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HomeMy WebLinkAboutAgenda Package - PCR_Oct12_2022 Date:Wednesday, October 12, 2022 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live: www.chulavistaca.gov/boardmeetings Welcome to your Planning Commission Meeting PUBLIC COMMENTS: Public comments may be submitted to the Planning Commission in the following ways: In-Person comments during the meeting. Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment: Visit www.chulavistaca.gov/boardmeetings and locate this meeting. Click on the comment bubble. Click on the item you wish to comment on, then click on "Leave comment." The commenting portal will close one hour before the meeting. All comments will be available to the public and the Planning Commission. If you have difficulty submitting eComments email your comments to PC@chulavistaca.gov. • Mail or email comments. Submit comments via email to PC@chulavistaca.gov or by mail to Planning Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • HOW TO WATCH: Live stream and recorded video of the meeting is available at www.chulavistaca.gov/boardmeetings. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Planning Commission meeting by contacting the Development Services Department at PC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Chair. Five minutes* for specific items listed on the agenda• Three minutes* for items NOT on the agenda (called to speak during Public Comments)• A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. • *Individuals who use a translator will be allotted twice the amount of time. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, and Chair Zaker 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 2022-10-12 PC Agenda Page 2 of 13 6.1.Consideration of Application to Approve a Tentative Map Time Extension Within Otay Ranch Village 4 4 Environmental Notice: The Tentative Map was adequately covered in previously certified Final Environmental Impact Report (EIR17-0001/Sch No. 2016041080) for the Otay Ranch Village Four SPA Plan. Recommended Action: Adopt a Resolution Approving the Requested Tentative Map Time Extension for the Otay Ranch Village 4 Project. 6.2.Approval of Meeting Minutes 10 Recommended Action: Approved the minutes of September 14, 2022. 7.DIRECTOR'S REPORT 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on October 26, 2022 at 6:00 p.m. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review by contacting the Development Services Department at pc@chulavistaca.gov. 2022-10-12 PC Agenda Page 3 of 13 v . 0 0 1 P a g e | 1 October 12, 2022 ITEM TITLE Consideration of an application to approve a Tentative Map time extension located within Otay Ranch Village 4 Location: The project is located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the Southwest “Otay Ranch Village 4 Project” Environmental Notice: The Tentative Map was adequately covered in previously certified Final Environmental Impact Report (EIR17-0001/Sch No. 2016041080) for the Otay Ranch Village Four SPA Plan. Recommended Action Adopt a Resolution approving the requested Tentative Map time extension for the Otay Ranch Village 4 Project. SUMMARY Otay Valley Quarry, LLC (the “Owner”), is requesting a time extension of approved Tentative Map CVT# 15- 03 for an additional two years commencing from November 25, 2022, under Chula Vista Municipal Code (CVMC) Section 18.12.190. HOUSING IMPACT STATEMENT Housing units will be added within the City when the Final Map is recorded, and development occurs consistent with the adopted Sectional Planning Area (SPA) document for Otay Ranch Village 4. The action of extending the Tentative Map itself will not construct housing units. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Tentative Map was adequately covered in previously certified Final Environmental Impact Report (EIR17-0001/Sch No. 2016041080) for the Otay Ranch Village Four SPA Plan. Thus, no further environmental review is required. DISCUSSION Otay Valley Quarry, LLC (Owner), the developer of a residential development project located within a portion of Otay Ranch Village 4 on approximately 166-acres (the “Project”) within the City of Chula Vista (City) received approval for Tentative Map [(PCS-15-03) (Tentative Map)], on May 25, 2018. 2022-10-12 PC Agenda Page 4 of 13 P a g e | 2 The approved Tentative Map was originally due to expire on May 25, 2021. However, the expiration date was thereafter automatically extended for an additional 18 months pursuant to Assembly Bill 1561 (as codified in part in Government Code Section 65914.5). Assembly Bill 1561 extended the life of "housing entitlements" that were (a) issued and in effect prior to March 4, 2020, and (b) set to expire prior to December 31, 2021, as reflected in Government Code Section 65914.5(b). Under AB 1561, an automatic 18- month time extension was granted to housing entitlements that fall within these timeframes. Housing entitlements are defined as approvals, permits, or other entitlements, including vesting tentative maps issued by a local agency for a housing development project [Government Code Section 65914.5(d)]. The Tentative Map falls within the definition of a housing entitlement issued and in effect prior to March 4, 2020 and was set to expire prior to December 31, 2021. Therefore, the Tentative Map was automatically extended for an additional 18 months commencing from the original expiration date of May 25, 2021, to November 25, 2022. The Owner has expended a great deal of money and time processing the various grading and improvement plans with the City. However, the effects of the pandemic on the economy, along with the disruption to the delivery of various services, have made it impossible to complete the Tentative Map before its current expiration date. Granting such an extension would support the construction of housing development projects in the context of a state-wide undersupply of housing. For the reasons described above, the Owner, on August 25, 2022, submitted an extension request pursuant to CVMC Section 18.12.190 to extend the expiration of the Tentative Map for an additional two years commencing from November 25, 2022, to November 25, 2024. The Tentative Map remains consistent with the City’s General Plan, Zoning Ordinance, and the policies, and standards that were in place at the time of the Tentative Map’s original approval. Also, there have been no changes to the Tentative Map. CONCLUSION The Director of Development Services has determined that a noticed public hearing is not required since there have been no changes to the Tentative Map. Therefore, Staff recommends that the Planning Commission approve the requested map extension. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT There are no current year or ongoing fiscal impacts to the General Fund or Development Services Fund as a result of this action. All costs incurred processing this application are borne by the applicant. 2022-10-12 PC Agenda Page 5 of 13 P a g e | 3 ATTACHMENTS 1. Location Map 2. Planning Commission Resolution Staff Contact: Boushra Salem, Principal Civil Engineer, Development Services Department Laura C. Black, AICP, Interim Development Services Director 2022-10-12 PC Agenda Page 6 of 13 2022-10-12 PC Agenda Page 7 of 13 Attachment 2 RESOLUTION NO. 2022-008 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A TENTATIVE MAP TIME EXTENSION LOCATED WITHIN OTAY RANCH VILLAGE 4 WHEREAS, Otay Valley Quarry, LLC (the “Owner”) Owner of a residential development project located within Otay Ranch Village 4 (the “Project”) within the City of Chula Vista (City) received approval from the City for Tentative Map [(PCS-15-03)] (Tentative Map), on May 25, 2018; and WHEREAS, the approved Tentative Map was originally due to expire on May 25, 2021; and WHEREAS, under Assembly Bill (AB) 1561, an automatic 18-month time extension was granted to housing entitlements that fall within the subject timeframes. Housing entitlements are defined as approvals, permits, or other entitlements, including vesting tentative maps issued by a local agency for a housing development project, consistent with Government Code Section 65914.5(d); and WHEREAS, Assembly Bill 1561 extended the life of "housing entitlements" that were (a) issued and in effect prior to March 4, 2020, and (b) set to expire prior to December 31, 2021, consistent with Government Code Section 65914.5(b); and WHEREAS, the Tentative Map falls within the definition of a housing entitlement issued and in effect prior to March 4, 2020, and was set to expire prior to December 31, 2021; and WHEREAS, the Tentative Map was automatically extended for an additional 18 months commencing from the original expiration date of May 25, 2021, to November 25, 2022; and WHEREAS, the Owner is requesting approval of a time extension of the approved Tentative Map CVT# 15-03 for an additional two years commencing from November 25, 2022, pursuant to Chula Vista Municipal Code (CVMC) Section 18.12.190; and WHEREAS, the Tentative Map remains consistent with the City’s General Plan, Zoning Ordinance, and the policies, and standards that were in place at the time of the Tentative Map’s original approval, and there have been no changes to the Tentative Map; and WHEREAS, the Director of Development Services has determined that a public hearing is not required since there have been no changes to the Tentative Map; and WHEREAS, the Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has and has determined that the Tentative Map was adequately covered in previously certified Final Environmental Impact Report (EIR17-0001/Sch No. 2016041080) for the Otay Ranch Village Four Sectional Planning Area (SPA) Plan. Thus, no further environmental review is required. 2022-10-12 PC Agenda Page 8 of 13 PC Resolution No. 2022-008 Date 10/12/2022 Page 2 NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby adopt the Resolution approving the Tentative Map time extension. Presented by: Approved as to form by: _________________________ _____________________ Laura C. Black, AICP Glen R. Googins Interim Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this _____ day of ____________ 2022, by the following vote, to-wit; AYES: NOES: ABSENT: ABSTAIN: _________________________ Max Zaker, Chair ATTEST: ________________________ Patricia Salvacion, Secretary 2022-10-12 PC Agenda Page 9 of 13 1 REGULAR MEETING OF THE PLANNING COMMISSION Meeting Minutes September 14, 2022, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Vice Chair De La Rosa, Commissioner Milburn, Commissioner Torres, Chair Zaker Absent: Commissioner Burroughs Also Present: Deputy City Attorney Shirey, Secretary Salvacion, Mariluz Zepeda, Laura Black Others Present Planning Manager Philips, Principal Planner Corley _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Planning Commission of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Salvacion called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Commissioner De La Rosa led the Pledge of Allegiance. 4. PUBLIC COMMENTS None. 5. PUBLIC HEARINGS 2022-10-12 PC Agenda Page 10 of 13 2 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice. 5.1 Consideration of a Conditional Use Permit to Install a New Wireless Telecommunication Facility at an Existing Commercial Center in the Eastlake II Specific Plan located at 851 Showroom Place Moved by Vice Chair De La Rosa Seconded by Milburn Conduct a public hearing and adopt a resolution approving a Conditional Use Permit (CUP) for a new Wireless Telecommunication Facility (WTF) consisting of a 55-foot mono-broadleaf tree at an existing commercial center, based on findings and subject to conditions contained therein. Result:Carried 5.2 Design Review for a 108,205 square-foot concrete tilt-up industrial building on a 7.51-Acre site in the PA-3 Zone of the Otay River Business Park (ORBP) Specific Plan located at 2855 Faivre Street. Moved by Vice Chair De La Rosa Seconded by Torres Conduct a public hearing and adopt a resolution approving Design Review Permit No. DR21-0009 for the construction of a one-story, 108,205 square-foot industrial building. Result:Carried 5.3 Design Review Permit for Escaya II Apartments, 218 multi-family units on an 8.3-acre site. South of Heritage Road, east of Paseo Cultura, and north of Corte Nueva in Otay Ranch Village Three (Parcel A of Map 16160, R-19 of CVT20-0004). Moved by Vice Chair De La Rosa Seconded by Torres Conduct a public hearing and adopt a resolution approving a Design Review permit for the project, based on findings and subject to conditions contained herein. Result:Carried 2022-10-12 PC Agenda Page 11 of 13 3 5.4 Design Review Permit and Conditional Use Permit for Life Time Fitness, an 85,000 Square Foot athletic resort, associated amenities, and parking on a 7.5-acre site. Moved by Torres Seconded by Milburn Conduct a public hearing and adopt resolutions approving Design Review Permit (DR) DR22-0001 and Conditional Use Permit (CUP) CUP22-0002 for the project, based on findings and subject to conditions contained herein. Result:Carried 6. ACTION ITEMS 6.1 Approval of Meeting Minutes of June 22, 2022 Moved by Torres Seconded by Milburn Approve the meeting minutes of June 22, 2022. Result:Carried 6.2 Selection of Chair and Vice Chair for Fiscal Year 2022-2023 The commission elected Zaker as Chair and De La Rosa as Vice-Chair for the Fiscal Year 2022-2023. Moved by Torres Seconded by Milburn Result:Carried 6.3 Discussion of the Annual Report of Activities and authorize the Chair to work With staff to finalize and submit The commissioners requested that the item be continued at the meeting of September 28, 2022. 7. DIRECTOR'S REPORT 8. CHAIR'S COMMENTS 9. COMMISSIONERS' COMMENTS 2022-10-12 PC Agenda Page 12 of 13 4 10. ADJOURNMENT The meeting was adjourned at 7:33 p.m. Minutes prepared by: Patricia Salvacion, Planning Commission Secretary _________________________ Patricia Salvacion, Secretary 2022-10-12 PC Agenda Page 13 of 13