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HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/10 (4) Item X.A Meeting Date: April 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCM 95-09 ISSUE: Should eaeh vIllage within the Otay Ranch be master planned as a unitO BACKGROUND: The Otay Raneh Gcneral Development Plan (GDP) requires that cach village must be mastcr- planned as a unit. APPLICANT'S PROPOSAL The applieant has applied to amend the Otay Raneh GDP to delcte this reql11rcmcnt from the plan. STAFF RECOMMENDATION. Staff believes the language proposed by the Applieant is too broad and should be sealed back to apply only to those areas where there exist some rationale for permitting planning separate from the rcmainder 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 whieh they are loeated. the Inverted "L", the area west of Paseo Ranchero and the Ranch House (Mary Patriek Estate). The project applicant has requested that the Freeway Commercial area of the Eastern Urban Center be ineluded in the GDP Amendment. Each area is presented as its own issue. ISSUE AI: Should the Inverted "L" be allowed to develop under its own SPA? BACKGROUND: The Inverted "L" is part ofGDP Village 14 in Proctor Valley. This area has been meluded in the City's Sphere of Influence area because 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. Deleting the master planned village requirement would allow this area to develop under its own approvals. STAFF RECOMMENDATION: Maintain the requirement for master planned villages but provide an exception for the Inverted "L" area to develop under its 0\\11 SPA. This recommendation will require an amendment to the GDP to provide an exception for the Inverted "L" area from the master planned village requirement. A TT ACHMENT: See Attachment A. ISSUE A2: Should the area west of Pas eo Ranehero be allowed to develop under its 0\\11 SPA? BACKGROUND: Areas of Village Two and Village One, located west of Pasco Ranchero, are separated from their village cores by the arterial street 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. APPLICANT'S PROPOSAL: Because they do not seek SPA level approvals for the area located west of Paseo Ranehero at this time, the applieant applied to delete the requirement from the GDP. The area is separated by Paseo pcgdpis.doc Page! /j,? Ranchero, an arterial road, and contains coastal sage scrub habitat which would be avoided at this time Deletmg the master planned village requirement would allow this area to develop under its own approvals. STAFF RECOMMENDATION: Maintain the requirement for master planned villages but provide an exceptIOn for the area west of Pasco Ranchero to develop under its own SPA. This recommendation will require an amendment to the GO P to provide an exception for the area from the master planned village requirement. A TT ACHMENT: See Attachment A. ISSUE A3: Should the Ranch House of the Mary Patrick Estate be allowed to develop under its O\'o'n SPA') BACKGROUND: The Ranch House property (Mary Patrick Estate) is part of Village 13 in the GDP. However. this arca is adjacent to the north and south of the EastLakc projects and is physically separated from Village 13. APPLICANT'S PROPOSAL: Deleting the master planned village requirel1)ent would allow this area to develop under Its own approvals. STAFF RECOMMENDATION: Maintain the requirement for master planned villages but provide an exception for the Ranch House area to develop under its own SPA. This recommendation will require an amendment to the GDP to provide an exception for the Mary Patrick Estate property from the master planned village requirement. A TT ACHMENT: See Attachment A. ISSUE A4: Should the Freeway Commercial area of Planning Area 12 be allowed to develop under its 0'-'" SPA? BACKGROUND: The Freeway Commercial (FC) area on the GDP is part of Planning Area 12, the Eastern Urban Center. This area has frontage on SR-125 and is surrounded by Orange Avenue, EastLake Parkway and Birch Road on the GDP. The other proposed exceptions to the master planned village requirementS are based on physical separation and the existence of habitat on these areas from the village in which they are planned. The Freeway Commercial is part of the EUC which should have its own SPA. The GDP master planned village policy would require a SPA Plan for the entire EUC before the Freeway Commercial area could develop. Development of Freeway Commercial and the EUC should be linked with the timing of the SR-125 construction so precise locations of freeway interchanges are coordinated with the demand for commercial development and to avoid premature or leap frog development. APPLICANT'S PROPOSAL: The applicant proposes that the FC area of Planning Area 12, the Eastern Urban Center be allowed to develop under its own SPA similar to the other exceptions. OTHER POSITIONS: San Diego County staff supports the GDP amendments for the Inverted "L", the area west of Pasco Ranchero and the Ranch House as reported to the Planning Commission and are opposed to any other amendments. STAFF RECOMMENDATION: Do not amend the GDP to allowed the FC area to develop under its own SPA separate from the EVe. pcgdpis.doc Page 2 $~ AL TERNA TI VES: I. Allo\\ the FC area to be ineluded in the Village 11 SPA. Item X B Meeting Date: April 10. 19u6 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCVI 95-09 ISSUE: Should the General Development Plan (GDP) be amended to allo\\ agricultural land \\Ithin the Otav Ranch to be irrigated as determined by the Preserve Owner/Manaager'l BACKGROUND: The GDP policIes prohibit an increase in irrigation for famling purposes. The rationale for the irrigation prohibition in the GDP \\as to limit the introduction of non-native grasses WIthin the Otay Ranch Each SPA is required to address potential conflicts bet\\een urban development and agricultural uses as part of the SPA agricultural plan. APPLICANT'S PROPOSAL: There arc opportunities for nursery and truck farm operations on the Otay Vallev parcel The proposed GDP amendment would allo\\ irrigation if authorized by the Preserve Owner/Manager. STAFF RECOMMENDATiON Amend the GDP to allow the Preserve Omler/Manager to determine If additional irrigated farm land is approprIate. A TT ACHMENT: See Attachment A. pcgdpis.doc Page 3 "'9 .x Item X.C Meeting Date: Anril 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCM 95-09 ISSUE: Should solar heating be used to heat all domestic and swimming pool water? BACKGROUND: 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". APPLICANT'S PROPOSAL: 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 Energv Technology Status Renort 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 General Devclopment Plan (GDP) would repair the mistake. This change would not result in altering the dctennination of significance in the GDP EIR. STAFF RECOMMENDA nON: Amended the GDP to provide for the practical use of solar energy systems A TT ACHMENT: See Attachment A pcgdpis.doc Page 4 sc Item X.D Meeting Date: April 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PC\195-09 ISSUE: Should the GDP be amended to provide flexibility m transit alignments and modi!) the tlInmg of transit right-of-way dedication'! BACKGROUND: The Otay Ranch GDP indicates the Village Cores arc eoneeptuallv located on the GDP land use maps. The land use poheies indicate the cores will be precisely located on the SPA land plan. In addition. the GDP plans for transit stations in the center of the Village Core. TIle cores arc conceptually shmm on the land use map and arc allowed to shift based on more detailed studies at the SPA level. The same flexibility for transit alignment is not elear in the Land Use and Mobility chapters. In addition, the GDP requires the reservation of transit right-of-way at the SPA level and dedication on the Tentative Map. Dedication is premature in the development process on the Tentative Map. Nonnal1\-. all dedications arc required at the Final Map level where precise engineering IS necessary Dedication at the Tentative Map stage can only be accomplished by a grant of deed of casement for right-of-way Dedication at this stage is premature since the Final Map and improvement plans need to be coordinated and consistent. Dedication of the transit right-of -way needs to be coordinated with street, water, sewer and drainage dedications. Also, alternative alignments for SPA One were analyzed as part of the SPA One ElK This GDP amendment will allow transit alignment to be adjusted for habitat or other environmental reasons. Staff supports the proposed amendment to allow the transit alignment to shift based on the flexible village core policies for precise location of the core at the SPA level. Amendments for the teehmeal problem with the reservation and dedication requirements at the SPA arc also recommend. Right-of-way would be dedicated at the final map stage under the proposed amendment. APPLICANT'S PROPOSAL: The project applicant has applied to amend the Village One map in the GDP text to indicated a revised alignment for the trolley. SPA One realigns the light rail transit through Village One from the GDP alignment. The new alignment is proposed to run from Telegraph Canyon Road up to Palomar Street m the area west of Pasco Ranchero in order to serve the Village One Core. STAFF RECOMMENDA nON: Amend the GDP to allow flexibility in transit alignment at the SPA level and to require transit hne dedication as a condition of tentative map approval. ATTACHMENT: See Attachment A. pcgdpis.doc Page 5 /// " / ...... Item X. E Meeting Date: April 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCM 95-09 ISSUE: Should the General Development Plan (GDP) be amended to provide for an exterior noise standard of 65 CNEL') BACKGROUND: The GDP EIR Findings of Faet prohibits residential development in noise impact areas unless the specific noise studies indieate exterior noise levels can be mitigated to 60 CNEL or below The GDP Program EIR does not explain why a different standard was proposed.. This level is more restrictive than the City's eurrent standard. The applicable Chula Vista standard is 65 CNEL Upon further review, it is apparent the standard should have been set at the City's current standard of 65 CNEL APPLICANT'S PROPOSAL: Amend the GPD residential noise standards to 65 CNEL. STAFF RECOMMENDATION: Amend the GDP to provide for a 65 CNEL residential noise standard. ATTACHMENT: See Attachment A and SPA One EIR. pcgdpis,do<.: Page 6 .J'~ Item X.F Meeting Date: AVril 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCM 95-09 ISSUE: Should the Otav Ranch General Devclopment Plan Program EIR Findings of Fact be amended to pronde for a gnateatehcr habitat noise standard of 65 dBA" BACKGROUND: 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," in vireo breeding areas may impact the reproductive success of this specIes during their breeding season whIch occurs from March IS to September 15. The EIR disclosed that in an area where major roadways arc located or eonstmetion 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 eonstmetion noise. However, the Findings of Fact, adopted by the City in conjunction with Program ElR 90-01,established a requirement that noise impacts to Least Bell's Vireo and California Gnateateher habitat shall be mitigated to achieve a levcl of 60 dBA L," or below. The recirculated Biological Resources Section of the SPA One EIR determined there is no biological justification for requiring mitigation for 60 deeibcls, and a new standard of 65 dBA should be established APPLICANT'S PROPOSAL. Amend the Program EIR Findings of Fact to reduce the gnateateher habitat noise standard to 65 dBA. OTHER POSITIONS: U. S. Fish and Wildlife Service and California Department of Fish and Game have not concurred with the EIR biologist on this noise standard. STAFF RECOMMENDA nON: Amend the GDP Program Findings of Fact provide for a 65 dBA noise standard for gnateateher habitat. ATTACHMENT: See Attachment A and SPA One EIR. pcgdpis.doc Page 7 ::r:? ~~ Item X.G Meeting Date: April 10. 1996 PUBLIC HEARING: GENERAL DEVELOPMENT PLAN AMENDMENTS, PCM 95-09 ISSUE: Should the grassland bird species preservation standard be amended? BACKGROUND: The General Ddevclopment Plan (GDP) established performance standards for four grassland bird species requiring preservation of 80 percent or more of occupied habitat. These standards arc not achievable due to the wide ranging, foraging and breeding habits of the birds In addition the birds use disturbed habitat with non-native grasslands that arc generally considered not to have other biological value. In addition, the regulatory status of the species has changed. The U. S. Fish and Wildlife Service is working on how to best identify future candidates from large pool of at risk species. APPLICANT'S PROPOSAL Amend the performance standards to provide habitat within the habitat preserve for these grassland birds. OTHER POSITIONS: U S Fish and Wildlife Service and California Department of Fish and Game have not concurred with the EIR biologist on this habitat standard. STAFF RECOMMENDATION: Amend the performance standard for the four grassland bird species to provide habitat for them in the Otay Ranch preserve. ATTACHMENTS: See Attachment A and SPA One EIR. pcgdpis.doc Page 8 :J!/ ATTACHMENT A OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENT PCM 95-09 MASTER PLAN VILLAGES Chapter I Land Use Plan Section E Implementation I. Introduction Page 113 Each village must be master-planned as a unit, except for the Inverted "L". the areas of Village One and Two west of Pas eo Ranchero, and Ranch House property which mav 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 ] 02 j 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 approximately located at the SPA level and iffevoca13ly.offer.oo-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-imI:Jm.1Cim,nely-)g_cat~~Lat the SP A level and iffevocalNyuBffereduwill bS:___CQ!19itig.D.e9_for dedication at the Tentative Map level in village core areas GDPAMND.DOC April 5, 1996 -;?C' -.../ '-' 01<1\ Ranch GDP Amendments PCM95-09 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 ifre'iocably offered nw.ULb~n~.QJId!1i.Ql}~dJor dedication at the Tentative Map level within Village Entry Streets designated as transit routes. . Since 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 goals, obiectives and policies. the transit line aliEJ1rt1.~I:!L.Q.D...lh~nLal!_d...Us~nM-'WnmaYna!.sQnshift...tQ___~_~rY~_.th~3jJlag~...~_Q[~ bas~d...QJLaI!~.!laly~i.~_Ie_q)Ji[~Q...QY-.tb~ village cor~ policies. Precise transit alignment will be determined with the preparation of final maps and jmJ)rovement plans Village One (GDP Page 123) . Right-of-way for transit shall be reserved approximatelv located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level . A tfaflsit trolley stop and/or station shall be reserved approximatelv located at the SPA level and irre'/ocably offered will be conditioned for dedication at the Tentative Map level in the village core Village Five (GDP Page 144) . Right-of-way for transit shall be reserved approximately located at the SPA level and irrevocalJly offered will be conditioned for dedication at the Tentative Map level . A tfaflsit trolley stop and/or station shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level in the village core Village Six (GDP Page 147) . A tfaflsit trolley stop and/or station shall be reserved approximately located ift--.the village core at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level in the village core. GDPAMND.DOC April 5, 1996 2 ATTACHMENT A 30 Ota,. Raneh GDP Amendments PCM95-09 Village Six (GOP Page 148) . Right-of-way for transit shall be reserved approximatelv located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level. Village Nine (GOP Page 160) . A tfafl5it trollev stop and/or station shall be reserved approximately located ifl-the village core at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level in the village core. . Right-of-way for transit shall be reser/ed approximately located at the SPA level and irrevocably off~red will be conditioned for dedication at the Tentative Map level. Planning Area 12 (GOP Page 178) . Transit line rights-of-wav and tfafl5it trolley stop~/station~ within the EVC and Freeway Commercial area shall be reserved approximately located at the SPA level and irrevocably off~red will be conditioned for dedication at the Tentative Map level. Village Two (GOP Page 128) . Although the village is not located along the light rail transit route, a transit stop shall be reserved approximately located at the SPA level and irre','ocably offered will be conditioned for dedication at the Tentative Map level. Village Three (GOP Page 133) . Although the village is not located along the light rail transit route, A!l transit stop shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level. Village Four (GOP Page 139) . Although the village is not located along the light rail transit route, A!l transit stop shall be reserved approximately located at the SPA level and irrevoeably otf-cred will be conditioned for dedication at the Tentative Map level. Village Seven (GOP Page 152) . Although the village is not located along the light rail transit route, a transit stop shall be reserved approximatelv located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level. GDPAMI\D,DOC April 5, 1996 3 ATTACHMENT A 27 -J ,. Otay Raneh GDP Amendments PCM95-09 Village Eight (GDP Page 155) . Although Village Eight is not etH! located along the light rail transit route, a transit stop shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level. Village Ten (GDP Page 166) . Although the village is not located along the light rail transit route. a transit stop shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. Village Eleven (GDP Page 171) . Although the village is not located along the light rail transit route. a transit stop shall be approximatelv located at the SPA level and will be conditioned for dedication at the Tentative Map level. 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 MIDB, CVI 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 CQ!)c.~ptlJala!1dnwjJLJ:>~mQn~nPL~c.!.s_~lyJQ_Qi!J~~LaUh~__~rA,1e.Y~LQf planning. GDPAMND.DOC ^pril 5, 1996 4 ATTACHMENT A 3c6 Ota,. Ranch GDP Amendments PCM95-09 FARMLAND IRRIGATION Chapter 10 Resource Protection, Construction, and Management Page 384 8. Resource Preserve - Interim Land Uses 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 Owner/Manager. Grazing of sheep. " SOLAR ENERGY Section E Energy Conservation page 393 Building Design and Use . Use of solar energy systems, as practical RESIDENTIAL AND HABITAT NOISE MITIGATION General Development Plan Performance Standards Page 121 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 6(}{;NEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below . Impacts to Least Bell's Vireo and California Gnatcatcher habitat shall be mitigated to achieve a level of 60 dBA Leg or below . Noise levels within g:natcatcher habitat shall. to the extent feasible, achieve 65 dBA. However. for the purpose of achieving the gnatcatcher preservation GDPA1vlND.DOC April 5, 1996 5 ATTACHMENT A :l9 ~ I Ota)' Ranch GDP Amendments PCM95-09 standard of 52 %, those gnat catchers impacted by 65 dBA or greater shall not be counted as preserved. RESOURCE PROTECTION, CONSER V A TION AND MANAGEMENT Chapter 10 2. Preservation of Sensitive Resources Page 362 Include within the habitat preserve, occupied breeding and foraging habitat and sufficient potential habitat to maintain and enhance a viable metapopulation for the northern harrier. California horned lark, loggerhead shrike. and burrowing owl. GDPAMND.DOC April 5, 1996 6 ATTACHMENT A z/C