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HomeMy WebLinkAboutPCM 2011-23RESOLUTION NO. PCM -11 -23 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CONSIDER THE ADDENDUM (IS 11 -004) TO MITIGATED NEGATIVE DECLARTION IS 04 -035 AND APPROVE AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AND THEVILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO CHANGE THE ALLOWABLE NUMBER OF RESIDENTIAL UNITS WITHIN THE MU LAND USE CATEGORY FROM 158 TO 206 FOR A 6.97 ACRE PARCEL LOCATED ON THE NORTH AND SOUTH SIDES OF EAST PALOMAR STRET BETWEEN VIEW PARK WAY AND MAGDLANEA AVENUE. WHEREAS, on December 6, 2011 a duly verified application was filed with the City of Chula Vista Development Services Department by Oakwood Development ( "Applicant "), requesting approval of amendments to the Otay Ranch General Development Plan (GDP) and the Village Six SPA Plan to allow an increase in the number of allowable units from 158 to 206 for two mixed -use parcels located on the north and side of East Palomar Street between View Park Way and Magdalena Avenue ( "Project "); and WHEREAS, the Project consists of developing the southerly 2.97 acre mixed -use site with 108 multi - family residential units, 10,000 square feet of retail commercial and 14, 435 square feet of Community Purpose Facility; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was previously covered in Mitigated Negative Declaration (IS 04 -03) for the Village Six Mixed -Use Project, The Development Services Director has 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 Development Service Director has prepared an Addendum (IS 11 -04) to this document; and WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April 24, 2013 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. Planning Commission Resolution PCM -11 -23 April 24, 2013 NOW THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS: L CEQA The Planning Commission finds that the Addendum (IS 11 -004) to Mitigated Negative Declaration (IS 04 -035) has been prepared in accordance with the requirements of CEQA, and the Environmental Review Procedures of the City of Chula Vista. II. GENERAL DEVELOPMENT PLAN FINDINGS The Planning Commission finds by clear and convincing evidence that: THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN The proposed amendment to the Otay Ranch Village Six General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHEMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE The proposed amendment to the Village Six SPA Plan only affects the 2.97 acre remaining vacant site known as Marquis II, which is in conformance with the Otay Ranch GDP and the Village Six SPA Plan policies and development regulations, that were adopted by the City council in 2005. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC FACLITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO THE SERVICE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF The proposed 108 multi - family residential units are high density (approximately 30.7DU /AC). The proposed development will complement Page -2- Planning Commission Resolution PCM -11 -23 April 24, 2013 the existing mixed -use development located on the north side of East Palomar Street. The proposed density and design are compatible with the village core design principles which call for highest densities to promote pedestrian orientation and transit oriented development. In addition, the proposed project will provide a pedestrian connection from the Marquis I site and the BRT transit stop in the median of East Palomar Street through the project and to the Neighborhood Park (Santa Venetia Park). ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION The 10,000 square feet of proposed convenience commercial will provide neighborhood serving commercial uses to the residents of the proposed project as well as surrounding residents and visitors to the area. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVLOPMENT The area surrounding the project is fully developed. The site represents the only remaining vacant parcel in Village Six and will complete the development of the village core. III. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the Planning Commission recommends that the Otay Ranch General Development Plan be amended as set forth and diagrammatically represented in Exhibit "B ", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. IV. SPA FINDINGS THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS The proposed amendments to the Village Six SPA Plan reflect Mixed Use Land Use Designations that are consistent with the Otay Ranch General Development Plan and the City of Chula Vista General Plan. The residential component of the proposed mixed use would be consistent with the other adopted high - density residential uses within the village core. Page -3- Planning Commission Resolution PCM -11 -23 April 24, 2013 The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS The proposed Village Six SPA Amendments will promote the orderly sequentialized development of the SPA Plan area by allowing for the completion of the development within the village core area of the SPA. THE VILLAGE SIX SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY The proposed amendment to the SPA Plan, will not adversely affect the circulation system and overall land use pattern as previously envisioned in the Otay Ranch General Development Plan and Village Six SPA Plan. An Addendum to Mitigated Negative Declaration No. IS 04 -035 has been prepared and any impacts associated with the proposed amendments have been previously addressed by Mitigated Negative Declaration IS 04 -035 Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes the required installment of a fully activated traffic signal at the intersection of East Palomar Street and View Park Way. V. APPROVAL OF SPA AMENDMENTS Based on the findings above, the Planning Commission recommends the City Council approve the Village Six SPA Plan as shown in Exhibit "C" subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in MND IS 04- 035, to the satisfaction of the Development Services Director. 2. The Applicant shall install all public facilities in accordance with the Village Six SPA Plan Public Facilities Financing Plan or as required to meet the Growth Page -4- Planning Commission Resolution PCM -11 -23 April 24, 2013 Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 3. The Applicant shall implement the Federal and State mandated conservation measures outlined in the Water Conservation Plan of the Village Six SPA Plan. 4. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that air quality control measures outlined in the Air Quality Improvement Plan for Village Six SPA Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 30th day after the Resolution becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike -out underlined text, document format, maps and statistical changes within the Village Six SPA Plan shall be incorporated into the final document and approved by the Director of Development Services for printing. VI. VILLAGE SIX SPA REDUCTION IN AREA REGULATIONS While Property Development Standards for standard residential development typically include requirements for the amount of private and common open space, no standards have been specified for mixed -use development. However, the established common practice has been to use the most closely associated multi - family (RM -2) regulations and apply them to mixed -use development. Per section, II.3.3.4(G) Multi- family units with 2 bedroom require 80- square feet of private open space. Multi- family units with 3 or more bedroom require 100 - square feet of private open space. In addition, section II.3.3.4(C) of the Village Six SPA requires a minimum of 200 square feet of common usable open space per unit. The applicant is providing 9,535 square feet of common open space which is 12,060 square feet less than the minimum requirement based upon applying the RM -2 standard. Section I1.3.9.3 requires the following findings in order to grant a reduction: 1. That the proposed project or use is consistent with the City of Chula Vista General Plan and adopted policies of the City.; The proposed project does not alter any land use designations in the Chula Vista General Plan, but is simply a reduction in common open space from 21,600 square feet to 9,535 square -feet, and common open space is a Specific Plan level development standard. Page -5- Planning Commission Resolution PCM -11 -23 April 24, 2013 2. That the proposed project or use is consistent with, or found to be in substantial conformance with, the Village Six SPA Plan, the purpose and intent of these Planned Community District Regulations, and the Village Design Plan. The proposed project, which includes a reduction in common open space from 21,600 square -feet to 9,535 square -feet is consistent with the purpose and intent of the SPA, PC District Regulations and Village Design Plan in that the reduction is offset by 1) increase amount of private open space beyond what is required; 2) providing 2,000 s.f. of off -site improvements in adjacent neighborhood park in conjunction with providing a connection to the pedestrian connection to the project; 3) providing, in addition to a more typical central plaza with fountain being used to accommodate the Community Purpose Facility requirement, the applicant has greatly enhanced this feature to provide an entire pedestrian linkage between the transit stop on East Palomar Street to the north and Santa Venetia park to the south, an open space plaza area that runs north/south toward the existing public park that creates a unique social interaction opportunity and an improved connection to a public park with a transit stop provides opportunities for additional pedestrian use of the plaza corridor area; and 4) provide features and enhancements such as tot lots within the CPF corridor plaza. While these features and improvements have the characteristics of common open space areas, they are precluded them from being counted in the square footage of common open space provided. 3. That the proposed project or use will not, under 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 proposed project, with proposed reduction in common open space, will not be detrimental to health, safety or general welfare of persons residing or working in vicinity, or injurious to property or improvements in the vicinity. The project does provide amenities such a tot lots, which typically occur within common open space areas; however, in this instance they are provided within the CPF plaza corridor area in order to be accessible as part of the community -wide feature connecting East Palomar Street and Santa Venetia park. As a result of their placement within this plaza, the these amenities, normally counted towards open space, could not be included in the project open space total. In addition, the connection to the neighborhood park will also necessitate the applicant providing 2,000 square -feet of improvements, but since the additional square footage Page -6- Planning Commission Resolution PCM -11 -23 April 24, 2013 will be located just inside the boundaries of the park, it cannot technically be counted towards common open space. 4. That the proposed project or use is consistent with the principles and overall quality of design established for the Otay Ranch Planned Community. The proposed plaza corridor being considered as Community Purpose Facility area within the proposed project is an enhancement of the requirement contained in the Village Six Core Master Precise Plan to provide a plaza with fountain feature mid -point along East Palomar Street within the project site. However, as the plaza area expands into the between East Palomar Stret and Santa Venetia park, which is open to the community, the features such as tot lots included in this corridor, cannot be counted towards common open space even though they are essentially providing the same function as common open space..y. VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. Page -7- Planning Commission Resolution PCM -11 -23 April 24, 2013 BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of April 2013, by the following vote, to -wit: AYES: Moctezuma, Spethman, Vinson, Livag NOES: ABSENT: Calvo ABSTAIN: Anaya -> x Li a Mo tezuma, Cha' erson ATTEST: Pat Laughlin, Secr tary Presented by Assistant Approved as to form by 'KWGIen R. Googins City Attorney Page -8-