,092,900, while the total revenues would be approximately $12,282,800, resulting in an annual positive fiscal impact to the City of approximately $189,900. The processing costs for the GP and ORGDP Amendments as well as all supporting documents were funded by a developer deposit account. Staff Recommendation: That the Planning Commission conduct a public hearing and adopt a resolution recommending that the City Council approve a resolution amending the City of Chula Vista General Plan and the Otay Ranch General Development Plan. Questions & Answers: Commissioner Livag: Discussed his concern about traffic impacts at the major highways and on- ramps. Already experiencing problems with the 805 /01ympic Parkway area. Density is planned at 3 times the current level and he thinks it is a mischaracterization saying there is no traffic impact. ACM Halbert: The actions before us tonight are at the General Plan level, not the Project Specific level. It is not in this document that you address the phasing of traffic improvements. That would be within the Project Specific Document that will be presented to you in a few months. When this document says that everything is all right, it is saying that when this community is build out and the traffic circulation system is fully build out too — we'll be in good shape. The intent of the Public Facilities Financing Plan and the phasing in of these improvements is to not saddle the GMOC with the burden. The intent is in the forward planning manner to bring on the street circulation element/roads at the time they're needed to serve the development. Chair Moctezuma: The LOA that will change the University site from 368 acres — what kind of change will that be? PP Donaghe: The city currently owns land and through dealings with JPB that include 100 acres in the middle of the University site and some land swaps, it will bring the total to 375 acres. Cmr Livag: Could we put that type of verbage in that the Specific Plans will need to deal with those issues and that they are recognized now so we can see that? Ed Batchelder: In the EIR for this project, what is discloses is that Olympic Parkway has a Adv Ping Mgr remaining limited capacity and it sets the way for future SPA plans to deal with and respond to those issues. Planning Commission Minutes February 13, 2013 Page -6- There was continued discussion regarding traffic impacts in the future and how it doesn't sound like there is any EIR impact. Asst. City Manager Halbert addressed Cmr. Livag's concerns and discussed the tollway. Scott Donaghe said that in a few months the Commission would see the SPA plans and see how traffic is addressed. Batchelder said that the statements today are at build out level today. Livag is concerned about the main traffic to the main arteries and the paths back to the city and sited some specific areas of concern. Halbert explained the build out plans and Steve Power also gave an explanation. It was agreed to disagree about what is in the current report and the future traffic impacts and understanding of the General Plan provisions. Cmr. Vinson: On page 12 of the Mitigating Monitoring and Reporting Program — can you elaborate on Otay Ranch entering into an agreement if there are traffic impacts? What kind of agreement would that be? ACM Halbert: Typically, in other jurisdictions, you would approve a phasing plan with developers and they would have a right to build to that plan. In Chula Vista there is a Growth Management Ordinance that addresses the fact that you may have unforeseen levels and it's prevented. Public Hearing Opened: Jeff O'Conner — Otay Land Company — addressed the Commission thanking them, and City Staff, for working so hard on this project and stated he was there to support it and answer any questions that the Commissioners would have. Public Hearing Closed MSC (Vinson /Spethman) to support the project/item. 3. OTHER BUSINESS: There was none 4. DIRECTOR'S REPORT: There was none 5. COMMISSION COMMENTS: There were none Motion carried 4 -0 -1 -1 with Anaya absent and Calvo abstaining Planning Commission Minutes February 13, 2013 Page -7- Adjournment: At 7:01 p.m. to the Regular Planning Commission on February 27, 2013. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty -eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691 -5101 or Telecommunications Devices for the Deaf (TDD) at 585 -5647. California Relay Service is also available for the hearing impaired. SubrNtted by: Patricia Laughlin, -Board Sect'eltiIry Minutes Approved with corrections: 03 -27 -2013 Calvo /Livag