HomeMy WebLinkAboutItem 4 - Staff ReportCHULA VISTA
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AGENDA STATEMENT
Item: 4
Meeting Date: 11/09/16
ITEM TITLE: Public Hearing: MPA16-0003 Consideration of amendments to the Eastern
Urban Center (EUC) Sectional Planning Area (SPA) Plan to change the building
height requirement in a portion of District 1 to conform to the footprint of the
proposed Sudberry Retail Center. Applicant: SLF IV-Millenia, LLC.
SUBMITTED BY: Patricia Ferman, Landscape Architect/Project Manager
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The Millenia project (formerly known as the Eastern Urban Center) includes approximately 207 acres
of land owned by SLF IVIMillenia, LLC ("Applicant"). Miilenia is located along the SR 125 tollway
between Birch Road and the future Hunte Parkway/Main Street extension (Attachment 1), and is
approved for approximately 3.5 million square feet of non-residential uses, and 2,983 multi -family
housing units.
The approved EUC SPA Plan (SPA) and Form Based Code (FBC) currently require development
within the Gateway Mixed Use Commercial District (District 1) ("Gateway District I") to have a
minimum average building height of 40 feet and 3 -stories within a designated portion of this District.
The Applicant has submitted a Major Project Application (MPA) to amend the SPA Plan to relocate
the boundary between two building height categories within District I to reduce the required
building height to conform to the footprint of the Retail Center proposed by Sudberry Properties.
In addition to a MPA, a Design Review Permit (DR) is required for the proposed Sudberry Retail
Center. The project is subject to the consolidated permit processing provisions pursuant to Chula
Vista Municipal Code (CVMC) Section 19.14.050.C. Under the consolidated review process, the
City Council will be reviewing and acting on the SPA plan amendment, and the Design Review.
However, per Government Code section 65453, the proposed SPA amendment requires a
recommendation of the Planning Commission prior to the review by the City Council.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in previously adopted Final Second Tier Environmental Impact Report (EIR-07-
01); thus, no further environmental review is required.
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Planning Commission
MPA 16-0003
November 9, 2016
Page No. 2
RECOMMENDATION:
That the Planning Commission adopt Resolution MPA16-0003 recommending the approval of SPA
amendment to allow the change of height requirements in a portion of District 1, based on the
findings and subject to the conditions contained in the attached Ordinance.
DISCUSSION:
SPA Plan
The adopted SPA Plan, approved on September 15, 2009, establishes the vision for Millenia, and
defines the land use character and mix, design criteria, transportation system, and public
infrastructure requirements for the project. The SPA Plan proposes a flexible regulatory framework
that provides for a variety of possible land use scenarios for each district and is intended to allow the
project to respond to market cycles.
Millenia is divided into 10 Community Districts, and the SPA contains a Table of Requirements for
each district that identifies the dominant land use, number of dwelling units, non-residential square
footage permitted (office and retail), building setbacks, and other requirements and development
standards.
The following table identifies the General Plan, Land Use Designation and Existing Land Use for the
proposed Retail Center site and adjacent properties.
General Plan, SPA Plan Land Use Designations and Existing land uses
General Plan PC District Land Use
Site
EUC
Gateway Mixed Use
Commercial District
(District 1)
North
NIA
NIA
South
EUC
Business District
(District 4)
East
EUC
Northeastern
Neighborhood
(District 2) and
Main Street District
(District 6)
West
NIA
Existing Land Use
Vacant; graded site
Birch Road
Vacant; graded site
Pulse Apartment Project
Vacant; graded site
SR125 Toll Road
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MPA16-0003
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Page No. 3
SPA Amendment
The Millenia FBC includes several Regulating Plans which serve to define the structure and form of
the Millenia project. These maps include the Site Utilization Plan which defines land use and
intensity, the Dominant Land Use Map which identifies the dominant land use for each district, and
the Minimum Average Building Heights (MAH) pian which identifies average building heights
throughout the project. Exhibit III -49 of the FBC (Attachment 3, Page 3) shows that there are four
distinct minimum average building heights within Millenia. Two of these, MH -1 (one-story
minimum average height), and MH -3 (three-story minimum average height) are contained within the
Gateway District 1. Attachment 3, page 1, shows the existing configuration of the boundary between
these two MAH areas.
The Millenia FBC contemplates that minor adjustments can. be._ made to these maps to reflect
adjustments which occur through implementation. The current boundaries of the building height
categories were, in most cases, set to conform to the lot boundaries shown on the approved Tentative
Map. In some cases, but not all, the MAH area boundaries also coincide with the land use district
boundaries identified on the Site Utilization Plan.
The current boundary line between the MH -1 and MH -3 building height categories contained in
Gateway District 1 was set based on conceptual level planning and not on the land use district
boundaries, tentative or final mapping. The proposal is to adjust the boundary of the MH -1 and MH -3
building height categories to conform to the proposed Sudberry retail project (see Attachment 3, page
2). A retail project was assumed at this location in the Millenia plan, and the retail project is entirely
within the Gateway District 1 land use boundary, which also includes the four-story Ayres Hotel
proj ect.
Gateway District 1 contains Lots 2 and 3 of Final Map 16081. The proposal would expand the area
of land on Lot 2 of District 1, which is subject to the one story minimum height so it covers the entire
retail project on Lot 2. The Sudberry retail project spans both of these two lots; this amendment only
applies to the portion of the proposed project on Lot 2. The portion of the project on Lot 3 fully
complies with the height regulations found in the SPA Plan.
Although the request is to allow all of Lot 2 to be developed with one-story buildings, it should be
noted that from a visual standpoint, the actual building height will be closer to the required average
building height of 40 feet (required by the MH3 average building height) than the minimum average
building height of 25 feet (required by the MHl average building height).
What is driving the need to expand the boundary of the MH -1 boundary is the size of the retail project
on Lot 2. The size of the project is based on the square footage of leasable space which is needed to
create a viable mix of tenants and, more importantly, to ensure an economically feasible development
project which can be financed and constructed. While the same square footage of leasable space could
be created by adding stories, that approach would both increase the projects costs, and reduce its
revenues due to the challenges of leasing space above the ground floor in any retail project. Sudberry
Properties has confirmed that this approach would render the project infeasible. In addition,
"boutique" retail, financial, and food establishments are being proposed within Lot 3 of the District.
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Page No. 4
Other projects in Millenia have either conformed with the minimum average heights in the plan, or, in
the case of both the Ayres Hotel and Trammel Crow apartment projects, exceeded the minimum
average heights.
CONCLUSION
The proposed SPA amendment would allow Sudberry Properties to construct the retail buildings
proposed within Gateway District 1 with a one story height. The proposal complies with the policies,
guidelines and design standards for the Millenia SPA Plan.. Therefore, staff recommends the Planning
Commission recommend approval of MPA16-0003, subject to the conditions listed in the attached
Ordinance.
DECISION -MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members and has found no
property holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property -related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov't Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any Planning Commission member,
of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
FISCAL IMPACT
All application fees and processing costs are borne by the Applicant, resulting in no net impact to the
General Fund or the Development Services Fund.
Attachments
1. Locator Map
2. Planning Commission Resolution MPA16-0003
3. EUC Form Based Code: Gateway Mixed Use Commercial District and Minimum Average
Building Heights Regulating Plan (Adopted and Proposed)
4. Disclosure Statement
5. Ordinarice
Prepared by Patricia Ferman, Project Manager and Jeff Steichen, Associate Planner
Rev 10/31/16