HomeMy WebLinkAboutItem 1 - Approval of Minutes 02/12; 02/27MINUTES 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: Spethman, Livag, Moctez
Members Absent: Anaya
MOTIONS TO EXCUSE: Commissioner A -naya hac
due to a business conflict
MSC (Spethman/Vinson) to excuse Commissioner Anaya.
PLEDGE OF ALLEGIANCE AND MOMENT
OPENING STATEMENT:
APPROVAL OF MINUTES .. J'<
MSC (SpethmanNinson) (9 -0 -1 O) to
PUBLIC COMMENTS:
There were none.
CONSENT ITEMS:
�gfl
(�1UtA VIS IA
276 Fourth Avenue
Chula Vista, CA
, Vinson, Calvo
uested to be excused
Motion carried.
into the record by Chair Moctezuma
2013
minutes as submitted. Motion carried.
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 February 13, 2013
Page -2-
Questions and Answers:
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 atljusfilient to an amendment/ordinance.
ACM Halbert: If there is a desire from the _Commissidh' to pursue something like
that, we could bring itack°'= perhaps through the referral process.
Cmr Spethman: Doesn't have Oroblem wifh" fthe ordinance the way it is currently
written Would like td�su-ggest that we considered – that it is
currently written so as to not be,.able to build a6�'a` ccessory unit above a garage and have
it detached or even have it attached as a second story element.
ACM Halbert: Clanfied.tfaat Cml,, insonjspecifically wants the ability to be able to build
over -6" detacd gauge and going up one story. Will work on a draft for
fut(A- consideiration:
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 im
issue areas: .
• Public Facilities and Services'
• Public Utilities (excluding long
• Housing (with exceptipn:�gf gro
• Global Climate Chartae
Significant unmitigated:rrn
• Land Use
• Landform Atrnati
• Energy }
• Traffic
• Air Quality
• Noise
• Water Supply
�4dentified` in the following environmental
'supply)
ment)
in the following environmental issue areas:
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
Page -4-
February 13, 2013
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 Street/Rock
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 Ra .1 ch General Development Plan in 1993,
the City of Chula Vista has mailifained 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 Univers�ity,=but;.npt in the City's ownership
• City received 90 acresa.o�,` Lakes property from Eastlake in the early 2000's
• Received 140 acres of t!16wmain University site from Brookfield Shea in 2001
• LOAs entered into wit OLQand;JPB to provide an additional 150 acres in 2008
• Today University id_ ar�at 383 acres — will change as we move forward.
Pursuant to the.fltay Land Company's LOA:
• The City recehi 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 abouftraffic impacts at the major highways
and on- ramps. Already exoerieri'cing 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 .1
Specific level. It is not
traffic improvements. That would be within th
to you in a few months. When this document
when this community is build out and..t 6,t ff
in good shape. The intent of the Puc Fapilit
improvements is to not saddle.the GM36 viii]
manner to bring on the street circulation elern
development.
night ardat the General Plan level, not the Project
i,this docu— ent that you address the phasing of
.PrOJ64specific Document that will be presented
Oys that'6verything is all right, it is saying that
circulation system is fully build out too — we'll be
s >✓i'nancing Plan and the phasing in of these
the burden. The intent is in the forward planning
nt/roads at the time they're needed to serve the
Chair Moctezuma: The LOA that Will change the University site from 368 acres — what kind of
change will:fhat 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 que,�tions tha the Commissioners would have.
Public Hearing Closed
MSC (Vinson /Spethman) td.support tf iii projectlitem. Motion carried 5 -0 -1 -0
3. OTHER BUSINESS:
There was none
4. DIRECTOR'S REPORT:
There was none
5. COMMISSION COMMENTS:
There were none
Planning Commission Minutes
Page -7-
February 13, 2013
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.
Submitted by:
Patricia Laughlin, Board Secretary
CITY OF
CHULA VISTA
MINUTES OF THE
PLANNING COMMISSION
OF THE
CITY OF CHULA VISTA
Council Chambers
6:00 p.m. 276 Fourth Avenue
Date: February 27, 2013 Chula Vista, California
CALL TO ORDER: At 6:01 p.m.
ROLL CALL / MOTION TO EXCUSE:
Members Present: Anaya, Calvo, Livag, Moctezuma
Members Absent: Spethman, Vinson
MOTIONS TO EXCUSE: Commissioner Spethman fiti contacted the Chair and requested
to be excused from ,,, ighf's'ri eeting
MSC (Livag /Anaya) to excuse Commissioner Spethman N% Iothcin�.carrlecl
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE,y
OPENING STATEMENT: Read Into the record by Chair Moctezuma
APPROVAL OF MINUTES: February 1�, 2013
Appr44, of mtt`sdies tabled due to insufficient quorum
PUBLIC COMMENTS:
CONSENT ITEMS:
input
1. PUBLIC HEARING: PCM -12 -19 Consideration of amendments to the Eastern Urban
Center (EUC) Sectional Planning Area (SPA) Plan and associated
regulatory documents, for 207 -acres of land in the Eastern Urban
Center of the Otay Ranch Planned Community.
Background: The Applicant, SLF IV /McMillin Millenia JV, LLC (McMillin), filed an
application to amend the approved EUC SPA Plan, and Form
Based Code (FBC) to change the minimum building height within
certain EUC Districts and to redistribute the land use mix
(residential and commercial) within various EUC Districts.
McMillin is requesting the changes in response to current market
conditions affecting the first phase of development.
Planning Commission Minutes
February 27, 2013
Page -2-
Patricia Ferman, Landscape Planner II and Jeff Steichen, Associate Planner, gave a PowerPoint
presentation to the Commission. The presentation included the following information:
The project is a request to amend the approved Eastern Urban Center SPA plan and Form Based
Code in order to change the minimum building height and redistribute the land use mix within
certain Districts of the EUC. McMillin is requesting this amendment in response to current market
conditions affecting the first phase of development.
The site is located east of SR -125 and Village 7, south of Birch Road and the Otay Ranch Town
Center, west of Eastlake Parkway and Village 11, and north of the future extension of Hunte
Parkway and Village 9. The entire EUC, also known as Millenia, includes approximately 230 acres
with McMillin owning approximately 207 acres. The site is vacant and the grading of the first phase
.4
is expected to start in the spring or summer ofthis year.
One of the slides showed the site subdivided.. into 10 D,isbricts. Most of the proposed changes
involve Districts within the first Phase of D`evelopmen`t %: These are Districts 2,3,7,10, and the
Business District 4, representing approximately' 89 —aces '66t., of the 207 acres. Most of trhe
requested changes affect the eastern portion of the`" 'ect and slides were presented to show a
visual picture of the areas. `:_:: v:::;:,.•
Slides were preser
Utilization Plan.:; Ti
District 7 from`rr
residential wit `n?1
District's low a 41
sq. ft within the "h
that showed the
pip cant (McMilli
,eci use, -,- ; -,res
e District: This
,get areas to an
h "rarea would I
izatiohT.11an com'
o. amend :the Site
Id be accomplished by transferrll
r lour ;and target areas "<The exce
duced•�to.. "0" with*,n{o transfertto,
Further slides were shownthat add ressed"th,e_..ti
which are entitled "Intensity�Transfers ". Curr
intensity in any district must be •met with a corre
'ti'''n
The amended language being proposed would o
footage or unit count within the "low `.;:and "tar;
would not require a corresponding increa'ke o an
paged to the Proposed Site
Ut lization Plan to change
nt to"tconstruct any non -
g square footage from one
ition toAhis is that 400,000
inather district.
of units, r6gulated` by the Form Based Code
,his, section requires that any reduction in
ig iocrease in another district and vice versa.
uire s,o,eK transfer in the case of the square -
:ensities. Reductions in the "high" intensity
listrict.
In addition, the Site Utilization Plan would als''1`6�,a"rnended to delete the note stating that District
10 may be an alternate site for the elementary4chool. This is based on a letter from the Chula Vista
Elementary School District indicating that lot 26 in District 9 is acceptable as the site of the
elementary school buildings.
The next slides presented referenced District Regulations and Design Guidelines. Provisions
contained within the Form Based Code would be amended not only to reflect the changes in the
land use mix, but also to allow changes in building heights for lots fronting along Eastlake Parkway.
Specifically, the applicant is requesting to allow construction of two -story structures within the
middle portion of the site fronting along Eastlake Parkway — which is currently specified as 3 -story.
In other Districts, the minimum building height would be increased from 2 stories to 3 stories. Slides
showing the existing and proposed changes were presented.
Planning Commission Minutes
February 27, 2013
Page -3-
Next, the presentation concentrated on the Regulating Plan for all lots within the EUC. It was
explained that in order to avoid any negative visual impacts caused by a lowering of building height,
additional requirements would need to be met in order for the City to allow this height reduction.
These would include enhanced architectural treatments so as to avoid a continuous 2 -story roof
line. Slides providing examples of these enhancements were shown to the Commission.
Staff Recommendation: That the Planning Commission adopt Resolution PCM 12 -19 recommending
that the City Council:
1) Approve the Addendum to the Final Second Tier Environmental Impact Report, EIR 07 -01
(IS -13 -001); and
2) Adopt a Resolution to amend the" aRA„ Plan, and an Ordinance to amend the Form Based
Code.
Public Hearing Opened.
Todd Galarneau, representing the Applicant, SLiF V /Mc
support of the project and stated he was there to'' nswe
Public Hearing Closed.
Commission Discussion:
There was
MSC (Livag /Ana -V ) (4- 0 -2 -0) thet:tbe Phi""" Com
Motion carried witFr Cmrs. S
Director's Comments:
Ed Batchelder gave a briefifig- �..;on upcomi
presented over the next two months.
Commission Comments:
There were none
Meeting Adjourned: At 6:23 to a regul
Respectfully Submitted,
Patricia Laughlin
Secretary to the Planning Commission
H: \DSD\ Council, Boa rds &Com mission s \PlanningCommission \Minutes
nt
Millenia JV, LLC (McMillin), spoke in
uestions the Commission might have.
n PCM`12 -19
for "th�1' Planning Commission to be
ng on March 13, 2013