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HomeMy WebLinkAboutPlanning Comm Rpts./1995/11/15 (4) PLANNING COMMISSION AGENDA STATEMENT Item~ Meeting Date: November 15. 1995 ITEM TITLE: Public Hearing: PCM 95-09; Consideration of six General Development Plan Amendments to the Otay Ranch General Development Plan. Six amendments to the Otay Ranch General Development Plan (GDP) have been proposed by the applicant and are being recommended by City staff, Two of the amendments address processing requirements for the first Sectional Planning Area (SPA). The other four address text amendments to clarifY GDP language and requirements, The amendments are indicated in this agenda statement by strikeouts and undrlining. ISSUES: There are no unresolved issues between the project applicant and City staff RECOMMENDATION: That the Planning Commission conduct the Public Hearing on the proposed amendments (PCM 95-09) to the Otay Ranch General Development Plan, close the hearing and direct staff to prepare a resolution recommending to the City Council approval of the General Development Plan Amendments. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: During the processing of SPA One, the SPA One Applicant and Project Team identified several areas of the existing Otay Ranch General Development Plan that required amendments. I. Master Planned Villages The GDP Land Use Plan Implementation Section, page 113, requires: "Each village must be master-planned as a unit" The applicant has applied to amend the Otay Ranch GDP to delete this requirement from the plan because they do not wish to seek SPA level approvals for the area located west of Paseo Ranchero at this time The area is separated by Paseo Ranchero, an arterial road, and contains coastal sage scrub habitat, which would be avoided at this time. PCSRGDP2.DCO 1lI8/95 Page 2, l1em .1 Meeting Date November 15. 1995 Staff believes the language proposed by the Applicant is too broad and should be scaled back to apply only to those areas where there exist some rationale for permitting planning separate from the remainder of a designated village or planning area. Staff has identified three areas of the GDP Land Use Plan map where it would be appropriate to amend the GDP to enable these areas to develop separate from the village in which they are located. . The Inverted 'L": The Inverted 'L"is part of Village 14 in Proctor Valley. This area is recommended to be included in the City's Sphere of Influence area since it relates more topographically to the existing City than to Proctor Valley. Thus, it is reasonable to assume that it will be planned separate from the rest of Proctor Valley. . West of Pas eo Ranchero: Areas of Village Two and Village One are located west of Paseo Ranchero and are separated ITom the Village Core by arterial streets. Those areas relate more to master planned communities to the west (Sunbow) than to the villages in which they are located. This area also contains coastal sage scrub habitat which could be avoided with the amendment. . Ranch House: The Ranch House property (Mary Patrick Estate) is part of Village 13 in the GDP. However, this area is adjacent to the north and south of the EastLake projects and is physically separated from Village 13. , It is recommended that the GDP be amended as follows (page 113): 'Each village must be master-planned as a unit, except for the areas of Village One and Two west of Paseo Ranchero. the Inverted 'L" and the Ranch House propertv. which shall each have their own SPA Plan approved prior to development of the remainder of the village or planning area." 2. Agricultural Irrigation The GDP policies prohibit an increase in irrigation for farming purposes. The proposed GDP amendment would allow irrigation if authorized by the Preserve Owner/Manager. It is recommended that the GDP be amended as follows (page 384): 'No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved by the Preserve Owner/Manager. " There is no apparent rationale for the irrigation prohibition within any of the Otay Ranch documents. There are opportunities for nursery and truck farm operations on the Otay Valley parceL Each SPA is required to address potential conflicts between urban development and agricultural uses as part of the SPA agricultural plan, Staff recommends that the Preserve Owner/Manager be given the discretion to determine if additional irrigated farm land is appropriate for Otay Ranch. PCSRGDP2.DOC 11/9/95 Page 3, Item 1. Meeting Date November 15. 1995 3. Practical Use of Solar Energy Systems The Otay Ranch Program EIR Findings of Fact provide that SPA plans must incorporate "solar heating to heat water for domestic uses and for swimming pools" (page 119). The project applicant has proposed that this standard be modified due to practical limitations of solar energy systems. The limitations of using passive solar water heating were reported in the 1992 Energy Technology Status Report prepared by the California Energy Commission, The report concludes that those obstacles include high capital costs, loss of tax incentives, lack of suitable sites, adverse structural requirements, aesthetic impacts of equipment, poor public opinion of solar systems and lack of manufactures and suppliers In addition, participants in the drafting of the 179-page Findings of Fact recall that the reference to domestic water heating was to be deleted from the Findings. However, an inadvertent drafting error left the language in the text The following amendment to the GDP would repair the mistake. This change would not result in altering the determination of significance in the GDP EIR. It is recommended that the GDP be amended as follows (page 393): Use solar energy systems, as practical 4. Transit Policies This amendment addresses two issues: flexibility of transit alignments and the appropriate time to dedicate transit rights-of-way, SP A One realigns the light rail transit through Village One from the GDP alignment The Village Cores are conceptually located on the GDP land use maps and are more precisely located on the SPA One land plan, The transit stations are planned in the center of the Village Core, The new alignment is proposed to run from Telegraph Canyon Road up to Palomar Street in the area west of Pas eo Ranchero in order to serve the Village One Core. The GDP Village Core policies indicate the cores are conceptually shown on the land use map and are allowed to shift based on more detailed studies. The same flexibility for transit alignment is not clear in the Land Use and Mobility chapters. The proposed amendment allows the transit alignment to shift based on the village core policies. In addition, there is a technical problem with the reservation and dedication requirements of the SPA. Right-of-way is dedicated at the final map stage. Dedication at the tentative map stage could only be accomplished by a grant of easement for right-of-way Dedication at this stage is premature since the final map and improvement plans need to be coordinated and consistent The recommended amendment requires transit line dedication a condition of tentative map approval. It is, therefore, recommended that the GDP (page 102) be amended as follows: PCSRGDP2DOC 11/9/95 Page 4, Item .1 Meeting Date November 15. 1995 Each village is planned to facilitate alternative methods of transportation, The land use and circulation patterns of urban villages are organized around transit service and facilities. A significant alternative means of transportation is the trolley system. Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: . Transit line rights-of-way shall be reserved approximatelv located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve . Trolley stops and/or stations shall be reserved approximately located at the SP A level and irrevocably offered will be conditioned for dedication at the Tentative Map level within village core areas. The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes of transportation: . A 25-foot transit right-of-way shall be reserved approximately located at the SPA level and irrevocably off.<:red will be conditioned for dedication at the Tentative Map level within Village Entry Streets designated as transit routes. . Because the GDP/SRP village core locations are conceptually located on the Land Use Map and are to be approximately located at the SPA level consistent with the GDP/SRP g:oals. obiectives and policies. the transit line alignment on the Land Use Map mav also shift to serve the village core based on an analysis required bv the village core policies, Precise transit alignment will be determined with the preparation of final maps and improvement plans In addition, it is recommended that the GDP (page 234) be amended as follows: Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system. Policy Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and Nine, the Park and Ride and the Eastern Urban Center...Th~J!ghL rail transit alignment shown on the GDP/SRP Land Use Map is conceptual and will be more precisely located at the SPA level of planning. PCSRGDP2.DOC 11/9/95 Page 5, Item .1 Meeting Date November 15. 1995 5. Residential Noise The GDP EIR Findings of Fact prohibits residential development in noise impact areas unless the specific noise studies indicate exterior noise levels can be mitigated to 60 CNEL or below The applicable Chula Vista standard is 65 CNEL. The GDP Program EIR does not explain why a different standard was proposed. Upon further review, it is apparent the standard should have been set at the City's current standard of65 CNEL. It is, therefore, recommended that the GDP be amended as follows (page 340): Policy Residential development shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to W- CNEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below 6. Habitat Noise Mitigation The Otay Ranch Program EIR disclosed significant unavoidable impacts to riparian vegetation that is potential habitat for the federally endangered least Bell's vireo According to the Program EIR, the San Diego Association of Governments in a 1989 study theoretically estimated that the noise levels above 60 dBA L,q in vireo breeding areas may impact the reproductive success of this species during their breeding season which occurs from March 15 to September IS. The EIR disclosed that in an area where major roadways are located or construction will be undertaken in close proximity to least Bell's vireo habitat, mitigation below a level of significance may not be possible. There is no least Bell's Vireo habitat within or adjacent to SPA One that would be affected by construction noise. However, the Findings of Fact adopted by the City in conjunction with Program EIR 90-01 establish a requirement that noise impacts to Least Bell's Vireo and California Gnatcatcher habitat shall be mitigated to achieve a level of 60 dBA Leq or below According to the Study, 'Effects of Traffic Noise on Songs and Associated Behavior of California Gnatcatchers" (Awbrey, 1993), there is no biological justification for requiring mitigation for any human activity that generates an A-weighted sound pressure level of 60 dB, which is below that generated by most animals, The SPA One EIR agenda statement indicated mitigation measures to reduce the noise impacts are infeasible, the standard should be deleted and overriding considerations adopted, It is therefore recommended that the GDP be amended as follows (page 340): Impaets to Least Bell's Vireo and California Gnateatcher habitat shall be mitigated to achie','e a level of 60 clBf. Leq or belo..." Attachments I. General Development Plan Amendments 2. Diselosure Statement PCSRGDP2.DOC 11/9/95 OT A Y RANCH GENERAL DEVELOPMENT PLAN AMENDMENT MASTER PLAN VILLAGES Chapter 1 Land Use Plan Section E Implementation I. Introduction Page 113 Each village must be master-planned as a unit, except for the areas of Village One and Two west of Pas eo Ranchero, the Inverted "L", and Ranch House property which shall have their own SPA Plan approved prior to development of the particular area" TRANSIT ALIGNMENT Section D Land Use Design, Character and Policies I. Village Definition and Organization Page 102 f Transit Policies Each village is planned to facilitate alternative method of transportation. The land use and circulation patterns of urban villages are organized around transit service and facilities A significant alternative means of transportation is the trolley system, Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: . Transit line rights-of-way shall be reserved approximatelv located at the SPA level and irrevooably,effered,will be conditioned for dedication at the Tentative Map level within Villages 1, 5, 6, 9 and 12. . Trolley stops and/or stations shall be reserved !!P'p[Q",im<!1~!y,JQ,r;,<!1~~Lat the SP A level and irrevooalblY"Bffereouwill be conditioned for dedication at the Tentative Map level in village core areas GDPTRi\NS.DOC~---.1118/95 1 The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes of transportation: . A 25-foot transit right-of-way shall be reserved , approximately located at the SP A level and irrevQcablyuoffered will be conditioned for dedication at the Tentative Map level within Village Entry Streets designated as transit routes. . 5ince the GDP/SRP village core locations are conceptually located on the La!l~LUseuMaPn<!,mLa[entouheuaPP[Q~im<!telyJo.s:aJeci,HJ,henSPAJeYeLG,OD.sisteD.t with the GDP/SRP goals. obiectives and policies. the transit line alignment on the Land Use Map may also shift to serve the yillage core based on an analysis required by the village core policies, Precise transit alignment will be cieteImil1eQuY'ithJheuPIepamtiQ,l1uQffim!.mapsa!l,QjmPIQ,yeme!lLpla!1s, Chapter 2 Mobility Section B Goals, Policies, and Objectives Trolley System Page 234 Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system, Policy: Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and 'Nine, the Park and Ride and the Eastern Urban Center. The light rail transit alignment shown on the GDP/SRP Land Use Map is conceptual and will be more precisely located at the SPA level of plm:mil1g FARMLAND IRRIGATION Chapter 10 Resource Protection, Construction, and Management Page 384 8. Resource Preserve - Interim Land Uses GDPTRANS.DOC_-~nl1/8!95 2 Policy: Existing agricultural uses, including cultivation and grazIng, shall be permitted to continue as an interim activity only where they have occurred historically and continually, No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved by the Preserve OwnerlManager Grazing of sheep .', " SOLAR ENERGY Section E Energy Conservation page 393 Building Design and Use . Use solar energy systems, as practical RESIDENTIAL AND HABITAT NOISE MITIGATION General Development Plan Performance Standards Page 123 L. NOISE . Residential development within the impact area shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to 6O,{;NEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below . Impa€tsmtomLeastuBeWsuuVin~omandmCalifoffltamGnat0atdlef ,habitatmshallmbe mitigated to achieve-a-level of 60 DBA-b...er-ge!ewo GDPTRAc"\TS.DOC_..--Il/8/95 3 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to flle a Statement of Disdosure of certain ownership or financial iJlterests, p,a.:-ments. or campaign contributions. on 311 m3tters whicb will require discretionary action on the part ofu':!e City Councii. Planning Commission, and al1 other official bO';l~S Tn~ following information must be disclo~: 1, List the nameS of all persons having a financial interest in the property which is the subject of the appUcation or the ccn="L e.g_, owner, applicant. contractor, subcontractor, material supplies. The OlaY Ranch, L.P., a CaJifornia LiJnited partnership BaldwID Builders, a California Corporation Tiger Development TWo, a California Limited partnership 2. If any person" identitied pur:;uam to (1) above is a corporation or partnership, list the names of aU individuals <'''lling mNe than 10% of the shares in the c<)rporation or ov.'t1ing any partnership interest in the partnership. James P. Baldwin Alfred E, Baldwin Ii any person" identified pursuant to (1) above is 110n-profit organiY.ation or a trU$t. list the names of any pcrson sening as dire.ctoI of the non-profit organization or as trUStee or beneficiary or trustor of the nust. .. N1A 4, Have you had more than $250 worth of business tr'd11$acted with any member of the City staff, Boards, Commissions, Co=itttes and Counc!1 within the past twelve months? Yes_ No .x. If yes, please indicate persou(s) 5 Please identify each and every p~rwn, indudiJIg aDY agents. cmployees, consultants or independent contractors who you have assigned to represent you bdore tbe City in this matter, Kim John Kilkennv Timothy O'Grady Kent Aden Ranie Hunter James Baldwin Alfred BaldwID 6. Have you and or your officer;, or agents, in the aggregate, contributed more than $1,000 to a COWlcilmtmber in the current or pre~ding ekclion penod? Yes_ No ..lL 1fy~s, state which Counci1membetis): "'(NOTE: Attach additional pages as necessary)'" Dat~: 11 109< nt Kim john KHkennv Print or type name of contr3ctoriapplicant ?= I., deMed" ".in,\' ","!vidual. ,fit"" co-parrnmhip, Joint "ntUTe. =ocUliOn. ,'ccial cwb, fro"rnal organization. 'orporaJlon. .,,10". ""-', "a~" ,y..;i=U- w.' and any olh" C_ty. ci,:,' and country ciO'. n",nicrpali,.. di.</Ticl ,or other pcliticai :cubdiv"ion. or an)' olh", grO"P or combi""ll0n acling a.' a "n" " :!:::;'-J'd 'at '1<10~d L.l; 61 56-Clt -f\OH