HomeMy WebLinkAboutItem 5 - Attch 13 - Draft CC PC Dist Reg OrdORDINANCE NO. 2016 -
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH VILLAGE 3 NORTH
AND A PORTION OF VILLAGE 4 SECTIONAL PLANNING
AREA (VILLAGE 3 SPA) PLAN'S PLANNED COMMUNITY
DISTRICT REGULATIONS TO MODIFY ZONING, CLARIFY
DEVELOPMENT STANDARDS, REVISE REQUIREMENTS,
AND ADD PERFORMANCE STANDARDS IN COMPLIANCE
WITH THE AMENDED SPA PLAN FOR VILLAGE 3
I. RECITALS
WHEREAS, the parcels that are the subject matter of this Ordinance -are represented in
Exhibit 1, -attached hereto and incorporated herein by this reference, and for the purpose_ of
general description are located in the northern portion of Otay Ranch Village 3 (Project Site);
and
WHEREAS, on December 2, 2014, the Otay Ranch Village 3 North and a Portion of
Village 4 Sectional Planning Area (Village 3 SPA) Plan, including Planned Community District
Regulations, was approved (Resolution 2014-234), establishing policies to guide the
development of the Project Site, a pattern of land uses and circulation, and zoning for the
property. Additionally, City Council, in the environmental evaluation of the Village 3 SPA,
reviewed, considered and certified the Final EIR (FEIR 13-01) and adopted the Findings of Fact,
Statement of Overriding Considerations, and Mitigation, Monitoring and Reporting Program for
the Village 3 project; and
WHEREAS, in early 2016, duly verified concurrent applications were filed with the City
of Chula Vista by HomeFed Village III Master, LLC (Applicant) requesting amendments to the
Chula Vista General Plan (CVGP), the Otay Ranch General Development Plan (GDP), the Otay
Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area (Village 3 SPA) Plan;
a new Tentative Map, and an Addendum to FEIR 13-01 for the Village 3 project; and
WHEREAS, on June 23, 2016, a duly verified application was filed with the City of
Chula Vista Development Services Department by Applicant requesting approval of amendments
to the Village 3 SPA Plan's Planned Community District Regulations to modify zoning, clarify
development standards, revise requirements, and add performance standards in compliance with
the amended SPA Pian for Village 3 (the "Project"); and
WHEREAS, the Project is intended to ensure that Otay Ranch Village 3 is prepared in
accordance with the CVGP for Eastern Chula Vista, to promote the orderly planning and long
term phased development of the GDP, and to establish conditions which will enable Otay Ranch
Village 3 to exist in harmony within the community; and
WHEREAS, the Applicant held a duly noticed Community Meeting at 6 PM on October
S, 2016, in the Public Works Lunch Room at 1600 Maxwell Road, Chula Vista; and
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WHEREAS, the City's Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
Project is substantially covered in the previously adopted FEIR 13-01 (SCH 42013071077), 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
caused the preparation of an Addendum. to FEIR 13-01 (PERI 6-0001) for consideration; and
WHEREAS, the Development Services Director set the time and place for a Planning
Commission 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 Planning -Commission held the advertised hearing at 6:00 PM on
November 9, 2016, in the Council Chambers, 276 Fourth Avenue, adopting Resolution MPA16-
0008, MPA16-0015, MPA16-0016, PCS16-0002, PER16-0001, recommending that the City
Council consider the Addendum to FEIR 13-01; amend the GP, GDP and Village 3 SPA,
including the Planned Community District Regulations; and approve the Tentative Map; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project and the minutes and Resolution resulting
therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application 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 boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, a duly noticed and called public hearing on the Project was held before the
City Council of the City of Chula Vista in the Council Chambers in City Hall, 276 Fourth
Avenue, to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to the same.
NOW, THEREFORE, the City Council of the City of Chula. Vista does hereby find,
determine and ordain as follows:
II. FINDINGS
A. THE SPA PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS, AS
AMENDED, ARE IN CONFORMITY WITH THE OTAY RANCH GENERAL
DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN AND ITS
SEVERAL ELEMENTS.
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The City Council finds that the proposed amendments to the Village 3 SPA Plan's
Planned Community District Regulations are in conformance with the elements of the
City of Chula Vista General Plan and associated regulatory documents and with the
Otay Ranch General Development Plan,
1. Land Use and Transportation
General Plan
General IDev Plan
SPA Plan
Residential Medium
Medium Density Residential
Single Family 4 (SF -4) —
permits densities < 1 I units/acre;
Residential Multi -Family One
(RM -1) — permits densities of 11-18
units/acre including small lot SF,
alley homes, duplexes, townhouses,
rowhouses, courtyard/clusters, and
stacked flats
Residential Medium
Medium High Density
Residential Multi -Family Two
High
Residential
(RM -2) — permits densities >18
units/acre
Mixed Use
Mixed Use
Mixed Use/Residential (MU -1)
Residential
—neighborhood commercial with
residential above
Professional & Office
Office
Office (0) — office and flexible
Commercial
use buildings
Industrial
Research & Limited Industrial
Industrial (I) — industrial; light
manufacturing, warehousing,
flexible use buildings, public
utilities, limited
restaurant/retail/office oriented use
Open Space
Open Space
Open Space 1 (OS -1) permits
developed or usable open space and
park uses, may include naturalized
open space: Open Space 2 (OS -2)
pen -nits natural, undisturbed and/or
restored open space which is part of
the Otay Ranch Preserve
Parks & Recreation
Parlcs & Recreation
Parks (P) permits allowable
open space and park uses including
community parks; neighborhood
parks, pedestrian parks, town
squares and private parks
Public & Quasi
Public & Quasi Public
Community Purpose Facility
Public
I (CPF)
The proposed project is consistent with the CVGP and GDP land use
designations. It contains all the requisite land uses in accordance with the
Otay Ranch Village 3 General Plan Land Use Diagram.
The zones in the Project's Planned Community District Regulations are
consistent with the GDP land use designations, as shown in the Otay Ranch
GDP/SRP Land Use Plan.
The Project is consistent with and implements the CVGP and GDP by
establishing developable parcels, public improvements and public facilities
that will create a mixed-use urban pedestrian village with a village core that
Attachment 13
contains complementary land uses, including community purpose facilities,
a public school and parks, and residential neighborhoods that offer a variety
of housing types and densities. The Mixed -Use Village Core is comprised of
integrated commercial, residential and office uses, encouraging residents to
utilize alternative modes of transportation such as pedestrian sidewalks and
trails, and bicycle lanes.
The Project has been designed to include a transportation system that
complies with the requirements of the City of Chula Vista's General Plan,
Otay Ranch General Development Plan and Otay Ranch Village 3 North and
a Portion of Village 4 SPA Plan. The transportation system includes a
hierarchy of streets, each providing accommodations for pedestrian
walkways and bicycle ways. Reduced lane widths will enhance pedestrian
comfort and safety in the Village Core, -and-Mixed-Use Residential districts.
The construction of the transportation system will be phased in accordance
with the Village 3 SPA's Public Facilities Financing Plan (PEFP), such that
the development of the circulation system will precede planned growth and
maintain acceptable levels of service, as required by the City's Growth
Management Program.
1. Economic Development
The Project will contribute to the economic base of the City by providing a
mixed use Village Core that will provide for a range of Single and Multi-
family residential product types that will enhance the image and appearance
of the Otay Ranch community and will benefit the local economy. The
development of a business park and office components provide a strong
employment base along with a mixed-use commercial/residential area.
Approval of the Project will help achieve the General Plan objectives that
seek to promote a variety of job and housing opportunities to improve the
City's jobs/housing balance, provide a diverse economic base, and
encourage the growth of small businesses.
2. Housiniz
The Project will provide a variety of housing types, including single -and
multi -family residential home ownership opportunities, as well as affordable
housing opportunities, as required by the Affordable Housing Plan prepared
for the Project. The Project has been conditioned to require that the
Applicant enter into an agreement to provide affordable housing prior to the
approval of the first Final Map. Thus the Project is consistent with the
Housing Element of the City's General Plan by providing additional
opportunities for high-quality, market -rate single-family residential home
ownership in the southeastern portion of the City.
3. Public Facilities and Services
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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 the Project, and the phasing needs created
by the Project. -
Schools - To fulfill educational needs of students residing in Village 3, an
elementary school site of approximately 8.3 gross acres has been reserved as
described in the PFFP for acquisition by the Chula Vista Elementary School
District. The 2016 Project maintains the same mix of single family, multi-
family and mixed use dwelling units as authorized in the 2014 SPA and
therefore the Chula Vista Elementary School District would be able to
accommodate the number of students generated by the Project - the existing
schools would not be adversely impacted by the approval of the Project.
Sewer - The -Project Site is within the boundaries of the City of Chula Vista
wastewater services area. Sewer capacity needs for the Project, in
conjunction with long-term growth in the area, were analyzed in the 2014
PFFP, and a supplement to the prior evaluation was prepared based on the
2016 SPA Plan. Overall, the 2016 Project would result in a 2.8% decrease of
wastewater generated. Sewer capacity will be available to serve the Project
subject to the PFFP requirements, which are included as Conditions of
Approval for the Project. Based on these requirements, no adverse impacts
to the City's sewer system or City's sewer threshold standards will occur as
a result of the Project.
Parks - The Project has been conditioned to dedicate parkland for a 7.5 net -
acre Neighborhood Park and approximately 4.7 net -acres of Community
Park, pursuant to the PFFP. The Project maintains the same mix of single
family detached and multi -family attached dwelling units as authorized in
the 2014 SPA Plan and therefore generates the same demand for public
parks. However, because the Project may ultimately construct fewer units
than authorized (1,597 units are authorized, but only 1,270 of those units
have been allocated. The remaining 327 unallocated units may be
developed at a later date or transferred to another village), the demand for
public park land based on the decreased build -out of Village 3 has been
prepared. Should the unallocated units be built in Village 3, a new map
would be required, and parkland obligations and other impacts would be
fulfilled at such time. The Project must comply with the requirements and
FEIR Mitigation Measures identified in the 2014 PFFP.
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. The City Engineer, Fire and Police
Departments have reviewed the proposed revisions to the Village 3 SPA
Plan for conformance with City safety policies and have determined that the
proposal generates the same demand and therefore continues to meet those
standards. Project construction will be required to comply with the
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applicable California Green Building Standards, the City's Green Building
Standards and the .City's Energy Efficiency Ordinance in affect at the time
of building permit issuance, ensuring energy-efficient homes will be
developed.
6. Environmental
The Project FEIR-13-01 addressed the goals and policies of the
Environmental Element of the General Plan and found development of this
site to be consistent with these goals and policies. Only minor technical
changes or additions to the FEIR are necessary as a result of the SPA
amendment, and 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
caused the preparation of an Addendum to FEIR 13-01 for consideration.
7. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements according to the Supplemental PFFD that has been prepared as
required by the Growth Management Ordinance. The PFFP requirements
have been included in the Project's Conditions of Approval.
B. THE SPA PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS, AS
AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The Village 3 SPA Plan's Planned Community District Regulations, as amended, will
maintain existing provisions and requirements to implement the CVGP for the East
Area Plan, promote the orderly planning of the Otay Ranch GDP area, and provide the
social, physical and economic advantages resulting from comprehensive and orderly
planned use of land resources.
C. THE SPA PLAN'S PLANNED COMMUNITY DISTRICT REGULATIONS; AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL
QUALITY.
The Planned Community District Regulations for Village 3 are designed to provide
compatible development with surrounding communities, establishing conditions which
will enable the SPA to exist in harmony within the larger Otay Ranch community.
BE IT FURTHER ORDAINED, based on the findings above, the City Council hereby
approves the Village 3 SPA Plan's Planned Community District Regulations as amended and shown
in Exhibit 2, attached hereto and incorporated herein by this reference, subject to the conditions set
forth below:
III. APPROVAL OF PROPOSED AMENDMENTS
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A. Prior to the 30th day after this Ordinance becomes effective, the Applicant shall prepare
a clean copy of the SPA Plan document by deleting all strike out/underlines and
shading. Where the document contains an existing and proposed exhibit, the previous
existing exhibit shall be removed and substituted. In addition, the revised text,
document format, maps and statistical changes within the Village 3 SPA Plan's Planned
Community District Regulations shall be approved by the Director of Development
Services for printing prior to incorporating said revisions into the final document.
B. Prior to the 30th day after this Ordinance becomes effective, the Applicant shall submit
to the Development Services Department 10 copies and a CD of the approved
amendment to the Village 3 SPA Plan's Planned Community District Regulations.
C. The Applicant shall comply with all the Conditions of Approval of the amended Village
3 SPA Plan and the adopted SPA Plan.
IV. 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.
V. 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.
VI. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VII. 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, FSALA Glen R. Googins
Development Services Director City Attorney
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