HomeMy WebLinkAboutItem 3 - Attch 2 - PC ResolutionRESOLUTION NO. PCM 12 -16; PCS 15 -0007; IS 12 -003
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1)
CONSIDER SECOND ADDENDUM TO FEIR 02 -04; 2) APPROVE
AMENDMENTS TO THE OTAY RANCH FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN,
COMMUNITY DISTRICT REGULATIONS, DESIGN PLAN, LAND
USE DISTRICTS MAP AND ASSOCIATED REGULATORY
DOCUMENTS; 3) APPROVE OTAY RANCH FREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN; AND 4)
APPROVE TENTATIVE SUBDIVISION MAP CVT 15 -0007 FOR
OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL
NORTH
WHEREAS, the parcel, that is the subject matter of this resolution, is represented
in Exhibit A, attached hereto and incorporated herein by this reference, and for the
purpose of general description is located in the northern portion of Planning Area 12 of
Otay Ranch; and
WHEREAS, on September 24, 2015, a duly verified application was filed with
the City of Chula Vista Development Services Department by Baldwin & Sons
(Applicant) requesting approval of amendments to Otay Ranch Freeway Commercial
Sectional Planning Area Plan (PCM 12 -16), including the Planned Community District
Regulations, and Design Plan; a new Mauer Precise Plan (MPA 15- 0018) for the
Freeway Commercial North portion of Otay Ranch PA -12; and a Tentative Subdivision
Map (PCS -15 -0007) for the subdivision of approximately 36.2 acres into 13 lots (3 multi-
family, 2 open space, 2 hotel lots, 3 mixed use, 1 park, 1 private street, 1 remainder
parcel) (the "Project "); and
WHEREAS, the property has been the subject matter of an amendment to the
City's General Plan (GP) and the Otay Ranch General Development Plan (GDP)
approved on May 26, 2015 and adopted by City Council by Resolution No. 2015 -114;
and
WHEREAS, the Development Services Director reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project was covered in the previously adopted Final Environmental
Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan - Planning Area 12 (FEIR 02 -04) (SCH #1989010154), and 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
Services Director has prepared the Second Addendum to FEIR 02 -04; and
Attachment 2
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 2
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, July 27, 2016 in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the hearing was thereafter closed.
NOW THEREFORE BE IT RESOLVED, that the Chula Vista Planning
Commission hereby makes the following findings:
1. SPA FINDINGS
THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
PLAN, AS AMENDED, AND THE CHULA VISTA GENERAL PLAN, AS
AMENDED, AND ITS SEVERAL ELEMENTS.
The proposed Project implements the GP and GDP policy objective for
"Urban Villages" to have "higher densities and mixed uses in the village
cores" and to "provide a wide range of residential housing opportunities,"
which promotes a blend of for -sale and for -rent housing products and a range
of densities integrated and compatible with other land uses in the area. The
proposed project would support Smart Growth Principles, as it provides
compact development oriented to pedestrians, bicyclists and transit, and
would fiuther minimize urban sprawl development patterns.
The GP land use designation is Retail Commercial and Mixed Use
Residential. The proposed Project is consistent with these land use
designations. It contains all the requisite land uses comprising Retail
Commercial and Mixed Use Residential: commercial hotels, mixed -use
development, multi - family residential housing, a public park and open space.
The current Otay Ranch GDP designation is Freeway Commercial and Mixed
Use. The proposed project is consistent with these land use designation.
The existing implementing zone in Freeway Commercial Planned Community
District Regulations is FC -2, which is divided into three subcategories: H
(Commercial Hotel) for lots H -1 and H -2; RM (Multi- Family Residential) for
lots MF -1, MF -2, and MF -3; MU (Mixed Use Commercial /Multi- Family) for
lots MU -1, MU -2, and MU -3; and P (Park) for lot P -1. All neighborhoods, as
shown on the Tentative Map (TM), are consistent with these designations. In
total, this TM depicts 600 residential units.
Planning Commission PCM 12 -16; PCS 1.5 -0007; IS 12 -003
August 10, 2016
Page 3
All off -site public streets required to serve the subdivision already exist, The on-
site public streets are designed in accordance with the City design standards
and/or requirements and provide for vehicular and pedestrian connections.
THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The subdivision design consists of three (3) multi- family residential lots, three
(3) mixed -use commercial — multi- family residential lots, two (2) hotel lots,
two (2) open space lots, one (1) public park, one (1) private street, and one (1)
remainder parcel. The condominium subdivision is planned to allow a
maximum of 600 residential units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP) permits
non - sequential phasing by imposing specific facilities requirements for each
phase to ensure that the new Freeway Commercial SPA development is
adequately served and City threshold standards are met. Anticipated Freeway
Commercial North phasing is as follows. Hotel 1 is currently under construction,
projected to be completed by April, 2017. Residential West will be developed
next. Per the executed Otay Ranch Freeway Connnercial SPA Development
Agreement recorded on June 17, 2016, construction of Hotel 2 will commence
prior to issuance of the 4515 residential building permit for the Project.
Construction of the commercial component of the mixed use development will
commence prior to or concurrently with obtaining building permits and
commencing construction of the residential development located east of Town
Center Drive. The Developer shall commence construction of the public park
prior to the issuance of the 300'' residential building permit and substantially
complete the park within 15 months of start of construction.
THE OTAY RANCH FREEWAY COMMERCIAL SPA PLAN, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USES,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The proposed modifications to land use and development standard provisions
within the Project site have been fully analyzed and will not adversely affect
the circulation system and overall land uses as previously envisioned in the
Otay Ranch GDP and Otay Ranch Freeway Commercial SPA Plan. The
existing infrastructure (sewer, water, public services and facilities) has been
determined to be adequate to serve the proposed Project, as described in the
Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic
Impact Study, Noise Impact Report, Air Quality, Sewer Service Technical
Report and Water Service Technical Report have been prepared, reviewed and
approved by the City. A Second Addendum to FEIR 02 -02 has been prepared
to analyze the Project's impacts.
Planning Commission PCM 12 -16; PCS 15 -0007; 1S 12 -003
August 10, 2016
Page 4
II. TENTATIVE MAP FINDINGS
THE TENTATIVE SUBDIVISION MAP, AS CONDITIONED HEREIN, IS
IN CONFORMANCE WITH THE ELEMENTS OF THE CITY'S
GENERAL PLAN, AS REQUIRED BY CALIFORNIA GOVERNMENT
CODE SECTION 66473.5, BASED ON THE FOLLOWING:
1. Land Use
The GP land use designation is Retail Commercial and Mixed Use
Residential. The proposed Project is consistent with these land use
designations.
The current Otay Ranch GDP designation is Freeway Commercial and Mixed
Use. The proposed Project is consistent with these land use designations.
The existing implementing zone in the Freeway Commercial Planned
Community District Regulations is FC -2, which is divided into three
subcategories: H (Commercial Hotel) for lots H -1 and H -2; RM (Multi- Family
Residential) for lots MF -1, MF -2, and MF -3; MU (Mixed Use
Commercial /Multi- Family) for lots MU -1, MU -2, and MU -3; and P (Park) for
lot P -1. All neighborhoods, as shown on the TM, are consistent with these
designations. In total, this TM depicts 600 residential units.
The subdivision design consists of three (3) multi - family residential lots, three
(3) mixed -use commercial — multi - family residential lots, two (2) hotel lots,
two (2) open space lots, one (1) public park, one (1) private street, and one (1)
remainder parcel. The condominium subdivision is planned to allow a
maximum of 600 residential units.
The proposed Project furthers the policy objective for "Urban Villages" to
have "higher densities and mixed uses in the village cores" and to "provide a
wide range of residential housing opportunities" which promotes a blend of
for -sale and for -rent housing products and a range of densities integrated and
compatible with other land uses in the area. The proposed project would
support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, and would further minimize
urban sprawl development patterns.
1. Circulation
All off -site public streets required to serve the subdivision already exist. The
on -site public streets are designed in accordance with the City design
standards and /or requirements and provide for vehicular and pedestrian
connections.
2. Economic Development
The proposed Project results in an increase of 600 residential units. There is a
provision of a wider range of housing options and pricing for potential home-
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 5
buyers and renters in the current housing market. By adding these units,
increased patronage to the nearby commercial and public /quasi- public uses
can be anticipated to contribute to greater economic development within
Planning Area 12 and the City.
The Project allows for development of multi- family housing. The Project
provides homebuyers the opportunity to purchase homes with greater
affordability, reduced maintenance /utility costs, and less dependency on the
automobile, a guiding principal of the Otay Ranch GDP. The proposed homes
also provide further variation in housing opportunities available to Chula
Vista residents, consistent with GP Objective ED 2. The proposed Project also
fosters economic development benefits at the community level by providing
for increased housing densities within the same development footprint. These
increased densities allow for infrastructure and municipal services to be
provided at reduced cost per capita (more people served by the same
municipal services). Additionally, with increased housing (and population)
within the same development footprint, increased densities improve the
viability of community serving commercial and public/quasi-public uses as
well as alternative transportation anodes. As a result, the proposed Project may
serve as a catalyst for small and midsized industries and businesses and
community serving and neighborhood uses, consistent with GP Objectives ED
3 and ED 9.
3. Public Facilitie
The Project has been conditioned to ensure that all necessary public facilities
and services will be available to serve the Project concurrent with the demand
for those services. A Supplemental PFFP has been prepared to analyze the
demand generated by 600 new residential units for public services and
facilities, and the phasing needs created by the Project.
Storm Water: A Storm Water Quality Study was prepared for the project by
Rick Engineering Company, dated May 28, 2002 and revised August 12, 2002
and October 4, 2002. An update letter was issued by Rick Engineering on
March 3, 2004, which indicated that the Project as adopted in April 1, 2003
and as currently configured, are substantially the same. An updated grading
study was prepared by Hunsaker & Associates, dated October 7, 2014, which
concluded that the proposed Project will not present any hydrologic concerns.
The current Project storm water quality conditions and proposed water quality
improvements are identified in three Hunsaker & Associates reports. Each
report focuses on a specific area within FC -2 and includes:
• The Hotel Site: Water Quality Technical Report (Major WQTR) for Otay
Ranch Village 12, PA -12 West Residential October 20, 2014
• The Eastern Residential area: Water Quality Technical Report (Major
WQTR) for Otay Ranch Planning Area 12 East; November 9, 2015
• The Western Residential area: Water Quality Technical Report (Major
WQTR) for Otay Ranch Village 12, PA -12 West Residential December
31, 2015
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 6
Hunsaker designed the storm drain system and layout to address peak flows,
as well as to integrate water quality features needed to comply with the City of
Chula Vista Standard Urban Stormwater Mitigation Plan (SUSMP)
requirements for water quality.
During the construction phase, the Project is subject to the requirements of the
State Water Resources Control Board (SWRCB) Order No. 99- 08 -DWQ
National Pollutant Discharge Elimination System (NPDES) General Permit
No. CAS00002 (General Construction Permit) and the modifications to the
General Construction Permit Order No. 2001 -046, adopted by the SWRCB.
For coverage by the General Construction Permit, the Project owner is
required to submit to the SWRCB a Notice of Intent (NOT) to comply with the
General Construction Permit, and develop a Storm Water Pollution Prevention
Plan (SWPPP) describing Best Management Practices (BMPs) to be used
during and after construction to prevent the discharge of sediment and other
pollutants in storm water runoff from the Project.
Wastewater: The project is consistent with FEIR Mitigation Measures 5.12 -
11 through 5.12 -13, which require the Applicant to demonstrate adequate
capacity in the Poggi Canyon sewer line. The sewer technical study (Dexter
2014) demonstrates that there is adequate sewer capacity in the existing 8 inch
line that serves the site. The existing 8 -inch gravity sewer line is adequate to
convey this projected total flow. Moreover, the proposed Project does not
require additional reaches of the Poggi Interceptor to be upgraded in the
future.
Potable Water Demand: As the subject matter of a GP and GPD amendment
(Resolution No.2015 -114), the property was included in a water supply
assessment, which was approved for the Project on April 1, 2015. It
documented that there is an assured long term supply of water for the Project.
The approved water supply assessment indicated the Project as proposed
would result in an incremental increase of water demand of 173 acre feet
beyond what was estimated in the 2010 Otay Water District Water Resources
Master Plan.
4. Environmental Element
The proposed Project has been reviewed in accordance with the requirements
of the CEQA and it was determined that the Project was covered in the
previously adopted Final Environmental Impact Report for the Otay Ranch
Freeway Commercial Sectional Planning Area (SPA) Plan - Planning Area 12
( "FEIR 02 -04 ") (SCH #19$9010154). A Water Quality Technical Report,
Traffic Impact Study, Noise Impact Report, Air Quality Sewer Service
Technical Memo and Water Service Technical Memo have been prepared,
reviewed and approved by the City. 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 a Second Addendum to FEIR 02 -04
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 7
5. Growth Mana eg ment
The proposed Project would result in 600 new dwelling units in Freeway
Commercial North. A Supplemental PFFP has been prepared that analyzes
any potential impacts on public facilities and services, and identifies the
facilities, phasing and timing triggers for the provision of facilities and
services to serve the Project, consistent with the City's Quality of Life
Threshold Standards.
In response to a change in the FC -2 District portion of the Project, an analysis
was prepared entitled Otay Ranch PA 12 — Trip Generation Review — Revised
by Chen -Ryan Associates, dated 2015. This report was the basis of the First
Addendum to the EIR (FEIR). The FEIR concluded that "the FC -2 site would
generate approximately 7,506 daily trips, which is lower than the entitled land
use trip generation of approximately 12,145 daily trips for the FC -2 site. Since
the proposed modified land uses would generate less traffic than the entitled
land uses, there would be no additional traffic impacts associated with the
proposed modifications."
In conformance with City requirements, an analysis of the traffic operations
on Town Center Drive was completed for this Project (Otay Ranch PA 12
Freeway Commercial North- Traffic Operations along Town Center Drive, by
Chen -Ryan Associates, dated March 28, 2016), and satisfactorily reviewed by
the City's traffic engineer. The Analysis indicates the trip generation for the
Project as shown in Table 1. With a 15% transit and mixed -use reduction, the
Project would generate approximately 6,164 daily trips including 423 and 555
trips during the AM and PM peak hours, respectively.
The Project access is via two driveways along Town Center Drive (one
signalized with full access at the main entrance and one signalized without
northbound left -turn in at the hotel entrance) and one driveway along Olympic
Parkway, between Town Center Drive and Eastlake Parkway
(right- in/right -out). The analysis indicates that both intersections of Town
Center Drive / Olympic Parkway and Town Center Drive / Town Center Loop
would continue to operate at acceptable LOS D or better with addition of the
Project traffic. All three proposed Project driveways would operate at
acceptable LOS D or better under Existing plus Project conditions. The
addition of Project traffic would not result in any traffic impact within the
project study area. The analysis also indicates that the Year 2030 geometrics
of the Project are adequate to accommodate the projected Average Daily
Traffic (ADT).
The Project site is within the boundaries of the Chula Vista Elementary
School District (CVESD) and within the Sweetwater Union High School
District (SUHSD). At completion, the proposed Project could generate
approximately 353 students. The Developer will mitigate impacts on
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 8
secondary and elementary school facilities through participation in CVESD
and SUHSD CFDs.
6. Open Space and Conservation
The proposed Project meets the minimum open space requirement per the
Freeway Commercial SPA Plan and Planned Community District
Regulations. The Project generates a demand for an additional 4.69 acres of
park land. Pursuant to the executed Development Agreement between the
Developer and the City of Chula Vista, this obligation will be met through the
construction, programming and maintenance of a 2 -acre enhanced urban park
that is valued at or greater than 4.69 of park.
As required by Otay Ranch Resource Management Plan, the project will also
convey 43.471 acres of land to the Preserve Owner Manager (POM) upon
approval of the first final map.
The proposed land form grading conforms to the City's Grading Ordinance
and retains regional and natural open space features. The development of the
site is consistent with the goals and policies of the Conservation Element.
7. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined
that the proposal meets those standards.
8. Noise
The Project has been reviewed for compliance with the Noise Element and
will comply with applicable noise measures at the time of issuance of the
building permit.
III. MASTER PRECISE PLAN FINDINGS
1. THAT SUCH PLAN WILL NOT UNDER THE 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 Planning Commission finds that the proposed precise plan and
development standards contained in attached Exhibit C on file in the City
Clerk's office will not have a negative impact on the surrounding
neighborhood because the proposed standards are consistent with the Otay
Ranch GDP and Freeway Commercial SPA Plan. It allows the Applicant
Planning ConllnisSiQn PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 9
to design a project that is compatible with the type and intensity of
existing development in the area. The proposed Project establishes a
unified, walkable, mixed -use plan for Otay Ranch Freeway Commercial
North. It is intended to enhance living, working, shopping, and transit
options in the area. Residential uses are located on the southwest and
eastern portions of the site. This provides direct adjacency to the Otay
Ranch Town Center Mall. The location is also proximate to Otay Ranch
Village 6, which includes neighborhood serving uses such as parks and
schools. Additionally, with the construction of the BRT bridge, a
pedestrian connection will exist shortening the walk to these uses to less
than a 114 mile. The proximity to these neighboring uses, as well as to
commercial uses within the Project, encourages residents to walk to these
uses, rather than drive. The proposed residential uses are also within a
short walk, less than half of a mile, of the future BRT transit stop along
Eastlake Parkway at the Otay Ranch Town Center Mall directly south of
the Project site. This further encourages residents to reduce automobile
use in favor of walking and transit. Although residential uses are adjacent
to SR -125, buildings will be set back from the western property line to
minimize the effects of the freeway. Additionally, the freeway is located
approximately 25 -30 feet below the level of the residential pad. To create
a pedestrian friendly environment and encourage residents to walk,
pedestrian sidewalks and pathways will connect residential, hotel, and
commercial uses to each other and the Town Center Park. Architecture
will be complementary across all uses. to ATrther establish a cohesive site
design.
2. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE
APPLICATION OF THE P MODIFYING DISTRICT AS SET FORTH
IN CVMC 19.56.041:
The Planning Commission finds that application of the P modifying
district is appropriate because the underlying zoning is Planned
Community district. This Master Precise Plan is required by the Freeway
Commercial SPA Plan (PC District Regulations), and provides the
comprehensive regulatory design plan linking the approved policies and
land use designations of the Freeway Commercial SPA /Design Plan with
subsequent project -level approvals within the Project area. It serves as a
framework document by which future "Individual Design Applications"
will be evaluated for compliance with the approved Master Precise Plan
requirements that encompass streetseape and landscape design, signs, and
architectural and lighting concepts /examples.
3. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE
WARRANTED ONLY WHEN NECESSARY TO MEET THE
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 10
PURPOSE AND APPLICATION OF THE PRECISE PLAN
MODIFYING DISTRICT:
As the underlying zoning is Planned Community District, the Master
Precise Plan will require higher design and development standards that
ensure high quality development will be provided for within the FC -2 site,
including compatibility with adjacent commercial uses.
4. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE
GENERAL PLAN AND THE ADOPTED POLICIES OF THE CITY.
(ORD. 3153 § 2 (EXH. A), 2010; ORD. 1632 § 2, 1975)
The Project has been designed and evaluated in accordance with the goals
and objectives of the GP for the FC -2 location. The Master Precise Plan as
described above will ensure the Project to be consistent with the goals and
objectives of the GP and the Chula Vista Municipal Code,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning
Commission of the City of Chula Vista hereby recommends that the City Council adopt
the attached Draft City Council Resolutions and Ordinance approving the Project in
accordance with the findings and subject to the conditions contained therein.
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 Resolutions and Ordinance
be transmitted to the City Council.
SIGNATURE PAGE FOLLOWS
Planning Commission PCM 12 -16; PCS 15 -0007; IS 12 -003
August 10, 2016
Page 11
Presented by:
Kelly Broughton, FSALA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this IOth day of August, 2016, by the
following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yolanda Calvo, Chairperson
ATTEST:
Patricia Laughlin, Board Secretary