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HomeMy WebLinkAboutItem 4CH U L A VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 4 Meeting Date: 11/20/13 ITEM TITLE: Public Hearing: PCA- 11 -01: Consideration of amendments to the P -C Planned Communities Zone (CVMC 19.48) requirements for Community Purpose Facilities (CPF) to provide and clarify compliance options. SUBMITTED BY: Harold Phelps, AICP, Associate Planner REVIEWED BY: Kelly Broughton, FASLA, Development Services Director INTRODUCTION: In consideration of provisions in the University Land Offer Agreement (LOA) villages related to Villages 3, 8, 9 and 10, and inquiries from several developers, the City initiated amendments to the Planned Community (PC) Zone (CVMC 19.48) requirements pertaining to the delivery of land for CPF uses. The proposed amendments would allow reductions in otherwise required CPF acreage and provide for alternative compliance options, in conjunction with the provision of certain public benefits. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed amendments to Chapter 19.48 of the Chula Vista Municipal Code (CVMC) for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b)(3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, additional environmental review will be required as applicable prior to the approval of any future project specific development entitlements including, but not limited to, site development plans, building permits, land development permits, and conditional use permits. PUBLIC PARTICIPATION In an effort to include all affected parties, staff met with and solicited input on proposed CPF ordinance amendments with representatives from the development and ecumenical communities as well as members of the Chula Vista Community Collaborative. Staff presented the proposed amendments to the development community at their weekly team meetings, held an ecumenical workshop on June 25, 2013 and made a formal presentation to the Chula Vista Community Collaborative on August 13, 2013. These groups expressed interest in some of the alternative compliance options, such as buildings that would provide build -to -suit floor area for CPF users. RECOMMENDATION That the Planning Commission adopt Resolution PCA -11 -01 recommending that the City Council adopt the Draft City Council Ordinance, in accordance with the findings contained therein. 4 -1 Planning Commission PCA 11 -01 DISCUSSION Background Item No: 4 Meeting Date: 11 -20 -2013 Page No. 2 In 1991, the City Council adopted a Community Purpose Facilities (CPF) ordinance that requires the provision of a minimum of 1.39 -acres of CPF land per 1,000 - persons within a Sectional Planning Area (SPA) as a requirement of the SPA Plan approval. The requirement intended to ensure sufficient land was available for CPF uses such as churches and other non - profit service organizations within the large master planned communities in Eastern Chula Vista. In 2008 and 2010 the City entered into Land Offer Agreements (LOAs) with Otay Land Company (OLC) and Jim Baldwin/State Street Bank & Trust (JPB /SSBT) that permitted the reduction of CPF land requirements in Otay Ranch Villages 3, 8, 9 and 10 (less than 1.39 acres per 1,000 population) based on the provision of University land, with the understanding that municipal code amendments would be required prior to approval of the resultant SPA projects. In addition, other alternative compliance options have been proposed by the development community in satisfaction of CPF acreage requirements. These options could entail providing a CPF building on a reduced size CPF site, providing CPF user square footage in larger commercial or mixed -use buildings, as well as off -site CPF sites in close proximity but outside SPA project areas. Both ecumenical and social service organizations expressed interested in such CPF facilities, specifically if these compliance options could provide a more affordable opportunity to move into a facility without having to fundraise to buy land and build the facilities themselves. Proposed Municipal Code Amendment The proposed Municipal Code amendment would clarify that reductions in the provision of CPF land or an alternative compliance option would be acceptable through a binding legal agreement (i.e. LOA, development agreement, etc.) between the City and a developer, should certain findings be made. The findings that must be made are (1) the reduction in CPF acreage must be accompanied by an extraordinary benefit that would not otherwise be obtained through the provision of CPF acreage. (2) that the public benefit is similar in nature to and satisfies the goals of the CPF requirement by providing land or a facility in which a public service essential to the community fabric will be made available, (3) the extraordinary public benefit is guaranteed for a period of time determined appropriate by the City Council for the type of benefit provided, and (4) that a binding agreement be provided to ensure the provision of the extraordinary benefit. DECISION -MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site - specific and consequently, the 500 -foot rule found in California Code of Regulations Section 18704.2(a) (1) is not applicable to this decision. Staff is not independently aware, nor has staff 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. 4 -2 Planning Commission PCA 11 -01 Item No: 4 Meeting Date: 11 -20 -2013 Page No. 3 CONCLUSION Staff believes that the CPF ordinance amendments can provide both extraordinary public benefits, such as public university lands, as well as compliance options that could benefit the community of non - profit service providers of CPF uses that are needed throughout the City. Specifically, if the compliance options can provide more affordable opportunities for CPF uses to move into a facility without having to fundraise to buy land and build the facilities themselves. Therefore, staff concludes that the proposed CPF ordinance amendment will be beneficial to the provision of future CPF facilities, and recommends that the Planning Commission adopt Resolution PCA- 11 -01. FISCAL IMPACT The processing costs for the Municipal Code Amendment were funded through the City's adopted Fiscal Year 2013 -14 budget for Advance Planning. There are no on -going costs associated with this amendment. Future consideration of CPF options will be done as part of associated SPA Plan reviews whose costs are funded through developer deposit accounts. Attachments 1. Planning Commission Resolution 2. Draft CPF Ordinance 4 -3 4 -4 33. ATTACHMENT 1 RESOLUTION NO. PCA -11 -01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING A SECTION OF THE PLANNED COMMUNITY (PC) ZONE ORDINANCE REGARDING THE REQUIREMENTS FOR COMMUNITY PURPOSE FACILITIES (CPF). WHEREAS, in consideration of provisions in the University Land Offer Agreements (LOAs) related to Otay Ranch Villages 3, 8, 9 and 10, and inquiries from several developers, the City initiated amendments pertaining to the Planned Community (PC) Zone provisions for Community Purpose Facility (CPF) land; and, WHEREAS, the City has initiated this application (PCA- 11 -01) to amend Chapter 19.48 P -C Planned Community Zone that provides the requirements for Sectional Planning Area (SPA) plan areas; and, WHEREAS, the application (PCA- 11 -01) request revisions to Section 19.48.025, the provisions for Community Purpose Facility (CPF) land requirements for CPF acreage to be provided within SPA Planning Areas ( "Project "); and WHEREAS, the proposed amendments would allow for CPF land reductions if an extraordinary public benefit was being provided, and alternative compliance options that would allow for CPF facilities to be provided in alternative formats such as in building square- footage in satisfaction of CPF acreage requirements; and WHEREAS, the Development Services Director has reviewed the proposed amendments to Chapter 19.48 of the Chula Vista Municipal Code (CVMC) for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b) (3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA; and, WHEREAS, the Planning Commission finds that the exemption is in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place, namely 6:00 p.m., November 20, 2013, at the Civic Center, 276 Fourth Avenue, Building C, H.R. Training Rooms B 111 & B 112, before the Planning Commission and said hearing was thereafter closed. 4 -5 - Resolution PCA 11 -01 November 20, 2013 Page -2- NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Project is consistent with the Chula Vista Municipal Code, City of Chula Vista General Plan, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft Ordinance amending the Planned Community (PC) Zone for providing Community Purpose Facility (CPF) land. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that a copy of this resolution be transmitted to the City Council. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 20th day of November 2013 by the following vote, to -wit: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: Patricia Laughlin, Secretary 4 -6 Lisa Moctezuma, Chair Attachment 2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY (PC) DISTRICT REGULATIONS FOR THE PROVISION OF COMMUNITY PURPOSE FACILITIES (CPF) IN SECTIONAL PLANNING AREA (SPA) PLANS. WHEREAS, an amendment to the Planned Community (PC) Zone for the provision of Community Purpose Facility (CPF) land is the subject matter of this ordinance as detailed in the City Council Agenda Statement; and, WHEREAS, the City has initiated this application (PCA- 11 -01) to amend Chapter 19.48 P -C Planned Community Zone that provides the requirements for Sectional Planning Area (SPA) plan areas; and, WHEREAS, the application (PCA- 11 -01) request revisions to Section 19.48.025, the provisions for Community Purpose Facility (CPF) land requirements for CPF acreage to be provided within SPA Planning Areas ( "Project "); and, WHEREAS, the proposed amendments would allow for CPF land reductions if an extraordinary public benefit was being provided, and alternative compliance options that would allow for CPF facilities to be provided in alternative formats such as in building square- footage in satisfaction of CPF acreage requirements; and WHEREAS, the Development Services Director has reviewed the proposed amendments to Chapter 19.48 of the Chula Vista Municipal Code (CVMC) for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b) (3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA; and, WHEREAS, the Planning Commission set the time and place for a hearing on the Project (PCA- 11 -01) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place, namely 6:00 p.m., November 20, 2013, in the Civic Center, Building C Training Room, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of X- X -X -X, the Planning Commission recommended City Council approval of the Project; and, WHEREAS, a public hearing on the Project was scheduled before the City Council, and notice of said hearing, together with its purpose was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing; and, 4 -7 Ordinance Page 2 WHEREAS, the hearing was held at the time and place, namely 2:00 p.m., December 17, 2013, in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Amendment to CVMC Chapter 19.48 P -C (Planned Community) Zone as follows: 19.48.025 Community purpose facilities — Minimum acreage required— Permitted uses. A. All land in each P -C zone, or any section thereof, shall provide adequate land designated as "community purpose facilities (CPF)," as defined in CVMC 19.04.055, as follows: B. Applicant shall provide a A total of 1.39 acres of net usable land (including setbacks) per 1,000 population in a graded, useable condition with necessary_ access and utilities available for CPF in the associated planned community, and such land shall be so designated for community purpose facilities and for CPF land uses in perpetuity in the sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the approval of the SPA Plan. This total acreage requirement may be reduced, or alternatively satisfied through provision of building square footage, or off -site land or facilities, only if the city council determines, in conjunction with its adoption of an SPA plan, that_ a lessef amott * E� land is needed, based on aN�ailability of shafed par-king with other- faeilifies, or- ather eefffi:ntmity pufpese faeilities that af e guaranteed to be made available to the eenffnuaity. Any shared par-king 1. Availability of Shared Parking. Based on availability of shared parking with other facilities, a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent necessary for the number of parking spaces acquired through the shared parking arrangement. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities; or 2. Extraordinary Public Benefit. Subiect to the discretion of the Development Service Director, a reduction in the acreage requirement not related to shared parking, or an alternative compliance mechanism, may be approved provided the following requirements are met: a. The reduction in CPF acreage is accompanied by an extraordinary public benefit not otherwise obtained through the provision of CPF acreage. b. The public benefit is similar in nature to and satisfies the goals of CPF requirement by providing the community with land or a facility on which a public service, determined by the City Council to be essential to part of the community fabric, for which land would not otherwise be available, is provided and made available to the community. 4 -8 Ordinance Page 3 c. The extraordinary public benefit is guaranteed for a period of time determined appropriate by the City Council for the type of benefit provided. d. At the time of the consideration by the City Council, the applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the provision of the extraordinary benefit. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: Kelly Broughton Glen R. Googins Development Services Director City Attorney :x. 4 -9 Ordinance Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 2013, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Donna Norris, CMC, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. — had its first reading at a regular meeting held on the 17th day of December, 2013 and its second reading and adoption at a regular meeting of said City Council held on the _ day of , 2013. Executed this _ day of , 2013. Donna Norris, CMC, City Clerk 4 -10