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HomeMy WebLinkAboutPlanning Comm Rpts./1999/02/03 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Wednesday, February 3, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALL/ MOTIONS TO EXCUSE: Present: Chair Willett, Commissioners Hall, Ray, Thomas, Tarantino, and O'Neill Staff Present: Bob Leiter, Director of Planning Rick Rosaler, Principal Planner Jeff Steichen, Associate Planner Rich Whipple, Assistant Planner Ann Moore, Assistant City Attorney Elizabeth Hull, Deputy City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett APPROVAL OF MINUTES: January 13, 1999 MSC (Ray/O'Neill) (6-0-0-0) to approve minutes for January 13, 1999 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 99-06; Request to construct a gasoline fueling facility at Costco Warehouse Staff is recommending that public hearing be opened and continued to a date certain of February 24, 1999. Public Hearing Opened 7:08. No public input. MSC (Ray/O'Neill) (6-0-0-0) to continue public hearing to February 24, 1999. Planning Commission Minutes - 2- February 3, 1999 2. PUBLIC HEARING: PCM 95-01B; amending the Otay Ranch SPA One Public Facilities Financing Plan to expedite Olympic Parkway Construction. Staff is recommending that public hearing be opened and continued to a date certain of February 24, 1999. Public Hearing Opened 7:12. No public input. MSC (Ray/Thomas) (6-0-0-0) to continue public hearing to February 24, 1999. Motion carried. 3. PUBLIC HEARING: PCC-99-25; Consideration of a 132 unit affordable senior housing complex located on the east side of Medical Center Drive between East Naples and Medical Center Court, and involving a 69% density bonus increase and special property development standards - Chelsea I nvestment Corporation. Background: Jeff Steichen, Associate Planner reported that this is a request for a Conditional Use Permit for a 132 unit affordable senior housing project on 4.14 acres located on the east side of Medical Center Drive between Medical Center Ct. and Naples Ct. within the Sunbow II planned community. Surrounding land uses include existing apartments to the north, Medical Center Dr., new single family dwellings to the west, a proposed Veterans home to the east, and the medical center parking area to the south. The project is divided into 3 villages; Village One is located in the center and is connected with Village Three to the north, via a second floor walk-way between the two village; Villages Two and Three are designed around a courtyard. The request includes a reduction in parking and open space requirements, as well a 69% density bonus. The required parking for multi-family is 208 spaces. Based on a parking standard survey staff conducted for senior housing projects in other jurisdictions, as well as the availability of public transportation, staff agreed to a reduction of 146 spaces (132 tenant spaces plus 14 guest spaces). On January 24, 1999, the Design Review Committee conditionally approved the project and under a separat2 motion recommended that the City Council grant the applicant the flexibility to reduce parking space requirements further than what staff was recommending in order to accommodate pedestrian links between Village I and III and to the community garden in the center of the project. Planning Commission Minutes - 3- February 3, 1999 These pedestrian links have been added and has resulted in the loss of four parking spaces to the south and three in the center, thus the total number of parking spaces is now 139. Staff support this reduction and believes it creates a better cohesive project. The applicant is proposing approximately 350 sf per dwelling unit of open space, 50 sf below what is required in the code. The projects features 45,941 sf (350 sf p/du) of common usable open space including a recreational building, shuffle board, outdoor cooking and passive open space. Staff supports the reduction in square feet p/du, believing there are sufficient amenities provided to justify the reduction. The applicant is requesting a 69% density bonus from 78 to 132 units (54 additional units). The units will be restricted for occupancy by low income seniors and rents are determined by HUD. One letter of opposition was received requesting that the parking and open space not be reduced. Staff Recommendation: That the Planning Commission adopt the Neg Dec for 15-99-13 and adopt Reso. PCC99-25 recommending City Council approve the Conditional Use Permit for the proposed affordable senior housing project subject to conditions contained in the resolution. Commission Discussion: Commissioners Thomas and Ray expressed concern with the request to further reduce the number of parking spaces, that adequate disabled parking be provided, and the reduction in open space area per dwelling unit. Jeff Steichen responded that based on similar projects, one vehicle per unit is being projected, there will be seven disabled parking spaces, further reducing the number of regular parking spaces. Public Hearing Opened 7:20. Bill Hedenkamp, Architect, representing Chelsea Investment stated that this is a unique project because it is strictly low income and is for senior citizens. Other communities where he has done similar projects typically have parking ratios of .6 to .7 per unit, substantially below the 1 per unit that is being proposed. At the inception of this project, the parking ratio was .6, which staff did not support and subsequently, the project was redesigned to 1 parking space per dwelling unit plus 10% guest parking. Other similar projects reveal that at full occupancy, the parking lots at night are 40 to 50% full, primarily because seniors no longer drive and they prefer to use public transportation or are driven by family. Plannin/\ Commission Minutes -4- February 3, 1999 The 350 sf open space area is strictly active, usable open space consisting of a community gardening area, rose garden area, and active play area and quiet use areas with trellises and built-in b-b-q areas. What is missing is the private balconies for each unit. This is a feature that Seniors prefer not to have because of security reasons. Chair Willett stated he visited a couple of senior complexes and he too agrees that parking is not a problem and that balconies are unwelcome. Public Hearing Closed 7:30. Commissioner O'Neill stated he was confident that because of the constitute of the tenants he did not anticipate there being problems with underparking and was please to hear that the applicant is not going to stenciling a unit number in a parking space whether its used or not, because the unassigned spaces may be used by guests. Commissioner Hall stated that his personal experience too, has been that parking is not a problem because a vast majority of seniors do not have vehicles. In addition, he believes a very positive aspect of the project is that it is located next to Sharp Community Hospital which makes it very accessible to seniors, therefore, he supports the project as proposed. Commission Tarantino stated that due to the small unit sizes, he believed that on those special occasions when families normally gather together, it would most likely be that the extended family would pick up the senior member to take with them to another location or family member's home, therefore, he does not have a concern with underparking and fully supports the project as proposed. MSC (Thomas/Ray) (5-1-0-0) that the Planning Commission adopt Resolution PCC-99-25 recommending tl1at the City Council approve the Conditional Use Permit for the proposed affordable housing project with the condition that a total of seven guest parking spaces be provided and not be reduced in order to comply with the 2% ADA requirement for disabled parking. Motion carried with Commissioner Hall voting against. Commissioner Hall wished to express that he fully supports the project as proposed, however, he does not concur with the motion as stated. 4. PUBLIC HEARING: PCM-97-11; Request to amend the Otay Ranch Sectional Planning Area (SPA) One for Phase Seven (Purple Phase) of the Village One Core and Village One West including the Planned Community District Regulations; Village Design Plan; Parks, Recreation Open Space and Trails Master Plan; Public Facilities Finance Plan; Affordable Housing Plan; and the Phase 2 Resource Management Plan. Background: Rick Rosaler, Principal Planner reported that this is a two-fold request to amend the existing SPA One Plan, amend the plan for Phase Seven in the Village Core and come up with the SPA Plan for Village One West. When the SPA One was approved, it was referred to Planning Commission Minutes - 5- February 3, 1999 as the area West of Paseo Ranchero and has multiple owners. The Commission requested that there be comprehensive planning of this area when it was ready to develop. The amendments being considered are consistent with General Plan Amendments that were approved by the Commission in October 1998 and City Council approved in November. Included with those approvals was EIR 97-03 and this project is consistent with that EIR. The proposed plan expands the development areas in Village One to areas that contain habitat in the area west of Paseo Ranchero and Village One West. In October there was a switch of land use where the Otay Ranch Company gave up development rights in Villages 13 and 15 to be able to take additional development area in SPA One West and Village One. Rich Whipple, Assistant Planner, reported that the Otay Ranch Company proposes to amend the SPA One Plan to allocate all of the multi-family units authorized in the GDP for Village One. The GDP was recently amended to provide flexibility in the number of multi-family dwelling units provided sufficient multi-family densities were approved to support the light rail transit line. Otay Ranch Company originally applied for 1,422 units in the core, but have amended their application to request 1,512 dwelling units, an increase of 90 units in Phase Seven of the Plan. Nei~hborhood R-15 - Is a proposed multi-family project of up to 464 units with a 4.5 acre CPF site most likely designated for a church. A paseo with emergency access will connect R-15 with the Village Core. Neighborhood R-16 - Is proposed to be the second alley product design in SPA One and the SPA Conditions of Approval authorize a SPA amendment if you are adding an alley product design. Nei~hborhood R-17 - Expands the development area of Village One along Poggi Canyon as provided for in the recent GDP amendment and the proposal changes the land use from multi- family to single-family. Neiehborhood R-18 - Proposes a single-family neighborhood, at a slightly higher density of 7.2 du/p/ac. Neighborhood R-19 - Remains as a multi-family site and as a target site for the affordable housing location for this Village and Telegraph Canyon Estates. Neighborhood R-47/CPF-l/C-l - This is the heart of the Core and proposes a mixed-use center to provide for the day-to-day needs of the Village residents and includes a commercial ground floor along the frontage of East Palomar Street, in addition to second and third story uses, one of which is a medical office building with a first floor pharmacy. Neighborhood R-48 - Proposes a single family development located outside of the 1/4 mile radius of the transit station. Planning Commission Minutes - 6- February 3, 1999 The changes to Phase Seven deal with two conditions; expansion of development areas allowed by the recent GOP amendment as well as reorienting the "Main Street" design for Village One. The applicant is proposing East Palomar Street being the "Main Street" design for this Village. The commercial is proposed to be a true mixed use with two to three stories of residential units located above ground floor commercial. Staff believes that under the previous plan, "Main Street" did not go to a particular destination, and there would be difficulty drawing residents down the street, while under the current plan, a significant amount of pedestrian activity will occur along East Palomar Street. The SPA Plan indicates one guarded entrance for Village One on the south side of East Palomar Street. Staff was concerned over the continued use of restricting access to these neighborhoods and took the issue to the Executive Committee. After review, it was decided to support the applicant's proposal for guarded entrances in Phase Seven to be consistent with the existing guarded entrances north of East Palomar. Staff believes the SPA One amendments for Phase Seven, proposed by the applicant are consistent with the Otay Ranch GOP policies and recommends approval of the amendments. Rick Rosaler reported that the SPA One West area encompasses the area west of Paseo Ranchero, south of Telegraph Canyon and north of Olympic Parkway. East Palomar Street is proposed to be extended through from Sunbow to the Village One Core. The GOP amendments that were approved in November 1998 allow for the expansion in to this area of approximately 237 acres and currently there is an issue with density between the applicant and staff. This area is suppose to be a transition area between the Sun bow project to the west and Village Core to the east. It includes a 5 acre park adjacent to the Sunbow school site and an additional third park for SPA One. At this time, the school district is not sure whether the third school site is going to be necessary, however, planning and reserving the site for the school will proceed. Staff is concern with the transfer of a large number of units, increase in density, compatibility to Sunbow anu compliance with the General Plan landform grading policy in Village One West. The applicant submitted a Tentative Map which proposes 818 lots which does not include Neighborhoods R-54A &8 which have 37 units for a total of 8SS in Village One West. They decreased the unit count from 855 to 818 on the Tentative Map in an attempt to address staff's concerns on the landform grading policy associate with slopes adjacent to Telegraph Canyon Road, Paseo Rancher and Olympic Parkway. The current proposed tentative map does address the landform grading policy to staff's satisfaction and there will need to be further reduction in lots along Olympic Parkway and an additional 1 0 lots would need to be eliminated to conform to the policies. Therefore, staff supports 808 units on the Ranch's portion of Village One West. With the addition of 37 units in Neighborhood R-54A&B, staff supports total unit count for Village One West of 845 instead of 855 and staff's recommendation will require a transfer of 42 lots from Village One. Planning Commission Minutes -7 - February 3, 1999 Commission Discussion: Commissioner Ray asked for clarification on the net increase of dwelling units specifically in Village One. Rick Rosaler stated that 90 units are being added into Village One than what was originally authorized and transferred 45 units into Village One West. In the original GDP the multi-family density was fixed at 1566 to have the 18 du/p/ac.; the multi-family density that is being proposed now is 1512, a difference of 54 units. Commissioner Thomas asked for clarification on the change in parking ratios, and also inquired if the five parks that are listed are private. Rick Rosaler responded that in the Village Planned Community District Regulations there was a parking ratio of 2.5 for 3 bedroom units and it was felt that when the Gateway project, a 420 unit multi-family project also done by Chelsea, was looked at, because of the transit-oriented nature of the Village, that amount of parking was not needed and 2.25 is being recommended for a 3 bedroom units. In addition, Park P12,P5,P4 and P3 are all private parks located behind the private entrances. Public Hearing Opened 8:15 Kim Kilkenny, The Otay Ranch Company, 350 W. Ash Street, San Diego, introduced Kent Aden, Exec. Vice President, and Raney Hunter, Project Manager, and expressed appreciation to staff for their efforts over the past several months in preparing the General Plan Amendment and this plan. Mr. Kilkenny stated that in light of the Commission and City Council recent tour of eastern Chula Vista, which included the Ranch, he will waive going into a discussion on that development, other than to say that they are very pleased and proud with the progress made thus far and the vision that was articulated nine years ago, is coming to fruition. Mr. Kilkenny stated that the main issue he wanted to convey is that The Otay Ranch Company endorses staff's recommendation, even in the one area that staff's report indicates there was a modest disagreement over ten units. The Ranch agrees with the number that staff has indicated; 845 units in Village One West, however, they ask that as they go through the Tentative Map, they be allowed the discretion to indicate where those ten units would be lost. Chair Willett asked for clarification on the term "net usable acres" with regard to school and park sites. Mr. Kilkenny responded affirmatively that contained in the Public Facilities Finance Plan, the contract with the District, and the Tentative Map conditions, the term "net usable acres" will be used. The school district will get 10 acres plus, which will be delivered in Village One. Planning Commission Minutes - 8- February 3, 1999 Public Hearing Closed 8:35 MSC (Thomas/Ray) (6-0-0-0) to adopt Resolution PCM 97-11 recommending the City Council approve the amendment to the Otay Ranch SPA One Plan and Resolution PCM 98-02 recommending City Council approve the amendments to the Otay Ranch SPA One Planned Community District Regulations and to reduce the number of units to 845 in Village One West. Motion carried. DIRECTOR'S REPORT: Bob leiter, Director of Planning and Building, reviewed the upcoming schedule of meetings calendared for February; they are: " a regular meeting on February 10 . a joint GMOC workshop on February 17 with a presentation by Kent Olson from CTV on the status of SR-125, a presentation on the Olympic Parkway project, and a representative from MTDB will discuss light rail transit planning; and " a regular meeti'lg on the February 24. In addition, Mr. leiter polled the Commission as to their availability to attend the joint GMOClCity Council/Planning Commission annual workshop scheduled for either Monday, March 22nd or Monday, March 29th. Mr. leiter also reported that the Economic Development Commission has requested to have a joint workshop with the Planning Commission and City Council to talk about the industrial land use policies that were discussed by the Commission a little over a year ago. The date has not been set, but will probably take place sometime in March or April. lastly, Mr. leiter, stated that we have not yet received the registration information on the Planners Institute in Monterrey on March 24-26, 1999, however, it would be good to start planning for it and solicited input from the Commission as to who would be interested in attending. Commissioners Hall, Ray, Thomas and O'Neill expressed interest in attending. COMMISSIONERS COMMENTS: Commissioner Tarantino wished to express his appreciation to Councilmember Davis for any input she may have had in having the padlock removed from the refrigerator in the lounge. ADJOURNMENT at 8:45 p.m. to the Regular Planning Commission meeting of February 10, 1999. Diana Vargas, REVISED AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesday, February 3, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES January 13, 1999 ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC-99-06 - Request to construct a gasoline fueling facility at Costco Warehouse at 1144 Broadway - Costco Wholesale. Staff is recommending that public hearing be opened and continued to a date certain of February 24,1999. 2. PUBLIC HEARING: PCM-95-0IB - Amending the Otay Ranch SPA One Public Facilities Financing Plan to expedite Olympic Parkway Construction. Staff is recommending that public hearing be opened and continued to a date certain of February 24,1999. 3. PUBLIC HEARING: PCC-99-25 - Consideration of a 132 unit affordable senior housing complex located on the east side of Medical Center Drive between East Naples and Medical Center Court, and involving a 69% density bonus increase and special property development standards - Chelsea Investment Corporation. Planning Commission - 2 - February 3,1999 4. PUBLIC HEARING: PCM-97-11 - Request to amend the Otay Ranch Sectional Planning Area (SPA) One for Phase Seven (Purple Phase) of the Village One Core and Village One West including the Planned Community District Regulations; Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; Public Facilities Finance Plan; Affordable Housing Plan; and the Phase 2 Resource Management Plan. DIRECTOR'S REPORT: I. Review of calendar schedule for February and poll the Commission as to their availability for the Joint City Council/GMOC/Planning Commission Annual Workshop on March 22, or 29, 1999. COMMISSIONERS COMMENTS: ADJOURNMENT to the Planning Commission meeting of Wednesday, February 10, 1999 at 7:00 p.m. in Council Chambers. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) (619) 585-5647. California Relay Service is available for the hearing impaired. AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesday, February 3,1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: January 13, 1999 ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. I. PUBLIC HEARING: PCC-99-06 - Request to construct a gasoline fueling facility at Costco Warehouse at 1144 Broadway - Costco Wholesale. Staff is recommending that public hearing be opened and continued to a date certain of February 24, 19991. 2. PUBLIC HEARING: PCC-99-25 - Consideration of a 132 unit affordable senior housing complex located on the east side of Medical Center Drive between East Naples and Medical Center Court, and involving a 69% density bonus increase and special property development standards - Chelsea Investment Corporation. 3. PUBLIC HEARING: PCM-97-ll - Request to amend the Otay Ranch Sectional Planning Area (SPA) One for Phase Seven (Purple Phase) of the Village One Core and Village One West including the Planned Community District Regulations; Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; Public Facilities Finance Plan; Affordable Housing Plan; and the Phase 2 Resource Management Plan. Planning Commission - 2 - February 3,1999 DIRECTOR'S REPORT: I. Review of calendar schedule for February and poll the Commission as to their availability for the Joint City Council/GMOC/Planning Commission Annual Workshop on March 22, or 29, 1999. COMMISSIONER COMMENTS: ADJOURNMENT to the Planning Commission Meeting of Wednesday, February 10, 1999 at 7:00 p.m. in Council Chambers. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. H:\HOME\PI.ANNING\DlANA\PCAGENDA.DOC MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Wednesday, January 13, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Chair Willett; Commissioners Hall, Ray, Thomas, Tarantino and O'Neill Robert Leiter, Director of Planning and Building Jeff Steichen, Associate Planner Ann Moore, Assistant City Attorney Elizabeth Hull, Deputy City Attorney Staff Present: PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett ORAL COMMUNICATIONS: 1. ACTION ITEM: Confirmation of election of new Chair and Vice Chair. MSC (O'Neill/Hail) confirming the appointment of John Willett as Chair and Bob Thomas as Vice Chair of the Planning Commission. Motion carried. 2. PUBLIC HEARING: PCM 95-01B; Amending the Otay Ranch SPA One Public Facilities Financing Plan to expedite Olympic Parkway Construction. Bob Leiter, Director of Planning & Building, stated that staff is recommending that the Planning Commission schedule a Special Meeting on February 3, 1999 and that this item be continued to that meeting. MSC (O'Neill/Hail) to continue PCM 95-01B to the February 3, 1999 Special Planning Commission meeting. Motion carried. 3. PUBLIC HEARING: PCA 98-05; Consideration of amendment to Chapter 19.60 to add provisions for a City-wide kiosk sign program. Background: B0b Leiter gave a brief introduction stating that the City Council directed staff to work with the development community to organize a kiosk sign program directing customers to new housing projects in eastern Chula Vista. Over the last several month, staff has worked with a coalition of major developers in the City to develop a framework for the program. Planning Commission Minutes - 2- Wednesday, January 13, 1999 Jeff Steichen reported that on December 15, 1998, the City Council conceptually approved a proposed kiosk sign program, giving staff direction to proceed with the proposed amendment to the Municipal Code and further steps to initiate the establishment of a kiosk sign program. The purpose of the kiosk sign program is: 1. To eliminate the proliferation of numerous large illegal signs 2. To allow for construction of off-site directional kiosks signs containing specific number of panels in order to provide adequate signage to various residential communities. 3. To provide a uniform design, aesthetically pleasing to the community, and 4. To control the location of off-premise signage. The kiosk structure will have a maximum height of 12 ft., a maximum width of 7 ft., with a maximum of eight individual sign panels measuring approximately 6 ft. horizontally by 6 inches in height to be used to identify either the individual subdivisions or the planned communities within the City. No other type of signage, whether it be advertizing or commercial development, can take place on the kiosk sign. There will be approximately 35 locations that will be considered for placement of the signs subject to review by the Planning and Engineering Departments to ensure there are no hazards to pedestrians, traffic or visual impacts. They will primarily be located within the public right- of-way, but may also be placed within private property or open space, and there is a restriction in the ordinance which states that they must be at least 300 ft. apart. Presently, there are a few provisions in the code which allow for off-site subdivision signage, however, those that do exist are restrictive in height and area allowance, which has resulted in a proliferation of illegal signage primarily along major thoroughfares east of 1-805. No approval will be ~iven for directional signs on any kiosk structure if the applicant has any other illegal off-site signs anywhere within the City. The ordinance includes minimal eligibility restriction on who can display signage on the kiosk structure. Users shall be limited to master planned communities and residential subdivisions exceeding 20 lots. It should be noted that any developer that chooses to utilize the proposed code provisions will not be able to utilize the existing provisions of the Code regarding off-site signage. The intent of the program is for the City to contract with a sign company who will then become the administrator of the program subject to overview by City staff when necessary. Staff Recommendation: That the Planning Commission adopt Resolution PCA 98-05 recommending that the City Council adopt an ordinance to amend Section 19.60.480 of the Municipal Code in order to provide the option of establishing an off-site subdivision directional kiosk sign program. Planning Commission Minutes - 3- Wednesday, January 13, 1999 Commission Discussion: Commissioner Tarantino asked if any consideration had been given to utilizing anti- graffiti material and if graffiti removal costs had been factored into the cost of the signs. Mr. Steichen responded that the proposed sign plan contains provisions that require the structure and panels to have an anti-graffiti material appl ied. Chair Willett stated that one of the methods used to remove graffiti is to use pressurized water, and expressed concern with the damage that procedure could inflict on wooden signs. Commissioner Thomas asked for clarification on what happens to developers who do not wish to participate in the kiosk sign program. Jeff Steichen responded that after the program has been in place for some time, if a developer chooses not to participate in the program, it will then become an enforcement issue with the existing illegal signs. Bob Leiter clarified that the existing provision in the code for off-site directional signage, although restrictive, is still available to a small developer, in lieu of the kiosk sign program, however, you cannot do both. Commissioner Ray stated that given that each sign has a maximum of eight panels for development names, how would other developments be accommodated and who would make that determination. Bob Leiter responded that there would probably be alternate signs every half mile with one group of developers first, then the alternate sign with another set of developers. The developer coalition agreed that for the master planned communities, the signs would only be used to identify the master planned communities, not the individual merchant builder projects within those communities. Commissioner O'Neill stated that once this program is in place, then all other illegal signs should go away, however, his concern is that the majority of illegal poster board signs go up on weekends, and having an enforcement officer during the week will not effectively address the problem that arises on weekends. Bob Leiter responded that any existing permanent illegal signs will be required to be removed immediately through our Code Enforcement Manager, and the intent would be to include wording in the sign program that clearly states that there would be repercussions in their ability to use the kiosk program, but if need be, we could have Code Enforcement Officers out on Saturdays to remove them and use the Code Enforcement Program to enforce it. Planning Commission Minutes - 4- Wednesday, January 13, 1999 Mr. Leiter further stated that with the hiring of the new Code Enforcement Officer, perhaps this would be a good topic for an update on the Code Enforcement Program for a future workshop, sometime in March or April. PUBLIC HEARING OPENED 7:45. No public input. PUBLIC HEARING CLOSED 7:45 MSC (Ray/O'Neill) (6-0-0-0) that the Planning Commission adopt Resolution PCA 98-05 recommending that the City Council adopt an ordinance to amend Section 19.60 of the Municipal Code in order to provide the option of establishing an off-site subdivision directional kiosk sign program and that developments such as Otay Ranch be designated by Village, and within the Village, by development. Motion carried. DIRECTOR'S REPORT. 1. Bob Leiter introduced Jim Sandoval, newly appointed Assistant Director of Planning. 2. Mr. Leiter reviewed the meeting schedule, noting that the Planning Commission meeting of january 27,1999 has been cancelled, the joint Council/Planning Commission tour will be on Saturday, january 16, and a Special Planning Commission meeting on February 3, 1999. In addition, the League of California Cities will be having a Planning Commissioners Orientation Workshop for new commissioners, and the Planners Institute is scheduled for March 24-26, 1999 in Monterrey. Current funding in the budget would cover the cost for three commissioners to attend. Due to scheduling conflicts, none of the Commissioners would be able to attend the League workshop on january 22, however, they are interested in the Planners Institute in March. COMMISSIONERS COMMENTS: " Commissioner Thomas asked what type of street improvement requirements are placed on new developments. Bob Leiter responded that they are required to make improvement on the street frontage, however, if a traffic study has identified other needs, they may also be required to do off-site improvements to adjacent streets to their development. " Commission Hall inquired if there were any plans to install meters on the freeway on-ramps in the South bay. Planning Commission Minutes - 5- Wednesday, January 13, 1999 Bob Leiter stated that this question was also posed to the City Engineer at a recent GMOC traffic presentation and he stated that currently Caltrans is not planning ramp meters on any of the freeway on-ramps in Chula Vista. They are currently doing an interchange improvement and Caltrans is not requiring that it be designed for future ramping. " Commissioner Ray asked where the GMOC boundary begin and end vs. Caltrans, where stacking occurs on a freeway on-ramp, and at what point does it get counted agains traffic flow within the City. Bob Leiter responded that the standard specifically excludes freeway interchanges and this is an issue that GMOC will need to deal with as part of clarifying the threshold standards of traffic. It has not been an issue in the past, but it may become an issue in the near future. ADJOURNMENT at 8:00 p.m. to the Special Planning Commission meeting of February 3, 1999, at 7:00 p.m. C \ =-~..~ ~~''''''I... Diana Vargas, Secretary to PI n ing Commission PLANNING COMMISSION AGENDA STATEMENT Item L Meeting Date 2/3/99 ITEM TITLE: Public Hearing: Conditional Use Permit PCC 99-06; Request to construct a gasoline fueling facility at Costco Warehouse at 1144 Broadway- Costco Wholesale At the Planning Commission meeting of December 16, 1999, the Commission continued to the meeting of January 27, 1999 in order to address the following concerns: 1) feasibility of relocating the proposed fueling facility to the rear of the Costco warehouse, 2) adequacy of stacking analysis discussed in the traffic study, including a request to provide a table showing breakdown of anticipated gallons/week broken down by days, peak hours, etc., 3) adequacy of available parking. The meeting of January 27, 1999 was cancelled and rescheduled for the meeting of February 3, 1999. The applicant has now requested this item be continued to the meeting of February 24, 1999 in order for the applicant to meet with staff to discuss their recommendations. RECOMMENDATION: That the public hearing be opened on February 3, 1999 and continued to the meeting of February 24, 1999. H:\HDME\PLANNING\JEFF\PCRPT\COSTCO.CON PLANNING COMMISSION AGENDA STATEMENT ~ Item _ Meeting Date 2/3/99 ITEM TITLE: Public Hearing: PCC 99-25; Consideration of a 132 unit affordable senior housing complex located on the east side of Medical Center Drive between East Naples and Medical Center Court, and involving a 69% density bonus increase and special property development standards - Chelsea Investment Corporation. The applicant, Chelsea Investments Corporation, is requesting approval of a Conditional Use Permit for the construction of a 132 unit affordable senior housing project on 4.14 acres located on the east side of Medical Center Drive between Medical Center Ct. and Naples Ct. within the Sunbow II planned community. The project also involves special property development standards, and a 69 % density bonus increase (as authorized by State Government Code Section 65915). Based on the Initial Study, the Environmental Review Coordinator has concluded that there would be no significant environmental effects and, therefore, recommends that the Negative Declaration issued on IS 99-03 be adopted. RECOMMENDATION: That the Planning Commission adopt the Negative Declaration prepared for IS 99-13 and adopt Resolution PCC 99-25 recommending that the City Council approve the Conditional Use Permit for the proposed affordable senior housing project based on the findings and subject to the conditions contained in the attached Draft City Council Resolution. BOARDS/COMMISSIONS RECOMMENDATIONS: On Monday, January 25, 1999, the Design Review Committee considered the project and voted 5-0 to approve DRC 99-29 to conditionally approve the proposed project. Under a separate motion, the DRC made a recommendation to City Council that the applicant be given the flexibility to reduce parking space requirements further than recommended by staff in order to accommodate pedestrian links between Village I and II and to the community garden in the center of the project. prr QQ-?~ Vil1" !';P'TP'n" (!';llnhmlJ) p"gP ? BACKGROUND: On May 13, 1997 the Ayres Development Company, Sunbow II Master Developer, entered into an agreement with the City to provide ten percent of the total units built (97) for low and moderate income households (5% low (49) and 5% moderate (48)). While the Moderate income units are typically satisfied with market rate units throughout the planned community, the low income units are designated sites for apartments or condominiums. The Sunbow II Sectional Planning Area (SPA) plan identifies two potential sites to house the low income housing units, Parcel 7 and Parcel 6 (see Attachment 4). Both are designated RM, Residential Multifamily and are targeted for II-18 du/ac. To satisfy the above mentioned low income housing requirements the applicant is proposing to use Parcel 6 to build a senior apartment complex with 132 dwelling units, thirty five (35) more than are required by the agreement referenced above. DISCUSSION: 1. Site Characteristics The project site is located on the east side of Medical Center Drive between Medical Center Ct. and Naples Ct. within the Sunbow II Planned Community (see Locator). The 4.14 acre, elongated site is vacant (except for a vacant office trailer and associated parking facility located at the north end of the property) and relatively level except for a slope condition along the east property line. The site is surrounded by streets on west, south and north and to the east by the future State Veterans Home located approximately 60 ft. above. After grading, the site will be at the same level as Medical Center Drive and Naples Ct., and about 15 ft. lower than Medical Center Ct. Based on the proposed finish grade, access to the site is limited to Medical Center Drive and Naples Ct. 2. General Plan. Zoning and Land Use GEN.PLAN ZONING SUNBOW II SPA CURRENT LAND USE Site: PQ * PC RM (candidate church site) (candidate affordable housing site) Vacant North: RM(6-11) R3P12 nla Apartments (across Naples Court). prr QQ-?'i Vi110 SPTPno (Snnn"..,) PogP ':\ South: PQ PC CV Medical Center Parking (across Medical Center Court). East: PQ PC nla Veterans Home West: RLM PC RS SFD's (across Medical Center Drive). * Note: The property is designated on the General Plan Land Use Diagram as "PQ" (Public Quasi-Public);" however, this designation has been determined to be a graphic error on the Diagram. The correct land use designation is "RM" (Residential Medium; 6-11 DulAc). Prior to the comprehensive update of the City's General Plan in 1989, the land use designation was Residential (4-12 DulAc). Subsequent to the amended General Plan on February 20, 1990, the Sunbow II Sectional Planning Area Plan was approved with the site designated for multiple family units, consistent with the correct General Plan land use designation. This designation will be graphically corrected upon the next printing of the General Plan Land Use Diagram. 3. Proiect Description The applicant is proposing an affordable senior housing project with a total of 132 apartment units (I 12 one-bedroom and 20 two-bedroom), common recreation facilities and amenities; ample open space and parking for 146 vehicles (132 designated and 14 guest parking spaces). The proposal also involves certain deviations from the Sunbow II Planned Community Regulations and Chula Vista Municipal Code property development standards and density bonus increase. The following paragraphs describe in more detail the proposed property development standards deviations and density bonus increase requested: Parking: Section 19.62.050 of the Municipal Code and the Sunbow II Planned Community District Regulations require 1.5 spaces for each one-bedroom, and 2 spaces for each two-bedroom units. However, for senior housing projects, the City Council may consider and approve exceptions for certain development standards, including off-street parking. The applicant is requesting a reduction in parking requirements from one space for each one-bedroom and 2 spaces for each two bedroom to one space per one or two-bedroom units and 14 guest parking spaces. Fourteen percent of the total number of parking spaces provided is proposed to be compact size (71/2 X 15). The following table illustrates the proposed and required parking in more detail: prr QQ-7~ Vi1h S..r..m (Snnhnw) P.g.. 4 Required Parkiug: 112 one bedroom units (1.5/unit) 20 two bedroom units (2/unit) Guest parking Total = 168 40 Ine! 208 Parking Provided Residential units ( one per unit) Guest parking Total = 132 --H 146 (-62 parking spaces) Open Space The Chula Vista Municipal Code requires 400 square feet of open space per dwelling unit for multi- family projects. The open space may be provided in common usable open space areas, private patios, balconies, or common recreational facilities. While the Municipal Code, Chapter 19.28, does not specifically require the provision of private patios for individual units, the adopted City Design Manual, Multi-family Design Guidelines Section, calls for 60 sq. ft. of private open space for one-bedroom and all units above the first floor, and 80 sq. ft. for two- bedroom, ground floor units. To satisfy the open space requirements described above, the proposed project features 45,941 sq. ft. (350 sq. ft. per unit) of common usable open space, including a recreational building, shuffle board, outdoor cooking and passive open space. No private patios are proposed for individual dwelling units. Based on the amenities provided, the applicant is requesting a reduction in open space from 400 to 350 sq. ft. per dwelling unit. Density Bonus The applicant is requesting a 69 % density bonus to increase the project density from 78 to 132 (54 additional units) affordable senior housing units. The 132 units will be restricted for occupancy by low income seniors, with 80% of the units for low income seniors at 60 percent of the Area Median Income (AMI) and 20% units for very low income seniors at 50 percent of the AMI. The rents for one-bedroom units will range from $444 to $539/month and for two-bedroom units from $530 to $644/month. The restricted rents are determined by HUD for the current fiscal year. Rent restrictions will be maintained for a period of no less than 52 years, which exceeds the 30-year term required by State law, and will bind all subsequent owners, so that the commitment remains in force regardless of ownership. Pf'f' QQ-?'i Vilh "f'rf'n" ~""nh()w) p"gf' 'i 4. Analysis Land Use Compatibility As noted above, the site is surrounded by streets on three sides and by the Veterans Home project, which is presently under construction. The site will be served by public transportation along Medical Center Drive and is within walking distance from the Chula Vista Medical Center, future commercial center and parks within the Sunbow II Planned Community. Thus, in staff's opinion, the site is appropriate for senior housing and highly compatible with the surrounding land uses. Parking With regard to the proposed reduction in the number of parking spaces to one space per unit plus 16 guest parking spaces, staff contacted several jurisdiction in the San Diego County and concluded that the one space per unit parking ratio is widely used by other jurisdictions for senior citizen projects. Based on this, and the fact that public transportation, as well as a neighborhood commercial center, park and the Chula Vista Medical Center will be available to serve the project residents, staff supports the reduction in parking spaces as requested by the applicant. At the Design Review Committee meeting of January 25, 1999, the Committee discussed the project and recommended a further reduction in parking space requirements in order to allow pedestrian linkages between Village I and II and to the community garden in the center of the project. Staff supports a further reduction as necessary to accomplish such linkages as long as it does not result in a further reduction in amount of tenant parking spaces available. Open Space Although the open space provided amounts to about 350 sq. ft. per dwelling unit, which is 50 sq, ft. less per dwelling unit, the senior citizen apartment complex has been designed with central open space facilities and amenities to enhance the recreational and social interaction opportunities typically associated with senior apartment projects. The applicant has indicated that seniors can create their own private patios within the oversized second story corridors and ground floor walkway by placing their chairs and tables along the edges of these corridors. Based on this, and the fact that the apartment complex will offer a unique senior citizen apartment living style, staff endorses the reduction in common usable open space as requested by the applicant. prr QQ-?~ VilIo ,<prpno r'<nnn"w) PogP f, Density Bonus As specified in State Government Code Section 65915(B), the City shall grant a minimum 25 percent density bonus increase over the otherwise maximum residential density and at least one additional concession or incentive to a developer of housing agreeing or proposing to construct at least: 1)20 percent of the total units for low income households; 2) 10 percent of the total units for very low income households; or 3) 50 percent of the total units for seniors. In addition, the City must grant at least one additional incentive or concession as defined in Section 65195(h) or make a written finding that the additional incentive or concession is not required to provide the affordable housing. Such incentives include one of the following: I)reduction or modification of Development Standards, Zoning Codes or Architectural Design Requirements, 2)Permit Mixed use Zoning within Housing Development or 3) Allow Other Regulatory Incentives or Concessions, This project is 100% for seniors and includes modifications to the Sunbow II Planned Community District Regulations and the following financial assistance from the City: The proposed Senior Apartment project will assist in meeting two top priorities set out in the City's Consolidated Plan for Housing and Community Development. These priorities are: 1) Continue to implement the City's Affordable Housing Program so that more newly constructed rental and for sale units are made available to low and moderate income households, with priority given to very low and low income families; and 2) Provide supportive housing assistance to special needs populations such as the elderly. Compliance with the Sunbow II General Development Plan/SPA Although the proposed project involves certain deviations from the Sunbow II Planned Community District Regulations and Chula Vista Municipal Code, the proposed senior housing project is in substantial compliance with the Sunbow II SPA which allows special property development standards for senior housing projects with approval of a CUP. With regard to the proposed increase in density (density bonus), the project will exceed the number of dwelling units and density permitted in the SPA. However, according to the City Attorney, the underlying zone or in this case the SPA does not have to be modified to accommodate the additional density. Thus, the project will remain in compliance with the Sunbow II GDP and SPA. CONCLUSION: For the reasons mentioned above, staff recommends approval of the project subject to the conditions listed in the attached Draft City Council Resolution. PI'I' QQ-?"i Vilh "prpm (""nhmxr) Pogp 7 Attachments: 1. Planning Commission Resolution 2. Draft City Council Resolutions 3. Locator and Figures 4. Portion of Sunhow II SPA Site Utilization Plan 5. Negative Declaration prepared for IS 99-13 6. Ownership Disclosure RIHOMEIPLANNINGIJEFFIPCRPn VlUASER ATTACHMENT 1 RESOLUTION NO PCC 99-25 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE A CONDITIONAL USE PERMIT FOR A 132 UNIT AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT WITHIN THE SUNBOW II PLANNED COMMUNITY; AND ALLOW A 69% DENSITY BONUS INCREASE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65915, CHELSEA INVESTMENT CORPORATION. WHEREAS, a duly verified application for a Conditional Use Permit and a request for a 69% (54 dwelling units) density bonus increase and other financial incentives was submitted to the Planning and Building, and Community Development Departments of the City of Chula Vista on November 19, 1998 by Chelsea Investment Corporation ("Applicant"); and, WHEREAS, said applications request approval of a Conditional Use Permit for a 132 unit affordable senior apartment complex at the northeast corner of Medical Center Drive and Medical Center Court within the Sunbow II Planned Community, and a sixty- nine percent (69%) density bonus increase pursuant to the California Govemment Code Section 65915, Chapter 4.3., Density Bonuses and Other Incentives; and, WHEREAS, the Environmental Review Coordinator has determined that the proposed project will have no negative impact and prepared a Negative Declaration for IS 99-13 pursuant to the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit 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 and residents 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 advertized, namely February 3,1999 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to this applications; and, WHEREAS, ITom the facts presented, the Planning Commission hereby determines that granting the requested density bonus is consistent with the Housing Element of the City of Chula Vista General Plan and the CaIifomia Government Code, and that the public necessity, convenience, general welfare and good zoning practice support the requested density bonus. Rp!;;.()lnti()n prr QQ_?-" P.gP 7 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does hereby recommend that the City Council adopt the attached draft City Council Resolution approving Conditional Use Permit PCC 99-25 in accordance with the findings and subject to the conditions contained in the attached draft City Council Resolution, and grant the requested 69% density bonus increase (54 additional units). BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this erd day of February, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: John Willett, Chairperson Diana Vargas, Secretary H :\SHAREDlPLANNIN GIVILASER. PCR ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 99-25, FOR A 132 UNIT AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT WITHIN THE SUNBOW II PLANNED COMMUNITY AND PC (PLANNED COMMUNITY) ZONE. 1. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagranunatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of a 4.14. acre elongated and relatively level site located at the northeast corner of Medical Center Drive and Medical Center Court ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on November 19, 1998, a duly verified application for a Conditional Use Permit (PCC 99-25) with respect to the Project Site was filed by Chelsea Investment Corporation ("Developer"); and WHEREAS, Developer requests permission to construct a 132 unit affordable senior apartment complex including associated parking and open space/recreational amenities . The proposal includes a request to reduce the require number of parking spaces from two hundred eight (208) to one hundred forty-six (146) and the open space requirement from four hundred (400) to three hundred and fifty square feet per unit; and, C. Prior Discretionary Approvals Whereas the development of the Project Site has been the subject matter of 1) A General Development Plan, Sunbow II General Development Plan (GDP) previously approved by City Council Resolution 15427 ("GDP"); 2) Sectional Planning Area (SPA) Plan, Sunbow II Sectional Planning Area Plan previously adopted by City Council Resolution No. 15524 ("SPA"); 3) Sunbow II Public Facilities Financing Plan ("PFFP"), Sunbow II Design Guidelines all previously approved by City Council on February 20, 1990 By resolution No.155254 4) Sunbow II Air Quality Improvement Plan and Sunbow II Water Conservation Plan Phase IA adopted by City Council Resolution ; 5) Sunbow II Planned Community District Regulations adopted By City Council Ordinance No. 2346; 6) Master Tentative Map, Chula Vista Tract 90-07 approved by City Council Resolution No. 15640 and extended one year by Resolution 17177; and, Resolution No. Page No.2 D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study, such study (IS 99-13) was prepared, and based on such study a Negative Declaration was prepared and circulated for public review. E. Planning Commission Record on CUP Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 3, 1999 and voted _ to adopt Resolution No. PCC 99-25 recommending that the City Council adopt Negative Declaration IS-99-13, approve Conditional Use Permit PCC 99-25 based on the findings and subject to the conditions contained therein; and grant a 69% density increase (54 units above the maximum permitted density) pursuant to California Government Code Section 65195B, Density Bonuses and Other Incentives; and F. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on February 16, to receive the recommendation of the RCC, Planning Commission and Design Review Committee, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on February 3, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICA nON OF COMPLIANCE WITH CEQA The City Council does hereby find that the Negative Declaration on IS 99-13 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Negative Declaration on IS 99-13 reflects the independent judgement of the City of Chula Vista City Council. V. SPECIAL USE PERMIT FINDINGS Resolution No. Page No.3 The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed project is desirable at this location in that the site provides immediate access to public transportation and is within walking distance of the Sharp Chula Vista Medical Center. A neighborhood commercial center is proposed for a location just south of the site. There are no other senior rental housing developments within the newly developed areas of eastern Chula Vista. In addition, the project will satisfy Sunbow II's low income housing requirement. B. That such use 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 proposed Project is compatible with surrounding residential and institutional land uses and adequate infrastructure is in place. The project is oriented toward Medical Center Drive in order to allow easy ingress/egress to the site, and convenient access to public transportation. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The applicant has requested a reduction in the required number of parking spaces from two hundred eight (208) to one hundred forty six (146) (Chula Vista Municipal Code Section 19.62.050_ ) and open space acreage requirement from 400 to 350 sq. Ft. per dwelling unit (Chula Vista Municipal Code Section 19.28.090). Based on previously approved senior housing project parking requirements in the City of Chula Vista and other neighboring jurisdiction, as well as the Project Site's close proximity to public transportation, health care facilities and future neighborhood parks and commercial center within the Sunbow Planned Community, the proposed parking ratio of one space per dwelling unit plus 14 additional parking spaces for guests is consistent with established standards for this type of residential projects. The proposed senior housing apartment complex features common recreational facilities designed for the intended residents and open lawn areas for outdoor activities. Based on the proposed amenities and the intended residents, the proposed open space is adequate. Resolution No. Page No.4 D. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Project is in substantial conformance with the Housing Element of the City of Chula Vista General Plan, which supports a wide variety of residential products including senior housing and requires a minimum of 10% of the total number of dwelling units in subdivisions with more than 50 dwelling units be affordable. The Project will also satisfy the affordable housing requirement prescribed in the Sunbow II affordable Housing Program and Agreement. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW: VI. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-99-25 subject to the following conditions whereby the Applicant Shall: A. Ensure that the proposal complies with the use outlined in the application and material submitted therewith except as modified below: I. Comply with all conditions of DRC 99-29 as outlined 1ll letter dated .............. 2. Comply with all requirements of the Engineering Department including the following: a. Prior to issuance of building permits, applicant shall pay all applicable sewer connection, development impact, and traffic signal fees. b. Construct two driveway approaches per City of Chula Vista standards as shown on the proposed site plan. Prior to said construction, applicant shall obtain a construction permit from the Public Works Department. c. Obtain a grading permit. d. Vehicular turning movement shall be restricted to right turn in and right turn out only at new driveways along Medical Center Drive due to an existing raised concrete median. e. Prior to occupancy, applicant shall submit and receive approval for a lot consolidation for this project. Resolution No. Page No.5 3. Comply with all requirements of the Chula Vista Fire Department including the following: a. Hanuner head turn-around shall be 90' x 25' x 25' b. Fire Alarm systems are required for all buildings c. Class I Standpipe system required in three story building. d. Fire hydrant required at each driveway entrance. B. Any change to the operational profile or expansion of the use shall require approval by the City Council and may result in additional conditions of approval and/or mitigation measures. C. Construct the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. D. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. E. Approval of this Conditional Use Permit is contingent upon approval and adoption of Resolution granting approval of the requested density bonus. F. This sp~cial use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. G. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue sources which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Attachment "A"), indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. VIII. INDEMNIFICATION/HOLD HARMLESS Resolution No. Page No.6 Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all Applicant's/operator's successors and assigns. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Robert Leiter Director of Planning and Building John M. Kaheny City Attorney H :\SHAREDlPLANNINGI VILASER.CRI RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DENSITY BONUS TO CHELSEA INVESTMENT CORPORATION SUNBOW SERVICES COMPANY, LLC TO ALLOW CONSTRUCTION OF A 132 UNIT AFFORDABLE RESIDENTIAL DEVELOPMENT FOR LOW INCOME SENIORS LOCATED AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of approximately 4.14 acres of land located at the northeast corner of Medical Center Drive and Medical Center Court ("Project Site"). B. Project Applicant WHEREAS, an application for an affordable housing project and a request for a sixty-nine percent (69%) density bonus and other additional incentives/concessions was filed with the Chula Vista Community Development Department on December 16,1998 by Chelsea Investment Corporation (CIC) Sun bow Services Company LLC ("Applicant"); and C. Project Description WHEREAS, said application requested a sixty nine percent (69%) density bonus and reductions in parking and open space requirements to allow the construction of 132 rental units for very low and low income seniors ("Project"); and D. Environmental Detennination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has detennined that the Project requires the preparation of an Initial Study, such study (IS 99-13) was prepared, and based on such study a Negative Declaration was prepared and circulated for public review; and E. Planning Commission Record on Application WHEREAS, the Planning Commission considered the Project on February 3, 1999 at which time the Planning Commission voted _ to _ adopting Resolution No. PCC 99-25B recommending that the City Council grant the requested increase in density of sixty nine percent (69%) and reductions in parking and open space requirements to allow the construction of a maximum of one hundred thirty-two (132) dwelling units for the residential project located at the north east corner of Medical Center Drive and Medical Center Court in the City of Chula; and Resolution No. Page 2 WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project, and implements portions of State related density bonus and that the granting of said density bonus and reductions in parking and open space requirements does not adversely affect the order, amenity, or stability of adjacent land uses; and F. City Council Record of Application WHEREAS, the City Council of the City ofChula Vista considered the recommendation of the Planning Commission regarding the density bonus and additional incentives/concessions for the Project on , 1999. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their meeting on this project held on February 3, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CITY COUNCIL FINDINGS The City Council hereby finds that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project, and implements portions of State related density bonus and that the granting of said density bonus and reductions in parking and open space requirements does not adversely affect the order, amenity, or stability of adjacent land uses. IV. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. V. CITY COUNCIL APPROVAL The City Council hereby grants the requested increase in density of sixty nine percent (69%) to allow the construction of a maximum of one hundred thirty-two (132) dwelling units for the residential project located at the north east corner of Medical Center Drive and Medical Center Court in the City ofChula. The City Council further approves the following incentives to the Applicant in order to balance the financial feasibility of the affordable housing project with the usual amenities found in a development of this type consistent with the Conditional Use Permit, PCC 99-25, for the Project: Resolution No. Page 3 I. The City ;mplemented alternative parking standards of one parking space for each dwelling unit, with ten percent (10%) guest parking provided on and off site for this project, and ten percent (10%) of the total parking spaces provided at compact size; and, 2. The City allowed a reduction in open space requirements from 400 square feet per unit to 350 square feet per unit. Presented by Approved as to form by Robert Leiter Director of Planning and Building John M. Kaheny City Attorney [(LH) HISHAREDIPLANNINGICC-DENBO.WPD (January 28, ]999 (11 J lam)] ~ ATTACHMENT 3 , ..------' \ , \ , , , ; . . ------ ~" f ! 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JJj/~~i) ~ _____ 'i ; I! / ! /I I: \1 \ f / i i! I i I ~ ") ! , " ! ! ,I ,. ---- PROJECT \ lOCATION \ \~ \ , \ \ \ \ \-------- \ , ~\\ , . \ '. . ' , \ / \, \ ..i~~; , " ATTACHMENT 4 BHA. I~C. M.W. ~,TEELE GRQlF. INC. BASM~CIY AN'DARNELL lNG, TIERR~ PlANNING & DESIGN GILLE"PIE DELORENZO ASSOCIATES ~~ . - ----=- =-- - EXHIBIT 1 negative declaration PROJECT K~\fE: Vi1la Serena Senior Apartments ATTACHMENT 5 PROJECT LOCATION: Medical Center Dr. at Naples Ct., Chula Vista, CA. ASSESSOR'S PARCEL NO.: 640-070-40 & 641-110-58 PROJECT APPLICANT: Chelsea Investment Corp. 215 S. Hwy. 101, Suite 200 Solana Beach, CA. 92075 CASE NO: IS-99-13 DATE: December 17, 1998 A. Proiect Setting The 4,14 acre project site is located within the Sunbow Planned Community. The Sunbow Planned Community consists of 602 acres located east of I-80S south of Telegraph Canyo n Road and north of the Otay Landfill. The following land uses presently surround the project site: North: multi-family residential uses (across East Naples Ct,); West( across Medical Center Drive): single family residences; East: future Veterans Retirement Horne and the Sharp Chula Vista Medical Center property. The site has been previously graded and is fully disturbed by human activity, The project site therefore does not represent viable habitat land for any sensitive plant or animal species nor as a vital cultural resource area. B. Proiect Description The project consists of the construction of 132 senior citizen apartment units located in three separate clusters throughout the rectangular shaped 4,14 acre site. The project proposes 112 single bedroom units and 20 two bedroom units, The project also proposes the construction of a 3,200 sq. ft. community building, The apartment units will be housed in two and three story buildings, The two-story apartment buildings will be located along Medical Center Drive, the community building will be in the center portion of the site and the three-story building will be located behind the community building to the east. Two driveways off of Medical Center Drive and a total of 145 uncovered parldng spaces (per code) for tenants and their guests are proposed, Landscaping will be provided in accordance with the City's adopted Landscape Manual standards. Project construction will also include the installation of street, sewer, drainage, water and other public utility improvements, The dwelling units would comply with applicable building code requirements, The one bedroom units are proposed to have an ~~rt- -.- r........~~ city 01 chula vista planning department 01Y OF .....u,,.""""'_.......e.1 ...0.11_.... ...~.1..... r1-Il II A '''CiA area of 560 square feet and the two bedroom units will have an area of 700 square feet. C. Compatibility with Zoning and Plans The project proposes to provide affordable housing for seniors, utilizing the density bonus provisions permitted by State Guidelines, The project as submitted would thus comply with the policies of the Housing Element of the Chula Vista General Plan which promote the utilization of development incentives to ensure local and regional affordable housing, The project would also be in compliance with the development standards established for the Sunbow Planned Community Plan and the Sunbow Sectional Planning Area Plan, The project as proposed will require approval of a conditional use permit. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required, This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The following have been determined to have no impact or less than significant project impacts, A discussion of these follows, 1, Public Services Impacts Fire The fire department will require the following improvements to the proposed project: 1. Hammer head turnaround to be 90' X 25' X 25' 2, Fire alarm system required in all buildings 3. Class 1 standpipe system required in proposed three-story building 4, A fire hydrant shall be required at each driveway entrance, Police The police department indicates that they will be able to provide adequate service to the proposed land use, 2 Schools The Chula Vista Elementary School District and the Sweetwater Union High School confirm that all of Sunbow is included in Community Facilities District (CFD) No, 4. Participation in this CFD fully mitigates al project impacts on school facilities, 2, Utility and Service Systems Soils A geotechnical study of the Sunbow Planned Community site was conducted by Geocon (1986) and was updated 1987. The study concluded that no significant geotechnical or soil constraints exist that could not be addressed by standard planning, design, and construction practices, The closest known fault is the potentially active La Nacion Fault which traverses the Sunbow Community Plan Site in a northeast to southwest line. Because the La Nacion Fault is classified as a potentially active fault, the risk of damaging ground shaking from a relatively large event on this fault is considered to be extremely low during the lifetime of the proposed structures, The applicant shall be required to prepare a soils report as a standard condition of approval by the Engineering Division at the design stage, Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineering Standards, Individual projects will provide necessary improvements consistent with these standards, The proposed project will comply with this Threshold Policy, The City Engineering Division will evaluate on-site and off-site drainage facilities at the design stage to ensure compliance, Sewer The project as proposed is not expected to create a need for any new utilities or service systems, The Engineering Division indicates that existing sewer facilities appear adequate to serve the proposed project. No adverse impacts to sewers are noted, 3, Biolo~ical Resources The project site has been previously disturbed by grading and earth moving operations, The project site is therefore not considered to represent habitat for any threatened or endangered plant or animal species, The area surrounding the 3 project site is also highly urbanized in nature. This project is not expected to adversely impact any sensitive, endangered or threatened species of plant or animal. 4, Land Use The project proposes a density of approximately 31,8 units per acre for the 4,14 acre site, The original multi-family designation allowed for the development of 7 8 multi-family units on a 2,12 acre portion and a church site for the remaining 2 acre portion, Combining the two sites and applying the State Density Bonus formula enabled the applicant to propose the 132 dwelling units for low-income seniors in perpetuity, The project will be required to comply with the conditions of approval as part of the conditional use permit process, The nature of the propo sed use and the opportunity to review the project design will lessen any potential land use impacts to less than significant. 5. Traffic The Engineering Division calculates the Average Daily Traffic (ADT) to be 528. The project site is served by Medical Center Drive, a four-lane Class I Collector which connects to Telegraph Canyon Road, a six-lane Prime Arterial. Both of these roadways would remain at a Level of Service (L.D,S,) PC" with project approval, Therefore there would be no noted adverse impacts to traffic from the proposed project. 6, Air Duality Short-tenn construction emissions (dust), and long-tenn emissions from residents' vehicles would occur. Neither would be significant, construction is short tenn and standard required measures to control dust would be implemented (watering the soil); and vehicle emissions would be minor, given the nature of the project and the projected Average Daily Traffic factor of 528, The project is also conveniently located within proximity to transit facilities, and to service facilities, thus providing opportunities for reduction in use of the automobile, 7, Aesthetics/Li~ht & Glare The two and three story apartment buildings and parking lot would create new light. There are no residences contiguous with the project site, Multi-family residences are located across East Naples St. to the north and single family residences are located across Medical Center Drive to the west, The applicant will {Mc\home\planninglkcith\negdccromans) p"" be required to submit a lighting plan as a standard condition of th e conditional use pennit and design review process. The proposed three story apartment units will have an approximate height of 35 feet. These units however will be placed adjacent to a hill that extends upwards approximately 60 feet and separates the project site from properties to the east, Building design, height, materials, landscaping and proposed parking areas and lighting will be reviewed for compliance with applicable City standards and compatibility with future surrounding development. No adverse impact is noted, E. Mitigation Necessary to A void Significant Effects No mitigation will be required, F. Consultation 1, Individuals and Or~anizatjons City of Chula Vista: Jeff Steichen, Planning Division Doug Reid, Planning Division Benjamin Guerrero, Planning Division Majed AI-Ghafry, Engineering Samir Nuhaily, Engineering Duane Bazzel, Planning Division Garry Williams, Planning Division Brad Remp, Building Division Ed Thomas, Fire Department Richard Preuss, Crime Prevention Joe Gamble, Planning Division/Parks & Recreation Sec, Peggy McCarberg, Acting Deputy City Attorney Chula Vista City School District: Dr, Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: William Hedenkamp 2, Documents Chula Vista General Plan (1989) and E1R (1989) Title 19, Chula Vista Municipal Code Sunbow GDP, SPA Plan Sunbow GDP Final E1R-88-I (M.\h~\pjanl1ing\ko:ith\negdec.romans) Page5 3, Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgment of the City of Chula Vista, Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910, EN 6 (Rev. (M \home\pJanning\ko:ithmegdcc_romans) 6 Page6 5. Case No. IS-99-13 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: 2. Lead Agency Name and Address: 3. Address and Phone Number of Proponent: 4. Name of Proposal: Date of Checklist: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e,g" impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Chelsea Investment Corp, City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 215 So, Hwy, 101, Suite 200 Solana Beach, California 92075 (619) 259-2624 Villa Serena Senior Apartments December 15, 1998 Potentlal!y Significant Impact PolenliaHy Signiricant Unless Miligilted Less Lhan Significanl Impact o o o o o o D D o o o 181 No Impact o 181 181 181 Page No.1 Polcnlii:dly Signlficanl Jmpact l'ol.cIIliiJ!ly Signifl(:ant Unless Mitigaled Less lhan Significanl Jmpact No Impact Comments: The proposed construction of 132 senior citizen apartment units will be in conformity with the multi-family designation by the General Development Plan and SPA Plan for the Sun bow development project and the City's adopted Housing Element, The project consists of new development which proposes to provide affordable housing for low and moderate income seniors, The project as proposed is subject to the granting of a density bonus per California State provisions, No impacts to agricultural operations or established communities are noted, II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or 0 0 0 181 local population projections? b) Induce substantial growth in an area either 0 0 0 181 directly or indirectly (e,g" through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially 0 0 0 181 affordable housing? Comments; The proposed project will not induce population growth or displace housing. The project proposes the use of the site for apartment use by senior citizens. The proposal represents an affordable housing project in a fully urbanized area which will help alleviate the demand for affordable housing on a regional basis, No adverse impacts to housing or population are noted, III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 181 overcovering of the soil? c) Change in topography or ground surface 0 0 0 181 relief features? Page No.2 e) Any increase in wind or water erosion of soils, either on or off the site? f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: A geotechnical study of the Sun bow site was conducted by Geocon (1986) and was updated in 1987, The study adequately addressed the geophysical issues, Based on the data provided, there appear to be no significant geotechnical constrainsts that could not be properly addressed by standard planning, design and construction practices. The closest known fault is the potentially active La Nacion Fault which traverses the Sun bow site in a north-east to southwest line, Because the La Nacion Fault is classified as a potentially active fault, the risk of damaging ground shaking from a relatively large event on this fault is considered to be extremely low during the lifetime of the proposed structures, The site is not currently within a mapped Earthquake Fault Zone, The site will be subject to periodic seismic shaking from earthquakes on remote faults, but the seismic risk is not greater for this site than for any other average building site in the western portion of San Diego County that is located on firm ground and not situated on a fault. A small insignificant landslide was mapped in the west- centeral portion of the Sun bow site on a north facing canyon slope, However, underneath the nearly flat project site underlies dense, bedrock units which are not prone to landsliding, Potential geological! seismic impacts are deemed to have no adverse impact on the project as proposed, No mitigation will be required other than that required by Final E.LR,-88-L d) The destruction, covering or modification of any unique geologic or physical features? Polcnlitllly Pol~r:ui::lly Significant Less lhan Slgniilc:anl Unless Signi[icanl No Impacl Miligaled !mpact Impacl 0 0 0 181 o o o 181 o o o 181 o o o 181 The preparation of a soils report shall be a standard requirement by the Engineering Division and the recommendations shall be complied with prior to the commencement of any construction activity including proposed structures, concrete slabs, driveways or sidewalks, No mitigation shall be required, Page No.3 Poler:~Ii:lly SignifJc:ant !1JI{)iicl IJolr.nlijjjiy Significanl Unlc:s:s Mitigaled Less than Signifir.ant Impact No Impad IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage 0 0 181 0 panerns, or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 181 related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 181 alteration of surface water quality (e,g" temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in 0 0 0 181 any water body? e) Changes in currents, or the course of 0 0 0 181 direction of water movements, in either marine or fresh waters? Q Change in the quantity of ground waters, 0 0 0 181 either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) Alterations to the course or flow of flood 0 0 0 181 waters? j) Substantial reduction in the amount of 0 0 0 181 water otherwise available for public water supplies? Page No.4 Poledlally Signiilcanl Irnpad l'olcnll(JJiy Significanl Unless MiLigalcd Less thaI! Signjfjcanl Impacl '0 Impacl Comments: The Engineering Division indicates that the site is not located within a flood plain, The Engineering Division indicates that there is an existing B.2 curb inlet north of Medical Center Court which connects to a 18" ACP, The drainage facility will need to be evaluated at the design stage for grading, drainage and connections. The project will not be required to develop and implement a storm water pollution plan (SWPP), but will be required to comply with Chapter 14,20 of the Chula Vista Municipal Code, relating to management practices associated with construction activity, No adverse impacts to water or drainage are noted. No mitigation will be required, V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? o o o ~ o o o ~ c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? o o o ~ o o o ~ e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The Average Daily Traffic (ADT) calculated to be generated by the proposed senior citizen apartment project is estimated to be 528, Due to the relative low number of trips no significant impacts to air quality are cited, Short-term construction emissions (dust), and long-term emissions from residents' vehicles would occur. Neither would be significant, as construction is short term and standard required measures to control dust would be implemented (watering the soil); and vehicle emissions would be minor since the project invovles seniors who would not be relying significantly on privately owned vehicles, Additionally the project site is located conveniently to transit facilities, and to service facilities, thus providing opportunities for reduction in use of private vehicles, No mitigation will be required, o o ~ o VI. TRANSPORTATION !CIRCULA TION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? o o ~ o Page No.5 IlolcnliilJly Jiol!:r.llaJiy Significant Less lhan Slgr.lflc:anl Unlcss Significant No Irr:pact MiligiJled Impact Impact b) Hazards to safety from design features 0 0 0 181 (e,g" sharp curves or dangerous intersections) or incompatible uses (e,g" farm equipment)? c) Inadequate emergency access or access to 0 0 0 181 nearby uses? d) Insufficient parking capacity on-site or off- 0 0 0 181 site? e) Hazards or barriers for pedestrians or 0 0 0 181 bicyclists? f) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e,g, bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large project" under the Congestion 0 0 0 181 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips,) Comments: Based on the proposed use the total ADT for the project is calculated to be 528, The traffic generated would not adversely impact the surrounding primary access roads including Medical Center Drive a four-lane Class I Collector and Telegraph Canyon Road, a six-lane Prime Arterial, Both of these would remain with a Level of Service (LO.5) "C", No adverse impacts to traffic or circulation are noted for this project, No mitigation will be required, VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 181 concern or species that are candidates for listing? b) Locally designated species (e,g" heritage 0 0 0 181 trees)? c) Locally designated natural communities 0 0 0 181 (e,g, oak forest, coastal habitat, etc,)? Page No.6 Polentlally J'Ol::LLIc.lly SignificiJul Lcsslllilll SigniiJcanl Unless Significanl No Impact Miligaled Impact Impact d) Wetland habitat (e,g" marsh, riparian and 0 0 D 181 vernal pool)? e) Wildlife dispersal or migration corridors? 0 D D 181 fj Affect regional habitat preservation 0 D D 181 planning efforts? Comments: The project site and surrounding developed area are located in a fully urbanized community and contain no native habitat, The site has been paved and portions of it are being used as a parking area and temporary construction office units, No animal or plant species listed as rare, threatened or endangered by local, State or Federal resource conservation and regulatory agencies are known to be present on this fully disturbed parceL No adverse impacts to biological resources are noted, No mitigation will be required, VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 D D 181 plans? b) Use non-renewable resources in a wasteful 0 D D 181 and inefficient manner? c) If the site is designated for mineral 0 D D 181 resource protection, will this project impact this protection? Comments: No evidence has been provided that indicates that the project will use non. renewable resources in a wasteful and inefficient manner. No adverse impacts to non- renewable resources are noted, IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? o D D 181 o D D 181 Page No.7 Polcnlially Polenlii:dly Signiflcilnt Lcsslhan Signiflcanl Unlcs~ Significant No Impacl Miligaled Impact Impacl c) The creation of any health hazard or D D D 181 potential health hazard? d) Exposure of people to existing sources of D D D 181 potential health hazards? e) Increased fire hazard in areas with D D D 181 flammable brush, grass, or trees? Comments: The residential land use project as proposed would not pose a health hazard to humans, No hazardous materials or substances will be stored on site, Therefore, there cannot be a risk of an explosion or release of hazardous substances in the event of an accident or upset condition, No mitigation will be required, X. NOISE. Would the proposal result in: a) Increases in existing noise levels? D D D 181 b) Exposure of people to severe noise levels? D 0 0 181 Comments: Temporary construction noise would occur at the site, however, the short term nature of the noise, and the fact that the proposed use is residential in nature render the potential noise factor to less than significant, No significant adverse noise impacts are noted, No mitigation is required. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? D D 0 181 b) Police protection? D D D 181 c) Schools? D D D 181 d) Maintenance of public facilities, including D D 0 181 roads? e) Other governmental services? D 0 0 181 Page No.8 Pol!::nlJaJiy Signifl:::anl Jrr:piwl Ilol(:nlliJJi) Significant lJ n h~ss MiLigalcd Less Lhall Significi1nl Impact No Impact Comments: Both school districts indicate that the proposed Sunbow senior citizen residential project is included in Community Facilities Disrict (CFD) No, 4, Participation in this CFD fully mitigates all project impacts on school facilities, The project would not have an effect upon or result in a need for new or altered governmental services, Fire and Police Department indicate that they would be able to provide adequate service to this proposed project, The Police Department indicates that the response times for both Priority 1 & 2 calls are slightly above the recommended response thresholds, XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any of the following Threshold Standards, D Q o [gI a) Fire/ELMS o o o [gI The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases, The City of Chula Vista Fire Department indicates that the nearest fire station is 2 miles away and that this threshold standard will be met, The proposed project will comply with this Threshold Standard, Comments: The Fire Department states that the following will be required as standard conditions: a Class 1 standpipe system, fire alarm system in all buildings, firre hydrants in each driveway, and the proposed hammerhead turn-around shall have the following dimensions 90' x 25' x 25', b) Police D o [gI o The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4,5 minutes or less, Police units must respond to 62,10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less, The Police Department response time for both Priority 1 and Priority 2 calls within the vicinity of the proposed project do not currently comply with this Threshold Standard, Page No.9 ]Iolr:nlii:lly Significanl Impact PolcnliiJI i~ Significant tJnlcsf; Miligaled Less lhan SignificlIlIl Impact ,,, Impact Comments: The police Department indicates that adequate service can be provided to the project site. Crime prevention personnel are available to assist the Project Manager with recommendations and input regarding this project, The average response times for both Priority 1 and 2 calls are slightly above the recommended service response thresholds, No mitigation will be required, c) Traffic o o o 181 The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections, Intersections west of I-80S are not to operate at a LOS below their 1987 LOS, No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard, This Threshold Standard does not apply to the proposed project. Comments: No adverse impacts to traffic/circulation are noted from the project as proposed, See Section VI (Transportation/Circulation) above, d) Parks/Recreation 0 0 0 181 The Threshold Standard for Parks and Recreation is 3 acres/1,000 population. This Threshold Standard will apply to the proposed project, Comments: No adverse impacts to parks or recreational opportunities are noted, The applicant will be required to pay the required park fees and this will satisfy any Park and RecreationThreshold Standard requirements, e) Drainage o o 181 o The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards, Individual projects will provide necessary improvements consistent with City Engineering Standards, The proposed project does comply with this Threshold Standard, Comments: The Engineering Division indicates that existing on-site and off.site drainage facilities will be reviewed prior to construction, Additional minor installations of inlets along the street right-of-way may be necessary in order to complete street dedication and improvements along Medical Center Drive, Page No. 10 Polcnl1ally I'Dlt!;ti;:lly SigniricanL Less Lhan Significanl Unless SignificanL No Impact Miligillcd ImpacL Impact e) Sewer 0 ~ 0 The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards, Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards, The project will comply with this Threshold Standard, Comments: The proposed project is not expected to create a need for any new utilities or service systems. A 10" vcp flows northerly to Telegraph Canyon Road and connects to an 18" line, The Engineering Department indicates that existing sewer facilities appear adequate to serve the proposed project, No adverse impacts to sewers are noted. f) Water o o o ~ The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction, The proposed project does comply with this Threshold Standard, Comments: No adverse impacts to water quality are noted from project approval. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 ~ b) Communications systems? 0 0 0 ~ c) Local or regional water treatment or 0 0 0 ~ distribution facilities? d) Sewer or septic tanks? 0 0 ~ 0 e) Storm water drainage? 0 0 ~ 0 Page No. II fj Solid waste disposal? !'oler;lIi1lly SlgnifJciJnl IlJiDi1cl o PolcrltiiJlly SignificiJlll Unless Mitigated o Less than Significant Impact o No Impact 181 Comments: This project will not result in a need for new systems, nor result in alterations in any utilities, XIV. AESTHETICS. Would tbe proposal: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic route? c) Have a demonstrable negative aesthetic effect? d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19,66,100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? o o o o o o o o o o o o o 181 o 181 181 181 o 181 Comments: The project will be subject to the review and recommendations of the Design Review Committee, Building design, height, materials, landscaping and proposed parking will be reviewed for compliance with applicable standards and compatibility with future surrounding development and land uses and its visual impact along Medical Center Drive, No mitigation will be required, XV. CULTURAL RESOURCES. Would tbe proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? o o o o o o 181 181 Page No. 12 e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Comments: The project site is graded and is found in a fully disturbed condition. The adjacent properties are fully disturbed as welL No adverse impacts to cultural resources are noted, XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: No paleontological resources have been identified on or near the project, which is located in a fully developed urban setting, c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area) Polclllliill} Polcnlli:dly Significanl LcssLhill1 Sipljficanl Unless Significanl ~o ImpiJel MiliglJlcd Impad Jmpacl 0 0 0 r8I o o o r8I o o o r8I o o o r8I XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 r8I regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 r8I c) Interfere with recreation parks & 0 0 0 r8I recreation plans or programs? Comments: No adverse impacts to Parks or Recreational Plans are noted, XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed, Page No. 13 Po!.enli"Jly Sigmficant Impi"::::t j)OLCI1!.ldlly SJgnificiJnl Unle~~ Miligaled Less lhilll 31gnificunl Impacl ~o Impacl a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The project site is in a fully developed urban setting. The project site has been completely disturbed by human activity, No impacts to wildlife population, habitat or cultural/historical resources are noted, o o o 181 b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Comments: The project does not have the potential to achieve short term environmental goals to the disadvantage of long-term goals, The project is consistent with both the General Development Plan and SPA Plan for the Sun bow Plan, o o o 181 c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects,) Comments: The project does not have any Impacts that are individually limited, but cumulatively considerable, o o o 181 Page No. 14 d) Does the project have environmental effect which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The analysis contained in the Initial Study found no evidence indicating the project will cause substantial adverse effects on human beings, either directly or indirectly, Potential I} jlol::~,llaJly Significant Less lhil/1 Signifl:::ant Unless Significant No Irr:pacl Miligilled Jrnpar.l Impact 0 0 0 181 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No mitigation measures will be required for this project. XX. ENVIRONMENTAL F ACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages, D Land Use and Planning D Population and Housing D T ransportation/ Circulation D Public Services D Biological Resources D Utilities and Service Systems D Aesthetics D Geophysical D Energy and Mineral Resources D Water D Hazards D Cultural Resources D Air Quality D Noise D Recreation D Mandatoty Findings of Significance Page No. 15 XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DE CLARA TION will be prepared, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, A MITIGATED NEGATIVE DE CLARA TION will be prepared, I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IM:PACT REPORT is required, I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated," An ENVIRONMENTAL IM:PACT REPORT is required, but it must analyze only the effects that remain to be addressed, I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination, f1-:~~~/ Enviro~ental Review Coordinator City of Chula Vista j 2/;sh~ , / Date ~ o o o o Page No. 16 "........-.. ....._---~_._.-----._-_..._._-,_... "- -'._... _.. .- Sent By: CHELSEA INV. j 619259 1136; APPENDIX B 1 9 No V ~.. 5:42PM;Job 256;page 2/5 ATTACHMENT 6 '1HE CITY OF CHULA VISTA DISCLOSURE srA't'EMENT You II(lc requirc:4 10 file a Slalcmenl of Disclosurc of cznain awncf5hip or financial inlerest5, paymeRl.S, or gmpaign eon,r.,...io,"", o~ all mane~ which will re<juire discrelional)' aCli,," un Ibe pan of Ihe City Council, Planll,n!: Commls.sioD, and all olher official boI1ics, The folllJ\l/ing informal ion mus. be disclD5c:d: 1. 2, 3, Ust <be Dames "f all persons bavio.g a financial inleresl in Ihe property ""bieh is Ihe ~ubjc;a of Ihe applicatiOIl Dr Ihe COlllraCl, e.g.. CIMIeT. applidllu, co~lraClor, subcon<raclor, material supplier, ~/PI(!.,SA/i" fiWti""~1JTrf ~PAItWr ~I26IJ U-'f K.1"'~ L,fl-( 1':> C6m #;:;"H IA/E1:;711617 t!..64-~ ~V'U~ U..r- J., t"ffd-~A €.<~1It1t t. " JC any person' identified pursuant 10 (1) aboVe is a ..,rporalior> Dr panllership.listlhe ".m"" of all individuals owning more tun 10'% of the ibarc;s in Ihe COll'Oralion or owning allY par1nershlp inleresl in me pannership. .I. )(f; rid- tI1 t!-N6- -:; . -::::r ~E:SSc:.fln1/ i) G.H-M~<;' 5?Hffl If) If a~y person. idelltlfied pun;uaDt to (1) a_ is r>on-profit organi23tlon or a tr\lSt, Ust the names ot any person SCMllg as direclOr of the non-profit organizalion or 3$ trUStee or beneficiary or trllSlOr of tbe trW\I, l2-uSS~J-l... j;,J.e~ 1TI1c.wn:~ vJlJ-~ ~", "/HD'f1IP.s.~,.) R..lc..J~~.)) rnDJ 4, Have: you bad more tban S250 WOMh of businr:ss 113nsaclcd wllh "ny member of the Cil}' start. Board!;, Commissions, Commiuccs, and Council wilhin tbe pas, "",elv" months? Y"'_ No..!:.. If yes, please indical" pc::rson(s): - 5, Please Idelllil'y each and every pen;or>, iIIeluding any ..genIS, employe;e:s, consultants, or iDdepclldent CXlDlraelon; who you bave assigned 10 represent you before 'he Cily in this Dlaller. ~ll P 111 11 re~M"1 151 t"V rIWCJ.J ~ f ~~ I3I..U M ':'1 C.K... .&L- T€" 6, Haw you and/or yollr olfi=rs or agenu., ill the aggreple, contributed IIIOTe tban Sl,IJOO to a Coundlmelllber ID tbe o::urrcnt or p~iIIg election pc::riod? YC5_ No~ If yes. Slate: ""bid> Collnc:ilmcmher(s): Dale: /lJII/t1t r I . . . (NO'TE: Anadt IIddIUIIDaI "pm, ) . . . ... if? .( ~;:J , . ~ Signature of CXlDlrac:torla~nt .-!::JI ~LIPJn (f. IJ CbJiAJ k,Ar"1'- Print or 1)'pC name of CXlnltac:tor/appllcanl . ,~ud<fin""''' .Any-.....l.fimI, -_.;.;p.i--'" __........_w-.fr-...J ....WdIi.... <~ ----,......... dw T'" -'Y' -.-..0'. .u, _ '""""'Y. ..., ......~. 1tiIIPi.. "'...... "",*.J ............ "'..., ..... ".,.." '" --- ....., lIS. ...... PLANNING COMMISSION AGENDA STATEMENT Item: -.3 Meeting Date: 2/3/99 ITEM TITLE: Public Hearing: PCM 97-11; Request to amend the Otay Ranch Sectional Planning Area (SPA) One for Phase Seven (Purple Phase) of the Village One Core and Village One West including the Planned Community District Regulations; Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; Public Facilities Finance Plan; Affordable Housing Plan; and the Phase 2 Resource Management Plan, The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan for the Village One Core - Phase Seven (Purple Phase), and the area of Village One west of Pas eo Ranchero (Village One West), The SPA One amendment implements the recently approved Otay Ranch General Development Plan (GDP) Amendments for Village One and Village One West. The Village One Core area is 95 acres, expands the development area in Phase Seven (Purple Phase) consistent with the GDP amendment and modifies the design of the "Main Street" concept. The Village One West amendment adds approximately 296.5 total developable acres and corresponding increase in the number of units in the area west of Pas eo Ranchero, RECOMMENDATION: That the Planning Commission adopt Resolution No. PCM 97-11 recommending the City Council approve the amendment to the Otay Ranch SPA One Plan and Resolution No, PCM 98-02 recommending City Council approve the amendments to the Otay Ranch SPA One Planned Community District Regulations. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) will meet on February 1, 1999 to discuss the proposed amendments to the Phase 2 Resource Management Plan, Staff will report on the RCC recommendations at the Planning Commission meeting, BACKGROUND: 1. Site Characteristics The Village Core area of Village One is still characterized by rolling hills with scenic canyons and undulating edge conditions, The Village One Core area was dry farmed in the past while cattle grazing occurred in the Village One West area, The Village One area north of East Palomar Street is currently under development with the construction of single-family homes and Heritage Park, The Village Core amendment is in Phase Seven (Purple Phase) south of East Palomar Street, The Village One West area has several canyons that contain native habitat. As part of the recent Page 2, Item Meeting Date: 2/3/99 GDP amendments, the wildlife agencies have authorized the "taking" of this habitat in exchange for habitat in the Proctor Valley Parcel and the San Y sidro Parcel. 2. General Plan, Zoning and Land Use General Plan The General Plan designations for the Village One Core are Village Core (VC) and Low Medium Village (LMV), The Village One West area is designated Low Medium (LM), The Otay Ranch GDP for Village One designates the core area as Mixed Use (MU) with surrounding Medium High density (18 DUs/acre). The MU designation contains the commercial, community purpose facility, park and elementary school uses, The GDP designation for the Village One West area was recently amended to expand the Low Medium development area to approximately 200 acres with a density of up to 4,0 DUs/acre. Rancho del Rey SPA Three is located to the north of Village One, The Rancho del Rey Middle School and Voyager Park are located directly to the north. Village Five of the Otay Ranch is located to the east and has similar General Plan and GDP designations as Village One, Village Two is located to the south and has similar designations except that Village Two is not a transit village, so the maximum multi-family density is 14,5 DUs/acre, The Sunbow master planned community is located to the west of Village One West. The area adjacent to Village One West is designated for single-family homes on 5,000 and 6,000 square foot lots. Zoning The Otay Ranch, within the City, is zoned Planned Community (PC) as is Sunbow and Rancho del Rey, Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. The area adjacent to the Otay Ranch SPA One Plan is planned for single-family homes in Sunbow and a middle school and park in Rancho del Rey. No development regulations have been proposed for Village Two in the Otay Ranch since a SPA plan has yet to be prepared, Current Land Use The Village Core of Village One is currently vacant and undeveloped south of East Palomar Street, although there is some storage of construction equipment on this portion of the village, Village One West is vacant and unimproved, although cattle grazing has occurred recently, The Sunbow property, adjacent to Village One West, is also vacant and unimproved. To the north, Rancho del Rey Middle School is open and Voyager Park is scheduled to open in the near fu ture, Village Two to the south is still used for agricultural purposes. Page 3, Item Meeting Date: 2/3/99 3. Proposed Plan The SPA One Plan amendment proposes land use changes in the Village One Core - Phase Seven (Purple Phase), and the addition of the Village One West area into the SPA Plan, The SPA One Plan amendments reflect the Otay Ranch GDP amendments adopted by the City Council on November 10, 1998. The SPA One land use plan for the Village One - Phase Seven (Purple Phase) is modified to reflect the MSCP agreement between the applicant and the resource agencies. The revised land use plan includes an expanded development area with single-family units to the south, In addition, the Village Core "Main Street" theme is implemented along East Palomar Street with diagonal parking fronting the commercial/mixed use area across from the 11- acre Heritage Park, In addition, the amendment proposes transferring units from Village One proper to Village One West. When the SPA One Plan was approved in June of 1996, the project applicant, Village Development (now know as The Otay Ranch Company), did not utilize all of the single-family units authorized by the GDP for Villages One and Five. Not all of the units were allocated because the applicant chose to plan a variety of single-family lot sizes. The Otay Ranch Company SPA One Plan application proposed 2,878 units in Village One exclusive of Village One West. Of this amount, 1,422 are multi-family and 1,456 are single- family, 188 units less than authorized by the GDP. In their current proposal, Otay Ranch Company requests that these unallocated units be distributed in the two multi-family neighborhoods in Phase Seven (Purple Phase), and the balance transferred to the Village One West area. A. Village One Core - Phase Seven (Purple Phase) Discussion: The Otay Ranch Company proposes to amend the SPA One Plan appl ication to allocate all of the multi-family units authorized by the GDP for Village One, The SPA One Plan (approved in June of 1996) allocated all of the GDP required 1,566 multi-family units in the Village One Core, This number of multi-family units was based on the Medium High designation in the GDP designation of 18 dwelling units per acre. The GDP was recently amended to provide flexibility in the number of multi-family units provided sufficient multi-family densities were approved to support the light rail transit line, Otay Ranch Company originally applied for 1,422 units in the core but have amended their application to request 1,512 dwelling units, an increase of 90 units in Phase Seven of the Plan. Page 4, Item Meeting Date: 2/3/99 Phase Seven of SPA One is located south of East Palomar Street and contains Neighborhoods R- 15, R-16, R-17, R-18, R-19, R-47 and R-48, The amendment proposes the following areas and densities: Neighborhood Land Use Area DUs Density R-15/CPF-2 MF/CPF 16,3 ac/4,5 ac 464 28.6 DUs/ac R-16 MF 14.5 ac 115 7,9 DUs/ac R-l7 SF 17.1 ac 99 5,8 DUs/ac R-18 SF 10,3 ac 74 7,2 DUs/ac R-19 MF 6,8 ac 204 30,0 DUs/ac R-47/CPF-l/C-l MF/CPF/C 4,4 ac/l.5 ac/8.1 ac 174 39.5 DUs/ac R-48 SF 16,5 ac 97 5,9 DUs/ac 100,1 ac 1,512 Neighborhood R-15/CPF-2 This 16.3-acre site is planned for a multi-family project of up to 408 dwelling units, The plan proposes a floating 4,5-acre CPF site, most likely for a church, The floating designation allows for a combination church/affordable housing project. If only a church is proposed, staff would encourage it to locate on the southeast corner of Santa Andrea and Eas t Palomar Street, A paseo with emergency access will extend along the south side of the neighborhood connecting Neighborhood R-14 with the Village Core. Private access through R-15 is proposed from Santa Alicia. Nei~hborhood R-16 This neighborhood is proposed as a multi-family site at a low density of 7,9 dwelling units per acre in order to facilitate single-family homes served by an alley similar to Neighborhood R-14, The SPA One conditions of approval require any SPA amendments to propose an alley product. Alley products have a strong pedestrian orientation because no garages front on the street, Neighborhood R-l7 This neighborhood expands the development area of Village One along Poggi Canyon as provided for in the recent GDP amendment. The proposal changes the land use from multi-family to single- family, The neighborhood is further from the transit station and outside the l/4-mile radiu s to the station. This change is consistent with the amendments approved last year for McMillin, Neighborhood R-18 Neighborhood R-18 is also proposed as a single-family neighborhood but at a slightly higher density of 7.2 dwelling units per acre, ,. .,.--,--_... --.---...-- .. ._---~_.._._-- Page 5, Item Meeting Date: 2/3/99 Nei~hborhood R-19 This neighborhood remains as a multi-family site and as a target site for the affordable housing location for this Village and Telegraph Canyon Estates, The proposed density of 25 dwelling units per acre will support the transit station. The future project will be oriented toward East Palomar Street and Santa Helena, Nei~hborhood R-47/CPF-I/C-I This neighborhood is the mixed use center of the Village Core, The commercial ground floor frontage along East Palomar Street will provide for the day-to-day needs of the village residents, A multi-story medical office building with a first floor pharmacy is under consideration for the corner of East Palomar Street and Santa Andrea, Nei~hborhood R-48 This single family neighborhood is proposed at a similar density to R-17 at 5,9 DUs/acre. The neighborhood is outside the 1/4-mile service radius of the transit station, Analysis: The proposed amendments to the Otay Ranch SPA One Plan by the Otay Ranch Company focus on Phase Seven (Purple Phase) of Village One and Village One West. The changes to Phase Seven (Purple Phase) deal with changes to the original "Main Street" concept and the expansion of development areas allowed by the recent GDP amendments, The approved SPA One Plan provided a "Main Street" running south from East Palomar Street to the south edge of the village, While a CPF site was planned at the end of the street, there was not a destinat ion for residents of the village, The applicant was concerned that residents would not use the commercial activities since there was nothing to draw them down the street. The applicant proposed to re-orient the "Main Street" to East Palomar Street. The proposal is to orient the commercial uses to East Palomar Street frontage and provide diagonal parking on East Palomar Street with additional parking in the back, The commercial is proposed to be a true mixed use with two to three stories of residential units located above the ground floor commercial. Staff believes that, under the previous plan, "Main Street" did not go to a particular destination, and there would be difficulty drawing residents down the street, while under the current plan, a significant amount of pedestrian activity will occur along East Palomar Street, There are two lanes for traffic so the diagonal parking will not create problems with traffic backing on East Palomar Street. MTDB staff believes there is sufficient density in R-47 to support the transit line. In addition, the applicant is now proposing additional units in R-15 and R-19 to exceed the threshold for transit oriented development. The other major change in Phase Seven (Purple Phase) is the expansion of the development area authorized by the recent GDP amendment that allowed the "taking" of the habitat along the north side of Poggi Canyon. The expansion of the development area allow s for the provision of single- family homes on the south side of the Village Core, The densities are stepped down from the cor e Page 6, Item Meeting Date: 2/3/99 in accordance with GDP policies, The single family areas are outside the 1/4 mile service radius for the transit station, In accordance with the SPA One conditions of approval, an additional area of alley product is proposed for R -16, The multi-family neighborhoods in R-15, R-19 and R-47 will all have public street access, A guarded entrance is proposed on the draft Tentative Map for the single-family homes in Phase Seven (Purple Phase) similar to the single-family neighborhoods on the north side of East Palomar Street. Additional internal access will be provided through R-15 to the other guarded entrance on the south side of East Palomar Street. Issues: Guarded Entrances: The SPA Plan indicates one guarded entrance for Village One on the south side of East Palomar Street. City staff was concerned over the continued use of restricting access to these neighborhoods and took the issue to the Executive Committee, After reviewing the issue the Executive Committee decided to support the applicant's proposal for guarded entrances in Phase Seven to be consistent with the north side of East Palomar Street. All the other SPA One level issues have been resolved to staff's satisfaction for Phase Seven (Purple Phase), Several details of the project need to be resolved at the tentative map level, which staff is continuing to discuss with the applicant. Conclusion for Phase Seven: Staff believes the SPA One amendments for Phase Seven, proposed by the applicant are consistent with the Otay Ranch GDP policies and recommends approval of the amendments, B. Village One West Discussion: The SPA One amendment proposes to add the development area to Village One West, as well as increase the allowable number of dwelling units, densities and development area authorized for Village One West. This portion of Village One is located west of Paseo Ranchero, south of Telegraph Canyon Road, north of the proposed extension of Olympic Parkway and east of the existing Sunbow residential development. East Palomar Street is proposed to be extended through Village One West from Sunbow to the Village One Core, In addition, the proposed future extension of the light rail transit runs through the northern section of Village One West from Telegraph Canyon Road southeast to connect into the East Palomar Street median, This portion of Village One also has multiple ownerships, Village One West, as adopted in the Otay Ranch GDP amendment on November 10, 1998, approved a development area of approximately 237 acres. This amendment authorized 803 single- family residential units and a density of 4,0 DDs per acre, It also provided a 5.0-acre Page 7, Item Meeting Date: 2/3/99 neighborhood park, a lO,O-acre elementary school and open space, The Otay Ranch Company has proposed that the amended SPA One Plan for Village One West include 890 single-family residential units, a lO,7-acre elementary school site, a 5. I-acre neighborhood park, 56 acres of open space and 26 acres of circulation on a total of 296,5 acres. Entry cottages (guard entries) are included at four main entrances to the residential neighborhoods south and north of East Palomar Street. The right-of-way for the light rail transit is reserved through the northern portion of Village One West. The SPA One amendment for Village One West proposes 14 neighborhoods designed for varying densities of single-family residential land use, Neighborhoods R-49A, R-49B, R-50, R-51A, R- 51B, R-52A and R-52B are proposed north of East Palomar Street. Neighborhoods R-53, R-54, R-55, R-56A, R-56B, R-57, R-58, R-59 and R-60 are proposed for south of East Palomar Street, Outparcelland areas under different ownership have been included by The Otay Ranch Company with various single-family residential densities in Neighborhoods R-49B, R-51B, R-52B and R- 56B. The amendment proposes the following densities in each residential neighborhood: Neiehborhood Land Use Area DUs Densitv R-49A SF 15,1 ac. 88 5,8 DUs/ac R -49B(Ross) SF 4.0 ac 27 6,8 DUs/ac R-50 SF 21.5 ac, 86 4,0 DUs/ac R-51A SF 16,9 ac, 66 3.9 DUs/ac R-51B(deGraaf) SF 7,6 ac 27 3.6 DUs/ac R-52A SF 17.1 ac, 66 3.9 DUs/ac R-52B(Ross) SF 1.8 ac 8 3.3 DUs/ac R-53 SF 9,1 ac, 36 4,0 DUs/ac R-54A SF 2,6 ac, 9 3,5 DUs/ac R-54B(Gerhardt) SF 5.2 ac, 28 5.4 DUs/ac R-55 SF 18,7 ac 94 5.0 DUs/ac R-56 SF 14,6 ac 77 5.3 DUs/ac R-57 SF 4,3 ac. 22 5,1 DUs/ac R-58 SF 19.4 ac. 69 3,6 DUs/ac R-59 SF 14,9 ac. 64 4.3 DUs/ac R-60 SF 18.4 ac, 88 4,8 DUs/ac 190,6 ac, 855 In addition to the proposed residential neighborhoods, a IO,2-acre school site (S-3), proposed to be located at the southwest intersection of East Palomar Street and Paseo Ranchero, is designed to accommodate an elementary school with access from East Santa Carina, A 5, I-acre neighborhood park (Park P-13) is proposed to be located south of the East Palomar Street extension at the western boundary of Village One West adjacent to the Sunbow development on the Gerhardt property, ----""..."---_. -...-....-.......--.... .-- ',---, ..- Page 8, Item Meeting Date: 2/3/99 The Otay Ranch GDP policies require Village One West to be compatible with the adjacent Sunbow development, and may differ from the rest of Village One. In addition to adding the Village One West development area to the Otay Ranch SPA One, the amendment includes The Otay Ranch Company proposing to transfer a number of units and increase the land densities approved in the GDP. They propose to transfer 87 units to Village One West from Village One increasing the unit count ttom 803 to 890, The GDP prohibits transfers between villages, but permits transfers within a single village, The Otay Ranch Company has proposed several constraints with the transfer of 87 units to Village One West: . requiring compliance with the GDP landform grading policy; . ensuring impacts ttom Village One to Village One West are mitigated, and; . complying with the GDP policy to ensure that Village One West is compatible with the Sunbow development. Analysis: The proposed amendment adds Village One West to the SPA One Plan and increases the density and lot count from 803 to 890 by transferring 87 units to Village One West from Village One east of Paseo Ranchero, Staff concerns have been concentrated on respecting the Otay Ranch GDP policies for Village One West including: . utilizing landform grading; . maintaining overall residential density, and; . designing Village One West to be compatible with the adjacent Sunbow development. According to the applicant's traffic engineer, the transfer of 87 units from Village One to Village One West does not create any additional traffic impacts that were identified in the Environmental Impact Report (ElR-97-03) certified on November 10, ]998, The traffic counts that would be associated with a transfer of units to Village One West were accounted for in the traffic analysis completed for the entire SPA One, Staff has expressed concerns about this transfer from Village One to Village One West because of the following issues: . Village One West is subject to Otay Ranch GDP landform grading policies, The proposed SPA One amendment increases the development boundaries as provided for in the] 996 GDP amendment. Page 9, Item Meeting Date: 2/3/99 . The west side of Paseo Ranchero has a LM land use classification, not the LMV classification contained on the east side in Village One. The GDP for Village One West was not intended to have Village policies applied with small single-family lot SIzes, . Village One West is intended to be compatible with the adjacent Sunbow development character utilizing larger lots and lower densities. Sunbow has 5,000 and 6,000 square foot lots adjacent to Village One West. Issues: Unit Count and Landform Grading: Staff is concerned with the transfer of a large number of units, increase in density, compatibility to Sunbow and compliance with the General Plan landfonn grading policy (Attachment 5) in Village One West. The Otay Ranch Company has submitted a Tentative Map which proposes 818 lots for Village One West. This tentative map does not include Neighborhoods R-54A or R-54B which have 37 units proposed on the SPA application for a total of 855 in Village One West. They have decreased the unit count from an original application of 853 lots to 818 on the Tentative map in an attempted to address staff concerns on the landfonn grading policy associated with slopes adjacent to Telegraph Canyon Road, Paseo Ranchero, and more importantly, Olympic Parkway. Preserving the natural canyons and slopes is critical to ensure the landfonn compatibility and transition from the adjacent Sunbow development. The current proposed tentative map does not address the landfonn grading policy to staffs' satisfaction, Staff believes there will need to be a further reductions in lots along Olympic Parkway to fully comply with the landfonn grading policy, An additional 10 lots along Olympic Parkway will need to be eliminated from the proposed tentative map to confonn to the policies, Therefore, staff could support 808 units on the Otay Ranch Company's portion of Village One West. With the addition of the 37 units in Neighborhoods R-54A and R-54B, staff supports total unit count for Village One West of 845 instead of the 855 proposed by the applicant. Staffs recommendation will require a transfer of 42 lots from Village One, Guarded Entrances The SPA Plan indicates four guarded entrances for Village One West. City staff was concerned with the continued use of guarded entrances, restricting access to these neighborhoods. Staff took the issue to the City Manager's Executive Committee for review, The Executive Committee supported the guarded entrances in Village One West based on the applicant's desire to keep Village One West similar to Village One, Conclusion for Village One West: Staff believes that the transfer of 52 units will not enable the applicant to comply with the Sunbow compatibility policies, or the landfonn grading policies along Poggi Canyon. Staff would recommend the transfer of 42 units to bring the total unit count for Village One West to 845 single- Page 10, Item Meeting Date: 2/3/99 family units, Compliance with the landform grading policies will determine the number of units on the tentative map, C. Planned Community (PC) District Regulations The PC District Regulations are modified to reflect the Village One - Phase Seven (Purple Phase) revisions and to incorporate the development area of Village One West into the SPA One Plan, The SF4 designation has been applied to the residential uses in Village One West. The regulations reflect a minor revision to the multi-family RM2 Zone parking requirement. Consistent with a revision previously approved for the McMillin Otay Ranch ownership, the parking ratio was reduced from 2,5 spaces per 3 bedroom unit to 2.25 spaces per 3 bedroom unit. This represents a 10% reduction, Because of the transit orientation of the SPA Plan, staff supports the modification, D. Village One West Design Plan A Village Design Plan has been prepared to address the identity and character of the Village One West area, The Otay Ranch GDP provides that Village One West should be compatible with Sunbow and may differ from the character of a transit oriented village. The land use design provides a transition between the Sunbow II development to the west and the transit, pedestrian oriented Village One to the east. Many of the design techniques implemented in Village One are included in the Village One West Design Plan, Single-family homes are arranged in neighborhoods along tree-lined streets. Cul-de-sac designs are incorporated into the community to provide variety along the perimeter ofthe community. There shall be no variation from the City Street Design Standard if any SPA One residential street is approved as public, The Design Plan provides guidelines for perimeter landscaping, entryways, interior streetscapes, non-vehicular circulation, parks, walls, fences and lighting, E. SPA One Parks, Recreation, Open Space and Trails Master Plan The SPA One Parks, Recreation, Open Space and Trails Master Plan is modified to reflect the revised Village One land use plan and to incorporate the Village One West area, One private pedestrian park has been added to the Village One - Phase Seven (Purple Phase). In addition, a 5,1- acre public park has been added within the Village One West area adjacent to the Sunbow elementary school site. F. Affordable Housing Plan The GDP requires the enactment of an Affordable Housing Plan concurrent with the adoption of each SPA Plan. The SPA One Affordable Housing Plan is modified to reflect current circumstances, Specifically, it has been expanded to include Village One West and revised to reflect the change in the number of dwelling units in the Phase Seven (Purple Phase) of Village One, Additionally, the Page 11, Item Meeting Date: 2/3/99 Plan is updated to reflect the McMillin Companies and The Otay Ranch Company Affordable Housing Agreements enacted after the adoption of the initial SPA One Plan. The above changes do not constitute procedural or substantive changes to the initial SPA One Affordable Housing Plan. G. SPA One Public Facilities Finance Plan The SPA One Public Facilities Finance Plan (PFFP) is modified to reflect the revised Village One - Phase Seven (Purple Phase) land use plan and to incorporate the Village One West area into the PFFP. Revisions to Phase Seven (Purple Phase) in Village One are included in the revised PFFP. In addition, the Village One West area has been analyzed and the conclusions included in the revised PFFP. As previously approved by the City Council, the PFFP is based on a non-sequential colored phasing scenario, Threshold standards are not exceeded with the addition of Village One West to the SPA Plan, H. Phase 2 Resource Management Plan (RMP) The SPA One Plan amendments reflect the land use changes in the Village One - Phase Seven (Purple Phase) and adds the Village One West area into the SPA One area, The SPA One Plan amendments implement the Otay Ranch GDP amendments approved by the City Council on November 10, 1998. The GDP amendment reflects land use changes that were contained in the tentative MSCP agreement between the applicant and the resource agencies. I. Resource Preserve Map (Phase 2 RMP, page 3) As part of the agreement between the applicant and the resource agencies relating to the MSCP, the agencies agreed to authorize the disturbance of sensitive habitat in the Poggi Canyon area (Villages One and Two) in exchange for preservation of land within Village 13 and Village 15, The purpose of the proposed amendment is to modify the Preserve map to reflect these changes by adding portions of Village 13 and Village 15 to the Preserve and deleting the Poggi Canyon area fTom the Preserve, The City Council approved the underlying GDP land uses for these amendment on November 10, 1998, 2, Ownership Map (Phase 2 RMP, page 71) The Phase 2 RMP contains an ownership map depicting the major ownerships within Otay Ranch. The map was initially included in the RMP because ownership patterns affect the implementation of various RMP policies, It is proposed that a revised ownership map be included in the Phase 2 RMP to reflect current ownership patterns, 3, CSS Restoration (Phase 2 RMP, pages 74-75,135,139) Page 12, Item Meeting Date: 2/3/99 As part of the agreement between the applicant and the resource agencies relating to the MSCP, the resources agencies agreed that the applicant need not restore CSS as initially required by the GDP and Resource Management Plan, However, ranch-wide resolution of the CSS restoration requirement awaits finalization of the MSCP between the City of Chula Vista and the resource agencies, It is unreasonable to delay implementation of the applicant's project pending resolution of these other issues, The purpose of this amendment is to clarifY that CSS restoration is not a requirement of the applicant's project. 4, Maritime Succulent Scrub (MSS) Restoration (Phase 2 RMP, page 76) As part of the agreement between the applicant and the resource agencies concerning the MSCP, the resource agencies agreed that the applicant may disturb up to 25 acres ofMSS before the GDPIRMP's requirement for MSS restoration is triggered, The ranch-wide resolution of the MSS restoration requirement affecting other property owners is dependent upon finalization of the MSCP by the City of Chula Vista and the resource agencies. However, it is unreasonable to delay consideration of the applicant's project pending resolution of these broader questions. The purpose of the proposed language is to clarifY that, relative to the applicant's property, MSS restoration need not occur until the applicant exceeds the 25-acre MSS threshold. 5. Grazing Prohibition (Phase 2 RMP, page 133) The RMP prohibits cattle grazing within certain areas ofOtay Ranch starting in late 1997 and early 1998 based upon assumption that entitlements and actual development would proceed faster than they actually occurred, Accordingly, the specific time rrame identified in the RMP was misleading, The purpose of the proposed amendment is to tie the prohibition of grazing to a specific entitlement event, the issuance of the first final map. The practical effect of the changed language is negligible since, with or without the clarifYing amendment, grazing is currently prohibited in the areas identified in the RMP, 6, Steep Slope Calculation/Analysis (Phase 2 RMP, pages 162 and 163) The MSCP agreement between the applicant and the resource agencies permitted development within the Poggi Canyon areas (Villages One and Two) and deleted development rrom portions of Villages 13 and IS, The purpose of the proposed amendment is to modify the slope calculations for these villages to reflect the agreement and the GDP amendment recently enacted incorporating the agreement. Additionally, the specific analysis relative to slope impacts and SPA One is deleted because it is out of date. Page 13, Item Meeting Date: 2/3/99 CONCLUSION: Staff believes the amendments proposed for the Village One Core - Phase Seven (Purple Phase) are consistent with the GDP goals, objectives and policies and, therefore, staffrecommends approval of the amendments, Staff does not believe the transfer of all 52 units from Village One to Village One West can be accommodated and meet the policies for compatibility with Sunbow and landfonn grading. However, in staffs opinion 42 units could be transferred and compliance with the policies met. Therefore, staff recommends the amendment to be approved with an overall count of 845 single-family residential units for Village One West. The amendments to SPA One and other supporting documents will need to reflect this change, and staff recommends approval of the documents with the condition that they be updated to reflect the approved number of units. Attachments 1, Locator Map. 2, Village One Land Use Plan 3. Village One West Land Use Plan 4. Otay Ranch SPA One a) Planned Community (PC) District Regulations b) Village One West Design Plan c ) SPA One Parks, Recreation, Open Space, and Trails Master Plan d) SPA One Affordable Housing Plan e) SPA One Public Facilities Finance Plan f) Phase 2 Resource Management Plan 5 Genera] Plan Landform Grading Policy 6. Disclosure Statement (h:\home\planning\otaymch\S 1 WstlTp.doc ) Sunbow ..... /..,/.-- \ "...-,,- \ .~ PROJECT LOCATION I~ Q\..'tAf> Ie PARI\: ' CH U LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Olay Ranch Company PROJECT DESCRIPIlON: C) APf'lICANT: AMENDMENTS PROJECT Otay Ranch Village One Request: Amendments to Olay Ranch SPA One ADDRESS: for Phase 7 and Village One West SCAlE: FILE NUMBER: I NORTH No Scale PCM-97-11 h:\home\planning\carlosllocalors\pcm9711.cdr 1/19/99 ~~ ~s ,....O'"";(J)IX!CONO>Il:I<XIC\lI'--COa;J(\Ie>> MW,....~~M~~~M~~W~~~ "'!"':"'!mC!,,!qo.q O)(J;I~r--:g~~~ '" .5 J! = "2 ~ ~::> .. E ~ t III ~ .. 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E (fJ x w .c o c:: '" (( >- '" 6 !~ j G !~ q . >," ~1~H ~, l~~ Inc:orrect Approach CONveNTIONAL ~'I " ~LD~ IZATI~ / FINGeR CANVOI_ - FILL!D ."~ -" I:IUILDING ~ IN CON"NUOUS UIoWlTICUu:n!D UNa ' f-=-" H _11:1 a.uGWT ....aa-er...MrT"ICIH Land Use Element Figure 1-9 LANDFORM GRADING PLAN CorrectJ Approach ( \\ PlZUelZVATION Of' I!ICIS11NG UNDRXZI.t i \ auHTAN'nAL . \ " SLQfOE """"T1ON Co\II'IQI _NO ~ c:.IH'tQ,I 011 ............. "TIIIC.oIJ_ t ~ t OR~CC_/ I .....-nau...-o _~ NO euvm ~U5 NO CUT OI..CPU 1 1-65 ATTACHMENT 5 TIm C. f OF CHUlA VISTA DISCLOSURE ST. GMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e,g" owner, applicant, contractor, subcontractor, material supplier. Village Development The Otay Ranch, L.P. 2. If any person" identified pursuant to (1) above isa corporation or pannership,list the names of all Individuals owning more than 10% of the shares In the corporation or owning any pannership Interest In the pannershlp. James P. Baldwin Alfred E. Baldwin . 3, If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL N/A 4. Have you had more than $2SO wonb of business transacted with any member of the City stair, Boards, Commissions, Committees, and Council within the past twelve months? Ycs_ NoXX If yes, please indicate person(s):_ 5. Please identify each and every person, including any agents, employees, consultants, or Independent Contractors who you have assigned to represent you before the City In this matter. Kim John Kilkenny Ranie Hunter Robet Cameron James Baldwin Kent Aden Alfred Baldwin 6. Have you and/or your officers or agents, In the aggrerte, contn"buted more than $1,000 to a Councilmember in the current or preceding ejection period? Ycs_ No_ If yes, state which Councilmember(s): Date: January 14, " " · (NOTE: Attach additional pages as D~) · · · _ 1997 ~ / Slgna~ of contractor/applicant (- ) Kim John Kilkenny, Vice President Print or type name of contractor/applicant " I'~~", if deJitrd lIS: "Any indMduoI,Jinn, Cf>-JHU'flD>hip,joinI V<l'1lW<, tISSOCUuion, -W club,fr='''"" ;'""on. COfl'O'.,;on, ............... reca..., JJ)-ndicmc, this and aJ'I)' other COWLI)~ ciIJ' DNl cOIDID)', cir)' municipality, dis1ria. or odtt:r poIilicaJ subdnviOll, or ony olMT group or cDmbinaljon <<ting A1' 1I1lIIiL. ATTACfiE'lENT 6 ~.___._~_.___....._..__._.._".____ "... _'_.._.__~_._n____...._.__ RESOLUTION PCM 97-11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, WHICH INCLUDES THE VILLAGE DESIGN PLAN; PUBLIC FACILITIES FINANCING PLAN; PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AFFORDABLE HOUSING PLAN; AND PHASE 2 RESOURCE MANAGEMENT PLAN, WHEREAS, an application to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning Department on January 14, 1997 by the Otay Project, LLC ("Applicant"); and, WHEREAS, the SPA One Plan Amendment includes changes to Village One, encompasses 200 additional acres west of Pas eo Ranchero, and amends supporting documents; and, WHEREAS, the area west of Pas eo Ranchero (Village One West) is included in the Otay Ranch General Development Plan (GDP); and, WHEREAS, a GDP amendment was processed and approved for Village One West to add single-family units to expand development areas; and, WHEREAS, the SPA One Plan Amendment refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on November 10, 1998; and, WHEREAS, the Planning Commission set the time and place for hearings 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 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 on February 3, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and was thereafter closed; and, WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address enviroumental impacts associated with the implementation of the Project; and, WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula ~~ I ~,'__"_"___'''_,'''_''__'.m ....._.____.__ .,_".____ .____",. _.__. Vista City Council and San Diego Connty Board of Supervisors on October 28, ] 993; the Chu]a Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on March 2], ]995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, ] 996; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures, These findings are not merely infonnational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that City Council adopt the attached draft City Council Reso]ution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 3rd day of February, ]999 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: John Willett - Chair ATTEST: Diana Vargas - Secretary Exhibit Exhibit A - Draft City Council Resolution B:\PC\SPA1-RES.WPD ? 2 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, VILLAGE DESIGN PLAN; PUBLIC FACILITIES FINANCING PLAN; PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AFFORDABLE HOUSING PLAN; AND PHASE 2 RESOURCE MANAGEMENT PLAN. WHEREAS, an application to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City ofChula Vista Planning Department on January 14, 1997 by the Otay Project, LLC ("Applicant"); and, WHEREAS, the SPA One Plan Amendment includes changes to Village One, encompasses 200 additional acres west of Pas eo Ranchero, and amends supporting documents; and WHEREAS, the area west of Pas eo Ranchero (Village One West) is included in the Otay Ranch General Development Plan (GDP); and, WHEREAS, a GDP amendment was processed and approved for Village One West to add single-family units to expand development areas; and, WHEREAS, the SPA One Plan Amendment refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on November 10, 1998; and, WHEREAS, the Planning Commission set the time and place for hearings 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 and its mailing to property owners within 500 feet of the exterior boundaries ofthe property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised on February 3, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and was thereafter closed; and, WHEREAS, the Enviroumental Review Coordinator has prepared a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and, WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula g I . - .--.--..-.....- Vista City Council and San Diego County Board of Supervisors on October 28,1993; the Chula Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on March 21,1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures, These findings are not merely infonnational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Proj ect; and, WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on the SPA One Amendment, which includes the Village Design Plan, Public Facilities Financing Plan, Parks, Recreation, Open Space and Trails Master Plan, and Phase 2 Resource Management Plan. NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, detennine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Final EIR held on August 26, 1998, and their public hearings held on this Project on October 21, 1998, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record ofthis proceeding, These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 97-03, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista, III. CONDITIONS OF APPROVAL The City Conncil does hereby approve SPA One Amendment and associated documents subject to the following attached conditions, 9 2 IV. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS ARE IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendments reflect the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B, THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendments and Public Facilities Financing Plan contain provisions and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan has been updated to include Village One West, and specifies the public facilities required by the Otay Ranch, and also the regional facilities needed to serve it. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One, A neighborhood parkft will be located within the Village One West area to serve the project residents, and the project will provide housing types compatible with Sunbow Master Planned Community, as required by the General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report, V. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City ofChula Vista is directed after City Council approval of this Project to ensure that a Notice of Detennination filed with the County Clerk of the County of San Diego, This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. I " (j 3 VI. ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full. PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this 16th day of February, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City ofChula Vista, California, do hereby certifY that the foregoing Resolution No, was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 16th day of February, 1999. Executed this 16th day of February, 1999, Beverly A. Authelet, City Clerk Exhibits Exhibit A - Conditions of Approval B:\CC\SPAI-RES.WPD (( 4 Exhibit A CONDITIONS OF APPROVAL FOR OT A Y RANCH SPA ONE (Village One, Village One West & Village Five) GENERAL PROVISIONS 1, All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant", 2, If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, 3, Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 4, Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA One Plan, 5, The terms, conditions, and time limits, associated with this SPA shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996, and as amended on October 22, 1996, 6. These conditions of approval apply to all land area located within the boundary of Village One, Village One west of Paseo Ranchero, and Village Five in the Otay Ranch Parcel. This constitutes the entire area of Otay Ranch Sectional Planning Area (SPA) One. ENVIRONMENTAL 7, The Applicant shall implement all mitigation measures identified in EIR 95-01 and 97-03, the Candidate CEQA Findings for this Project (Attachment A) and the Mitigation Monitoring and Reports Program (Attachment B), 8. The Applicant shall comply with all requirement of the Phase 2 Resource Management Plan (RMP) as approved by City Council on 06/04/96, and amended from time to time. 9, The Applicant shall comply with any applicable requirements of the California ,/ ....1 ""---- Department of Fish and Game, the U,S, Department of Fish and Wildlife and the U,S. Army Corps of Engineers, DESIGN 10. The Applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within the Purple Phase (Phase Seven) of Village One and the Grey Phase (Phase Three) of Village Five as shown on the SPA One phasing plan as amended, STREET, RIGHT-OF-WAY AND IMPROVEMENTS 11 , Residential street parkways shall be no less than six feet in width, The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Design Plan and approved by the Director of Planning and Building, and the Director of Public Works, The Applicant shall provide root barriers and deep watering irrigation systems for the trees, The applicant shall comply with the City's policy for Street Tree Improvement Plans, 12. Street cross sections shall conform to those standards contained in the SPA One Plan, All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City from time to time, ("City Design Standards"), Any proposed variation from the City Design Standards which are not addressed in the SPA Plan shall be approved by the City and indicated as a specific waiver on the appropriate tentative subdivision map, The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i,e" cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One, COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Arterial Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class II Collector Village Core Class I Collector Residential Promenade Class III Collector ! .~ _J COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION Core Promenade Residential Village Main Residential Village Plaza Residential Residential A and B Residential Alley Alley Standards 13. The Applicant shall provide a 60 foot wide pedestrian Paseo between Neighborhoods R-8 and R-9, As a condition of approval on the appropriate tentative map, said paseo shall be required to be dedicated to the City at the final map stage, Street improvements will not be required to be installed, but may be required at some future date should it become apparent that vehicular access is needed, 14, As directed by the Director of Planning and Building and the City Engineer, the Applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road, The timing of the construction of said bridge shall be determined as defined by the City in the applicable Public Facilities Financing Plan (PFFP) as amended from time to time, The Applicant shall be solely responsible for the construction of said bridge, 15, In addition to the pedestrian bridge described above, the SPA One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The Applicant shall agree to fund half of the cost of constructing the two pedestrian bridges in accordance with the triggers in the Public Facility Financing Plan (PFFP) as amended from time to time, 16, In the event the Federal Government adopts ADA standards for street rights of way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards, Unless otherwise provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced, 17, Vehicular access shall not be required to EastLake Parkway between the two Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided. Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as not to preclude the option of future provisions of vehicular access should it become necessary. GRADING AND DRAINAGE 18, The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program, ;l 19. The quantity of runoff from the development shall be reduced to an amount equal to or less than pre-development 1 OO-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than pre-development flows, Said retention/detention facilities shall be provided by the Applicant. 20, The Applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan and addendum for Otay Ranch SPA One, Villages One and Five as approved by the Director of Public Works, Said Master Plan shall be consistent with the approved SPA Plan, 21 , Prior to the approval of an amended Tentative Map for any land contained within C,V,T, 96-04, the developer shall obtain the approval of the City Engineer a Grading Study demonstrating that the grading depicted in the amended Tentative Map will generate the necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel located within the subdivision boundaries. This study shall include all the area of Village One and Village Five within C,V,T. 96-04, This study shall incorporate the most recent design information for those facilities, including the findings and recommendations, if available, of CIP Project No, STM 331, Olympic Parkway from Oleander Avenue to SR-125, Said Grading study shall identify the proposed location for stockpiling of fill material. PUBLIC UTILITIES (SEWER, WATER, RECYCLED nCCLAIMCD WATER, WATER CONSERVATION) 22. The Applicant shall provide water and recycled water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Wilson Engineering dated April 1998 or as amended by the Applicant and approved by Otay Water District, The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final "A" map, 23, The Applicant shall pay fees in accordance with applicable City of Chula Vista ordinance(s) or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4, 1996 or as amended by the Applicant and approved by the Director of Public Works. Any amended SPA One Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map (including a final" A" map) for the Purple Phase (Phase Seven) of C.V,T, 96-04, or the first final map (including a final "A" map) for Village One west of Paseo Ranchero, 24. Fund a revision of the Poggi Canyon Sewer Basin Development Impact fee reflecting the approved land uses in SPA One, Said revision shall be prepared by the City, as directed by the City Engineer, and approved by the City Council prior to approval of the first final "B" map within the Poggi Canyon Sewer Gravity Basin, The developer shall not receive credits towards future fees for funding this revision. All cost of revising the Poggi Canyon ~ / \ Sewer Basin Development Impact shall be borne by the developer. PARKS/OPEN SPACE/WilDLIFE PRESERVATION General 25, The SPA One project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PlDO) (Chapter 17,10). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents, local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below), Two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1 ,000 residents) shall be satisfied through the payment of fees, dedication of land, or a combination thereof. 26, All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant, A construction schedule for each proposed public park shall be prepared by the applicant and approved by the Director of Planning and Building prior to the approval of the construction documents. 27, All local parks shall be designed and constructed consistent with the provisions of the Chula Vista landscape Manual and related City specifications and policies, 28, Prior to the approval of the appropriate Final Map, the Applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Director of Planning and Building selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites, The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements, 29, Parks located within guarded communities shall not receive park credit. 30, Pedestrian parks: Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Plan. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Planning and Building pursuant to City wide small park credit criteria which shall be approved by the City Council. 31, Neighborhood parks (turn-key): a, The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Director of Planning and Building, no later than /, '- issuance of the building permit for the 500th dwelling unit, b. The level of amenities required in each neighborhood park shall be determined by the City in conjunction with that park's master plan effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be as described in the PLDO ordinance and the park's master plan as approved by the Director of Planning and Building, The Applicant shall complete construction of the first phase of the neighborhood park as identified in the approved construction schedule, Prior to issuance of the building permit for the 1,1 50th dwelling unit, the Director of Planning and Building shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below, C. At no time shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1,OOO residents, Applicant agrees that the City may withhold the issuance of building permits should said deficit occur, For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and approved by the Director of Planning and Building as being in compliance with park's master plan, but prior to the City's mandatory maintenance period, This condition is not intended to supersede any of the City's maintenance guarantee requirements, d. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. e, The Applicant shall receive reimbursement of P.A,D. fees should they deliver a turn-key facility to the City in accordance with the City-wide park's master plan, 32, Community parks: The Applicant shall pay P,A.D. fees, dedicate land, or a combination thereof, for the Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a turn-key facility has been accepted by the City, Said turn-key facility is subject to the reimbursement mechanism set forth below, a, The first Otay Ranch community park, to satisfy SPA One demand, shall be located in Village Two as identified in the GDP, c, Notwithstanding that the community park requirement (1 acre/1,000 residents) shall be satisfied through the payment of P,A,D, fees, dedication of land, or a combination thereof, the Applicant shall commence construction of the first phase of the community park prior to issuance of the building permit for the 2,650th dwelling unit, The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d, The Applicant shall commence construction of the second phase of the community park prior to issuance of the building permit for the 3,000th dwelling unit. Second I) .,..-.. -"-'._-.....,- ..-', -~--"- .. -,,--_._--~,.._----_.. ----. phase improvements shall include recreational amenities as identified in the City "ide; park's master plan, e. The community park shall be ready for acceptance by the City prior to issuance of the building permit for the 3,900th dwelling unit. f, The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. g. If the City determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP, 33, Community gardens: Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee's and their responsibilities, 34, Water lines shall be stubbed from the nearest water main to the site(s) in order to facilitate development of the Community Gardens. 35, Maintenance of Community Gardens shall be funded by a Home Owner's Association or other funding mechanism approved by the City. AGREEMENTS/FINANCIAL 36, A reserve fund program has been established by Resolution No, 18288 for the Otay Ranch Project, The Applicant shall fund the Reserve Fund as required by the Reserve Fund Program, SCHOOLS 37, The Applicant shall deliver to the Sweetwater Union High School District a 50 net usable acre graded high school site, deemed acceptable to the District, including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 1 ,400th building permit (504 students) or upon written request by the District not prior to 1,400 permits, The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs, 38, The Applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable ~ / / '0 to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs, 39. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs, MISCELLANEOUS 40, As required by the Pre-Annexation Development Agreement with Otay Ranch, LP., (Ord. 2695). the Applicant shall file a master final map which provides for the sale of super block lots (nAn Maps) corresponding to the units and phasing or combination of units and phasing thereof, If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related n A n Map(s). The Applicant shall secure the installation of improvements in a form and amount determined by the City Engineer prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in the conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map, 41, The Applicant shall comply with all requirements and 9uidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan. 42, The Applicant shall secure approval of a Master Precise Plan for the-Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores, 43. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP). the Applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch, The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards, An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP, 44, The Applicant shall include maintenance of Telegraph Canyon channel east of Paseo Ladera in any open space district formed for SPA One on a fair share basis, This includes but is not limited to costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of Engineers permit requirements, 45. The owners of each village, or a portion of village(s), shall be responsible for /'7 retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista, The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan, The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. PHASING 46, Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities, 47, Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer, 48, The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (Le" the development of EastLake III), Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development, In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City, The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision, The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps, CODE REQUIREMENTS 49, The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code, Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision ordinance and Subdivision Manual. 50. The Applicant shall comply with all aspects of the City of Chula Vista Landscape :,~, (J ',-^_. ~ Manual. 51, The Applicant shall comply with Chapter 19,09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City, Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19,09.090), and public facilities finance plan amendment procedures (19,09,100), 52, The Applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City of Chula Vista Resolution 17516 dated June 7, 1994, 53, The Applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if pump stations for sewer purposes are proposed, 54. The Applicant shall enter into an agreement with the City, prior to approval of each final map for any phase or unit, whereby: a, The Applicant agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: (1 ) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached, (2) Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance, b, The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 55. Applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent permit applicable to the property, 56. The Applicant acknowledges its understanding that the City is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing provisions necessary to ensure compliance with adopted threshold standards, In order for the Otay Ranch SPA One Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with the pending amendments to the Growth Management Program and Ordinance in order for the City to approve this Project, Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within SPA One. 57. The Applicant shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve, Each tentative map shall be subject to a condition that the subdivider shall execute a maintenance agreement with the City or its designee stating that it is the responsibility of the tentative map Applicant to maintain the conveyed J..-/ .. '~------"'--"'''"''-'-'''''' """- .----......--- - '-"'---~-"- parcel until the Preserve Community Facilities District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. The applicant shall request to the City Council the approval of the necessary modifications to C.F,D, No. 97-2 (Preserve Maintenance District) to include operation and maintenance services of those areas conveyed to the preserve during development of Village One West, Said modifications to C,F,D, 97-2 shall be completed prior to approval of the first "B" Map for Village One West. VILLAGE ONE WEST Conditions #58 to #71 apply to Village One West GRADING AND DRAINAGE 58. Prior to the approval of the first Tentative Map for any land contained within Village One West, the developer shall submit and obtain the approval of the City Engineer a Grading Study demonstrating that the grading depicted in the Tentative Map will generate the necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel located within the boundaries of said Village One West. This study shall incorporate the most recent design information for those facilities, including the findings and recommendations, if available, of CIP Project No. STM 331, Olympic Parkway from Oleander Avenue to SR-125, Said Grading study shall identify the proposed location for stockpiling of fill material. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 59. Neighborhood parks (turn-key): a. Prior to the approval of the first final map for Village One West, the applicant will enter into agreement with the City to provide Park P-1 3 in the Gold Phase, b, The Applicant shall commence construction of the neighborhood park in Village One West, in a location determined by the Director of Planning and Building, no later than the earlier of either (1) the issuance of the initial residential building permit south of East Palomar Street or (2) at a time necessary to maintain compliance with the requirement that at no time shall there be a deficit in "constructed neighborhood parks" based on the 2 acre/1 ,000 population standard (See Condition #36 (c) above), 60. Community parks: The Applicant shall receive reimbursement of P.A,D, fees, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the park's master plan, The Applicant and the City shall mutually agree on a P.A,D. fee reimbursement schedule for the community park in coordination with the adopted construction schedule, Milestones will be established for partial reimbursement during the construction process, The City may withhold up to 20% of the park construction funds until the park has been completed and accepted, Reimbursement of P,A,D, fees shall include the interest accrued by the City on said P,A,D. fees minus the City's cost of processing and administering this reimbursement program, 61, Trails: The first final "B" map shall not be approved until the SPA One Open Space Landscape Master Plan is approved by the Director of Planning and Building, The Open '\ ". j.,,>'.., Space Landscape Master Plan shall be based upon the Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include, but are not limited to elements such as final recreational trail alignments and phasing, Trail locations shall be shown on the Tentative Map for Village One West. All trails shall connect to adjoining existing trails in neighboring development projects as determined by the Director of Planning and Building, 62, The Community Garden requirement is satisfied in Village One and is not required in Village One West, 63, Open Space: The Applicant shall request of the City Council the creation of a new Community Facilities District (C.F,D,) or annexation to an existing C.F.D. to fund maintenance improvements within Village One West. The District formation or annexation proceeding shall be completed prior to approval of the first final "B" map, AGREEMENTS/FINANCIAL 64. The Applicant shall install Chula Vista Transit facilities within Village One West, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City, The Applicant shall enter into an agreement with the City to fund these facilities, The requirement for said agreement will be made a condition of the first tentative map for Village One West, 65, The Applicant shall request an amendment to the agreement with the City of Chula Vista, prior to approval of the first final "B" map of Village One West, regarding the provision of affordable housing. Said agreement shall be a condition of approval of the first tentative map for Village One West. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable Housing Plan. 66, Prior to the approval of the first "B" Map within Village One West, the applicant shall annex property to the Sweetwater Union High School District (C,F,D, # 6), and to the Chula Vista Elementary School District (C,F,D. #6), or provide some otherfinancing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools, The C,F,D. shall be annexable. 67. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final "B" map within Village One West, to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). 68. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities as defined in the GDP/SRP, should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first final" A" map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment , :., c><"_., J. , -",--_..._._------- --_._-,------.._."-~._.... .~" district formed to finance regional facilities, 69. In order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall complete the following: 1) dedicate to the City the Light Rail Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the approved tentative map; 2) rough grade said LRT alignment as part of the grading for Village One West; and 3) prior to the approval of the first Map (including an "A" Map enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT, SCHOOLS 70, The Applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located in Village One West, prior to issuance of the 4,500th residential building permit (1,350 students), The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs, In the event that the District elects not to use this site, the land use shall revert back to residential land use, 71, Prior to the approval of final "B" Maps within Village One West until such time that the C,F.D. is formed, the levy of special taxes and bonds must be approved by the qualified electors of the C,F,D, and the Chula Vista Elementary School District, and the Sweetwater Union High School District. ,2y RESOLUTION PCM 98-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF THE OT A Y RANCH AMENDED SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, an application for adoption of the Otay Ranch Amended Sectional Planning Area (SPA) One Plan Amendment was filed with the City of Chula Vista Planning Department on January 14, 1997 by the Otay Project, LLC ("Applicant"); and, WHEREAS, the Otay Ranch SPA One Amended Planned Community District Regulations are intended to ensure that the Amended SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for the Eastern Territories, to promote the orderly planning and long tenn phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Amended SPA One Plan to exist in harmony within the community ("Project"); and, WHEREAS, these Amended Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the Amended SPA One Plan; and, WHEREAS, the SPA One Amendment includes several changes involving Village One and Village One West; and, WHEREAS, a GDP amendment was required to process the Amended SPA One, and a GDP amendment was approved by the City Council of the City of Chula Vista on November 10, 1998 to allow the Amended SPA One to be processed; and, WHEREAS, the Amended SPA One refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 23,1993, and amended on May 14, 1996 and November 10,1998; 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 publication in a newspaper of general circulation in the City and its mailing to property owners and tenants 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 on February 3, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, 0(')- 1 WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and, WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993; the Chula Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on March 21,1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein, BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 3rd day of February, 1999 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: John Willett Chair &-6 2 m ___""~__""'_"~"_ ATTEST: Diana Vargas Secretary Exhibit Draft City Council Ordinance B:IPCIORD.RES,WPD ~I 3 --_.. -..----.--..-.---.... --..--.----.-.-..-----.."---,---- DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OT A Y RANCH AMENDED SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (PCM 97-11) WHEREAS, an application for adoption ofthe Otay Ranch Amended Sectional Planning Area (SPA) One Plan was filed with the City ofChula Vista Planning Department on January 14, 1997 by the Otay Project, LLC ("Applicant"); and, WHEREAS, the Otay Ranch Amended SPA One Planned Community District Regulations are intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for the Eastern Territories, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Amended SPA One to exist in harmony within the community ("Project"); and, WHEREAS, these Amended Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Commnnity Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the Amended SPA Plan; and, WHEREAS, the SPA One Amendment includes several changes involving Village One, and Village One West; and, WHEREAS, a GDP amendment was required to process the Amended SPA One, and a GDP amendment was approved by the City Council of the City of Chula Vista on November 10, 1998 to allow the Amended SPA One to be processed; and, WHEREAS, the Amended SPA One refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 23,1993, and amended on May 14, 1996 and November 10, 1998; 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 and its mailing to property owners and tenants within 500 feet ofthe 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 on February 3, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and, I ,2f WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and, WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28,1993; the Chula Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on March 21,1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures, These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Final EIR held on October 21, 1998, their public hearing held on this project on November 3, 1998 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record ofthe proceedings for any California Environmental Quality Act (CEQA) claims, II. ACTION The City Council hereby approves the ordinance adopting the Plauned Community District Regulations for the Otay Ranch Amended SPA, finding that they are consistent with the City ofChula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports their approval and implementation, 2 l~ c:r III. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 97-03, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista, IV. This ordinance shall take effect and be in full force the thirtieth day from its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California this 16th day of February, 1999 by the following vote: YES: NOES: ABSTAIN: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A, Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City ofChula Vista, California, do hereby certify that the foregoing Ordinance No,_ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 16th day of February, 1999, Executed this 16th day of February, 1999, Beverly A Authelet, City Clerk B:\CC\ORDINANC.WPD 3 30 " m___._.,_~._____ ........._.____.___.__._.. ..._.__.., ,'_'__ ~{f? ~~ ~-...::......,;..-..;: ~~~~ CllY OF CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION January 21, 1999 Chair John Willet and Commission Members Chula Vista Planning Commission City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Chair Willet and Planning Commission Members: The Chula Vista Economic Development Commission would like to revisit with you issues that were raised at your joint workshop with Council last year regarding Industrial Land Availability. The EDC has continued to be concerned about the lack of readily "deliverable" industrial sites in our city, as well as with the adequacy of our long-term industrial inventory. Following our workshop in October 1997, and per the direction of Planning Commission and Council members, the EDC established an Industrial Lands Task Force, The Task Force presented Council with a set of recommendations which were approved by resolution [see Attachment 1]. We feel that it is important to discuss these recommendations with the Planning Commission to ensure coordination related to industrial land policy, and specifically to focus on the need to require master plan developers, including EastLake and Otay Ranch, to install industrial related infrastructure early in the development process; i.e. prior to residential phases. The EDC is interested in actively continuing dialogue with both the Planning Commission and the City Council and would like to suggest that a follow-up joint Planning Commission and City Council workshop be held to update you regarding this topic - including significant regional efforts related to industrial land planning and marketing - and to explore related challenges and opportunities facing our City today, In addition to the adopted Task Force recommendations, I have attached related EDC correspondence with Council [Attachment 2], Past correspondence deals primarily with the City's only existing Business Park, EastLake Business Center, and EastLake's request to relocate their Phase II industrial zoning to the "Land 5wap" area southeast of SR125 and Olympic Blvd. Our concern is twofold: 1] the city has no parcels over 2-3 acres in size within a Business Park available for industrial businesses [Phase II could offer large parcels]; and 2J relocating these acres would cut the Business Park in half; we want to ensure that any "replacement" business park be at least 80 - 100 contiguous acres net in size to meet the criteria that industrial site selectors tells us is so important. We appreciate your consideration of these matters. Sincerely, ~/I (1-i: //;'t:{, , t .' d ~ WY~Chair Economic Development Commission cc: City Counci I David D. Rowlands, City Manager Chris 5alomone, Community Development Director Bob Leiter, Planning/Building Department Director Cheryl Dye, Economic Development Manager 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5047 {Ub c/Lnu/lf;- #/ RESOLUTION NO, 19018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INDUSTRIAL LAND TASK FORCE RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT WHEREAS, on October 9, 1997, staff presented a report regarding the lack of adequate industrially zoned land in Chula Vista at a joint Planning Commission/City Council workshop; and WHEREAS, the report addressed the decreasing supply of "deliverable industrial acreage and the increasing industrial demand both in the City of Chula Vista and county-wide; and WHEREAS, the Planning Commission and Council requested that the Economic Development Commission (EDC) establish a Task Force to review the issues discussed at the workshop and that staff and the EDC return to Council with specific recommendations; and WHEREAS, an Industrial Land Task Force was formed, composed of the EDC Chair, the Planning Commission Chair, the Mayor, and 5 EDC Commissioners; and WHEREAS, the Task Force held four meetings and developed the following recommendations: Targeted Industrial Marketing Efforts: 1, Reaffirm existing business attraction, retention, and expansion strategies which currently target biotechnology manufacturers, defense/aerospace firms, import/export firms, and other high growth, high technology companies employing highly paid workers 2. Reaffirm ongoing economic development marketing efforts to attract industrial/R&D developers and users to the following areas currently zoned for industrial: a, High Tech/Biotech Zone at the EastLake Business Center, Phase I and 11; b. Otay Valley Road; and c, Otay Ranch, Village 3 & 18b. Industrial Land Supply: 1, Adopt a policy discouraging the use of industrially zoned land for non-industrial uses and requiring individual applications to convert industrial land, such as General Plan amendments, rezones, or CUP's, to include: a. An industrial development impact analysis; and b, EDC review prior to Planning Commission consideration, as applicable, 2, Reaffirm the City's intent to preserve the High Tech/Biotech Zone by maintaining the existing industrial land use designation in the EastLake Business Center Phases 1 and 2, ......_--- .._---~_._,..- Resolution 19018 Page 2 3. Direct staff to evaluate the existing IR (Industrial Research) zone to ensure the flexibility needed to accommodate new, technology- and information. based industries and to recommend amendments to Council as appropriate, 4, Evaluate the feasibility of applying the IR zone (as amended) as an Overlay Zone to allow for limited R&D/Light Industrial uses within certain commercial areas within the City including, but not limited to: a. EastLake Village Center (including Kaiser site); b. Otay Ranch Eastern Urban Center and Villages 9 and 10 (University site); c, Bayfront (Midbayfront, Port and B,F, Goodrich sites); d, Broadway; e. Town Centre I Project Area; (3rd Avenue); f. Southwest Project Area (Main St.); and return to Council with specific recommendations regarding the use of such Overlay Zones, 5. Direct staff to evaluate land uses citywide to identify potential areas for rezoning to industrial including, but not limited to: a, Otay Ranch Village 2 (only that portion within the 1,000 ft, landfill buffer) and Village 2 west, and report recommendations to Council. Direct staff to evaluate the potential for annexing land to the south or east to provide for additional industrial land inventory and report recommendations to Council. 7. Direct staff to work proactively with developers when negotiating or renegotiating Public Facility Financing Plans, and related phasing requirements at the SPA level, to ensure that improvements serving industrial/R&D areas, including but not limited to transportation-related infrastructure, are provided in the most timely fashion feasible, Fees and Customer Service: 1. Direct the Economic Development Commission to consider approaches the City may wish to take to address Fees and Customer Service and report recommendations to Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the Industrial land Task Force Recommendations, and directs staff to implement, Presented by Approved as to form by ~~ Qc;~ C7 /bhJ M, Kaheny 0 l.9(y Attorney uis Salomone Community Development Resolution 19018 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of June, 1998, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Sh~:~ ATTEST: ~ I ('~, \XI'OJ'^^ () ~~Y / Beverly A. Authelet, Ity J1eru STATE OF CALIFORNIA I COUNTY 0;: SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A, Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No, 19018 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of June. 1998, Executed this 23rd day of June, 1998, J.c Beverly A, Authelet, ( :-.~ --- ~- -""'""'- -.- - ATTACHMENT 2 C11Y OF (HULA VISTA ECONOMIC: DEVELOPMENT COMMISSION September 9,1998 Mayor Horton and Council City of Chula Vis::a 276 Fourth Avenue Chula Vista, CA 91910 Dear Iv\ayor Horton and City Councilmembers: On June 23, the City's Industrial land Task Force presented Council with a set of recommendations re'''ld to the leck of de!iv'2:-a:.:e industria! cr'Jd R&D land in (hula Vista. Council unanimous:y voted to approve our reCOr.lme:uJctior.s (5::= attached). However, at the same me=ting, the Ea..:tLake De'le!opment Company formally presec,ted for the fic;t time a propos,,1 that would allow E2StLake to de.:e'op half of their remaining Business Center _ "pproximately '0 of the remaining 80 acres net - as residential. EostLake proposed "relocating' the 40 acres of industrial zoned land to e!sEwhe:-e within the EcstLake community. Council directed staff to review E25tLake's propes2.! and re~iJrn with an analysis. The City's Ecor,Or.',ic De'le1opment Commission, which formed the T25~ Force, requested that the Task Force reConVE:le to CQr.5;ce~ the EcstLake proposal which it viewed to be in conflict with the Task Force recommendations adopted by Council. The Task Force met on August 24 to consider this rnctter. It migot be he'pful to summarize here the T2Sk Force recommendations th"t related direcJy to the EastLake Business Ce:1te~: 1) "Reafiir;!1 existir,g business attraction, rete:1tion, and expansion strategies which currently tag~t biotech manuf2.c:ure~5... and other high tech compcniesn 2) "Reafiiriil ong'Jing economic deve!opme:1t marketing effor15 to attract industrial!R&D de'le1opers and users to the following areas currently zoned for industrial (including the) High Tech/Bio Tech Zone..." 31 "Adopt 2. policy discaurcging the use af indusLria!!y zoned land for nonindustrial uses." 4) "Reaffirm the City's intent to preserve the High Tech/ Bio Tech Zone by maintaining the existing industrial land use designation in the EastLake Business Center Phases! and II" It is our undecst"oding that Council wished staff to review EastLake's proposal to "relocote" the industrial property e1sewhere in the City. While the concept merited consideration, after Task Force review and discussion with staff, the Task Force wishes to reiterate our recommendation that the Business Center not be "cut up" and reduced, in order to avoid losing the benefits of scale and marketing synergies, Further, it is oUr understanding that staff has reviewed EastLake's specific proposal to "relocate" the industrial zoning to the ..s.....ap property" on the northeost side of SR 125 and Orange, whic~ is cur,e:1t1y planned far residential. This site is loca:ed betvveen future retail and future housing (see mapL Staff found that this proposal presents numerous potential problems, and the Task Force concurs. Among these problems are the following: 1) The poter,tial for neither 40 acre site to be developed for industrial 2) Potenti,,1 delays to the construction of Orang~/Olympic Blvd 3) Pote"ti,,! impaccS upon the development of affordable housing which is currently required within the reside:,t;2.1 "swap propertyll 4) I'-;egotive impacts upon the City's signincant investment in economic development strategies and targeted industry effor'"LS 276 FOURTH AVENUElCHUlA VISTA. CALIFORNIA 91910/(619) 691.5047 5) Concecns repding locating an lso[ated 40 acres oi Industrial um b~tw~~M tl1~ F~;ail 6Mcl F@,jg:;RtielleRcl uses Staffs review also indicated that the proposal would entail maior delavs in the availability of industrially zoned land for targeted hightech users due to: 1) the need for complex processing, including General Plen Amendments and EIR's covering both underlying end (proposed) Overlay zoning, i.e, environmental reviews of both industrial and residential land uses on L~e same parce!s; and . 2) the need to negotiate appropriate de'/e!opment agreeme:1ts. In addition, the Committee fee's that if the EO acre parcel does not remain intact, steff will not only not have the product necessary to market the High Tech/Biotech Zone as previously designed by Council, but that such a move would seriously impair staff's ability to promote the City as a whole in a proper manner, Without prominent, desircole pace!s sucn as this to proactive!y marke~, other properties withIn Chula Vista may not be ab1e to take ad\"arI12ge of opportunities for exposure eithe~. For all of the above reasons, the Task Force would like to strongly recommend thot Council recommit to the recommendations that it approved on June 23, and to make clear its commitment to preserving the Business Center in its entirety, in order to support long.adopted Chub Vista Economic Development Strategies. The Task Force appreciates your attention to this matte~. '~'!~ Z~Pton, I~~t~ial Land Task Force Chair cc: Economic De'lelopment Commission David 0, Rowlands Jr., City Managec Robert Leiter, Director, Planning /Building and Housing Chris Salomone, Director, Community Development Cheryl Dye, Economic Development Manager CITY OF CHULA VIS7A ~\~ :-~:.--: ~=.::-= =- - -- ATTACHMENT 2 ClN OF CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION 5eptember 28, 1998 The Honorable Mayor and Council members City of Chula Visca 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton and Councilmembers: At your meeting on September 22, Council discussed the latest recommendations from the Economic Development Commissi~n's Industrial land Use Task Force. As you know, this Task Force has remained committed to the idea that this city needs as much contiguOL:5 indl!5~ria!ly zoned acreage within a master p!an"ed bcsiness park 2S possible if we are to be a successful P!.2.',.'er in attracting new bUS;:i2SS and local business expansions. Our T25k Force has recommended and continues to recomr.-,enc that the City preserve the remaining 80 acres of contiguous land at our only upscale Business Park - Eastlake Business Center - in order to have a viable chance of anracting the kind o( businesses that our adopted Economic Development Strategies have tarse'ed. We appreciate the landowner's concerns regarding the economic implica!ions of their property's land use. However, OUf concern, 25 we believe is Council's, is simply this: What is the best (or the future economic well-being of our city? Task Force members are aware that at your September 22 meeting, you pe:mitted EastLake Deve!opment to have another 30 days to Cieate an alternate proposal. \Ne submit to you that we have grave concerns about continuing delays by the landowner. This issue has been on the table since the Joint Counci1lPlanning Commission \Norkshop (1np vpar 212'0. At that time, the EDC recommended that Council reaffirm their commitment to the High Tech Zone and to preserving the entire EastLake Business Center in taG; the landowner indicated concerns about a lack of demand in Chula Vista, Since that time the City has attracted Raytheon, Solar Turbines, a:"',d other companies, and EastLake's Phase I of its Business Center has virtua1!y sold out. The Task Force and staff need a final resolution without further delays. We urge Council to require EastLake to bring this issue to closure. We urge Council to not accept (urther delays, We have had a very real window of opportunity for the past year to attract desirable, job creating companies to EastLake - an opf.iortunity that had been planned for by Council, staff, the EDC, Task Forces, 'elc in conjunction with EastLake in the previous "dry" years. The City networked and marketed the High Tech ZJr.e extensively, achieved a grEat deal of recognition, and positioned ourse!ves to me:::t future demand. In the last y-:::arl v..e have had several businesses express interest in EastLake. But when push came to shove we have not been able to deliver because the property \fI..as not and is not on the market (example: Siosite \fI.'as interested in 30 acrES for a manufacturing plant; they were turned away) That window may close with our city being len behind if we continue the delays, As of this time, if a major economic development project expr.:;ssed inte;2st in EastLake, land would not be available. The:-.:; is no point in continuing to market what we don't have. We do not have a "High Tech Zone" until the landowner makes tr..:; land available and becomes a willing and active partner with the City and staff. We ne'2d Council's final determination regarding what direction that you want the Economic Development Commission and staff to pursue. If we don't have enough land and land that is readily available for sale and development, then the City's existing economic development strategies and related business attraciion and marketing activities need to change dramatic:.!ly. We respectfully seek your guidance and policy direction on this matter, lsincerel~-f. ,./J ~ ~I Compton '! ~ Chair, Industrial land Task Force K~~~tf- ~uss Hall Industrial land Task Force cc: David D. Rowlands, Jr., City Manager George Krempl, Deputy City Manager Chris Salomone, Director of Community Development Robert leiter, Director of Planning/Building Cheryl L. Dye, Economic Development Manager ~~f? ~ - - -- ~- -- (ilk.. c/l.l7u..!dJ #:1- ON OF CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION January 21, 1999 The Honorable Mayor and Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92101 Dear Mayor and Council: On behalf of the Economic Development Commission I would like to thank you for your consideration of our past communications related to the lack of readilv deliverable Chula Vista industrial sites. We continue to feel strongly that this issue needs to be raised to a high level of attention. To date we have specifically pointed your attention to the City's only existing Business Park - EastLake Business Center - and the importance of maintaining the entire business park in its current contiguous 200 acre configuration and for encouraging EastLake to make the property available for sale. Regional and local "experts" emphasize the need for larger sized parcels for high tech manufacturing companies, and for a "critical mass" of land which offers developers the economies of scale needed to finance a quality business park, The "experts" tell us that 80 - 100 acres is the minimal desirable size; 200 - 300 acres and above is even more desirable. As you know, EastLake has informed the City that they are not marketing the second undeveloped phase of their existing business park (approximately 100 acres). they have also indicated that they will be asking the City to reevaluate their request to "relocate" their industrial zoning elsewhere in the City as part of their future EastLake III Plan and ElR submittal. We want to ensure that Council understands the following implications: 1) The City is currently unable to provide sites larger than a few acres to business prospects (all others are either improperly zoned, contaminated, or not for sale). We literally have brokers telling us they cannot find sites for their clients in Chula Vista. 2) Availability of deliverable EastLake industrial property could be delayed for an undetermined period of time, depending upon any number of factors related to the processing of the EastLake III Plan and EIR. 3) It appears at this point that no more than 40-50 contiguous acres are available at the Land Swap area, which is the area EastLake has proposed for its "relocated" Phase II of its Business Park. The EDCs recommendation that was approved by Council established a policy to maintain the EastLake Business Center's conti~uous 200 acres. The EDC would respectfully recommend that at a minimum, any "relocated" industrial area include at least 80 acres net of contiguous lands. We would like to encourage Council and the City Manager to meet with EastLake to work towards resolution of their specific issues. It is critical that both the City and EastLake commit to fasttracking this process if the City is to be able to' offer industrial sites. ' We also would like to reinforce our recommendations that Council proactively evaluate how other properties can be encouraged to come on line (Le. be properly zoned, be cut on the market for sale. and be imc'roved with needed infrastructure), We are forwarding a letter to the Planning Commission informing them of our hope that they will take these issues into consideration as they are considering entitlements for 276 FOURTH AVENUElCHULA VISTA. CALIFORNIA 91910/(619) 691.5047 The Honorable Mayor and Counci I January 21, 1999 Page 3 the large masterplanned projects, in particular, the Otay Ranch. We hope that the Planning Commission and Council ensure that industrial areas are improved and marketed early in the development of the overall communities as opposed to being left dormant indefinitely, With residential growth booming, this becomes increasingly important to preserve a critical jobs/housing balance. Finally, it is our understanding that the SDEDC is looking for industrial land of up to 1,000 acres for a new high tech/biotech business park. We think the City should evaluate options for "throwing our hat into the ring." We suggest that Council hold a Workshop on "Employment Lands" as a follow-up to the workshop held with the Planning commission over a year (see attached letter to the Planning Commission), The EDC would be happy to facilitate inviting appropriate "expert" participants. Again, we genuinely appreciate your attention to these matters. Sincerely, ~:;"f!ft~ Economic Development Commission cc: Planning Commission David D. Rowlands, Jr., City Manager Chris 5alomone, Director of Community Development Robert Leiter, Director of Planning/Building Cheryl L. Dye, Economic Development Manager CITY OF CHULA VISTA