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HomeMy WebLinkAboutItem 3 - Attch 2 - Draft PC ResoRESOLUTION NO. PCS16-0005 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A TENTA'T'IVE SUBDIVISION MAP PCS16-0005 TO SUBDIVIDE A 4.72 ACRE SITE INTO SEVENTY EIGHT (78) RESIDENTIAL LOTS FOR INDIVIDUAL OWNERSHIP FOR OTAY RANCH VILLAGE TWO NEIGHBORHOOD R-17B(B). WHEREAS, on November 4, 2014, a duly verified application for a Tentative Subdivision Map (Current TM) was filed with the City of Chula Vista Development Services Department by Baldwin & Sons (Applicant); and WHEREAS, The Current TM shows a one lot multi -family site known as Neighborhood R-17B(b). WHEREAS, the applicant requests approval of a New Tentative Subdivision Map (New TM) that will subdivide the one lot for Neighborhood R -1713(b) from the Current TM into 78 lots for individual ownership; and. WHEREAS, the area of land that is the subject of this Resolution is an existing 4.72 -acre lot within Otay Ranch Village 2, located on the east side of Santa Christina Avenue between Santa Victoria Road and Keck Street (Project Site); and WHEREAS, The Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was covered by previous adopted FSEIR 12-01. Thus, no further environmental review is necessary; and WHEREAS, the Development Services Director set the date for the hearing of the Tentative Subdivision. Map application, and notice of the hearing, together with its purpose, was mailed to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the said hearing date; and WHEREAS, a hearing at the time and place as advertised, namely November 9, 2016, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on November 9, 2016, as set forth in the record of its proceedings therein, recommends approval the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find, determine and resolve as follows: Attachment 2 PC Resolution PCS 16-0005 November 9, 2016 Page 2 1. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning Commission finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The General Plan land use designation for Neighborhood R-17B(b) is Mixed Use Residential. The Otay Ranch GDP land use designation for Neighborhood R-17B(b) is MH (Medium High Density Residential). The proposed project is consistent with this land use designation as its density (16.5 du/ac) falls within the prescribed GDP range for this category (11-18 du/ac). The implementing zone for Neighborhood R- 17B(b) in the Village 2 Planned Community District Regulations is RM -2 (Multi Family 2), which permits densities from 15+ du/ac. Neighborhood R -1713(b), as shown on the TSM, is consistent with this designations.. 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 multi family and single-family housing styles and 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. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public street is designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 3. Economic Development The proposed project allows for further development of 78 multi -family residential units, which contributes to availability of a wider range of housing options and pricing for potential home -buyers 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 Village 2 and the City. 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 PC Resolution PCS 16-0005 November 9, 2016 Page 3 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 modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 4. Public Facilities and Services 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 was prepared as part of the Village 2 Comprehensive SPA Plan amendment that was approved in November 2014, which had analyzed the additional demand generated by up to 95 new units within Neighborhood R -1713(b) for public services and facilities, and the phasing needs created by the Project. A project -level water quality technical report was completed as part of Village 2 Comprehensive SPA Plan amendment which included the proposed project. The water quality technical report outlines the means and methods for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. The recommendations of the report will be implemented through grading and improvement plans approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES perm=it requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project -specific analyses have been conducted relative to the project's potential sewer and water impacts. A Water Supply Assessment and Verification Report analyzing these new demands was approved by the Otay Water District's Board of Directors on November 6, 2013. 5. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is adequately covered in previously adopted Final PC Resolution PCS16-0005 November 9, 2016 Page 4 Second Tier EIR (EIR-02-02) and a Supplemental Environmental Impact Report (SEIR-12-01/SCH 2003091012) pursuant to CEQA 15163. 6. Growth Management The proposed project allocates 78 dwelling units in Neighborhood R -1713(b). A Supplemental PFFP had been prepared as part of Village 2 Comprehensive SPA Plan amendment, which allowed the development of 95 additional units within Neighborhood R -1713(b). It 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. A project -specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive SPA Amendment, analyzed the impact of 1,562 additional units in Village 2, which included Neighborhood R -1713(b). Any direct traffic impacts would be mitigated through signal and road improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). An elementary school is planned within the Village 2 core to serve the build -out population. The Project is also within the attendance area of Otay Ranch High School, within the Sweetwater Union High School District (SUHSD). The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 7. Oben Space and Conservation The Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non -common development area. Applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. The Applicant has existing "credits" which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this obligation. 8. Parks and Recreation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for 1.61 acres of park land. This obligation will be met through the Applicant's dedication of parkland. 9. 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. PC Resolution PCS 16-0005 November 9, 2016 Page 5 10. 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. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a) -(g) of the Subdivision Map Act, the proposed Project: (a) is consistent with applicable general and specific plans as specified in Section 65451 because Neighborhood R -1711(b) is designated as Residential Multi -Family (RM2), and allows for a maximum of 96 units and the project proposes 78 units. (b) design or improvement is consistent with applicable general and specific plans. The Project's design -of 78 units is consistent with the Residential Multi -Family (RM2) zoning classification which is consistent with the RM2 designation. (c) site is suitable for the proposed density of development. The Project's 78 lots are are within the density of the RM2 designation of 15+ dwelling units per acre.. (d) site is physically suitable for the type of development. The Project is surrounded by single family development with available access and infrastructure to serve the Project. (e) the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) the design of the subdivision or type of improvements is not likely to cause serious public health problems because the project will be abled to be served by fire and emergency services, and located over 500 feet from a major highway. (g) subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this confection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to PC Resolution PCS16-0005 November 9, 2016 Page 6 easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The project's roadways and utilities are within and are not in conflict with existing easements. E. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. F. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. 11. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(x) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve the Project subject to the general and special conditions set forth below. III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. PC Resolution PCS 16-0005 November 9, 2016 Page 7 GENERAUDEVELOPMENT SERVICES 1. The Applicant, or his/her successors in interest, shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plans, and elevations plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Project shall comply with approved General Plan Amendment GPA -12-04 and General Development Plan Amendment PCM -12-17, , and the Sectional Planning Area (SPA) Plan PCM -12-18, all approved November 4, 2014, including all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non -Renewable Energy Conservation Plan, Air Quality Improvement Plan, Water Conservation Plan Fire Protection Plan; and the City of Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein. 3. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1696. 4. All of the terms, covenants and conditions contained within the Tentative Map for Tract Nos. I1-05 and 12-05 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representative of the Developer as to any or all of the Property. 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula Vista General Plan (GPA 12-04) and Otay Ranch General Development Plan (PCM -12-17) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and the Otay Ranch Sectional Planning Area (PCM -12-18) Supplemental Environmental Impact Report (CV SEIR 12-01) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. BE IT FUTHER RESOLVED that the Planning Commission adopt the Resolution approving Tentative Subdivision Map 16-0005, to subdivide a 4.72 acre site into a total of 78 lots for individual ownership. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney PC Resolution PCS16-0005 November 9, 2016 Page 8 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9�h day of November, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chairperson ATTEST: Patricia Laughlin, Secretary