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HomeMy WebLinkAboutPlanning Comm Rpts./1995/02/22 (4) PLANNING COMMISSION AGENDA STATEMENT Item -L.. Meeting Date: February 22. 1995 ITEM TITLE: CHULA VISTA SPHERE OF INFLUENCE UPDATE DRAFT ENVIRONMENTAL lldPACT REPORT RECOMMENDATION: It is recommended that the Planning Commission conduct the Public Hearing on the Draft Environmental Impact Report (EIR) [EIR 94-03], close the public hearing and give staff direction to prepare a final EIR. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) met on February 16, 1995, after the preparation of this report, to review the Draft EIR. Staff will provide a verbal report on RCC comments to the Planning Commission at their February 22, 1995 meeting. A. BACKGROUND The City of Chula Vista's initial Sphere of Influence was adopted by the Local Agency Formation Commission (LAFCO) in 1985. At that time, the Otay Valley Parcel of the Otay Ranch was designated a special study area pending City planning of the area for urban development. In July 1993, LAFCO authorized the Executive Officer to conduct an update study of the City of Chula Vista's Sphere of Influence in anticipation of completion of the Otay Ranch General Plan process. The Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was adopted in October 1993. A Study Area for the Chula Vista Sphere ofInfluence Update was approved by the Chula Vista City Council in January 1994. It encompasses the existing City ofChula Vista Sphere of Influence and approximately 13,616 additional acres in five planning areas. The Sphere of Influence Update Study Area is generally bounded by Heritage Road on the west, Brown Field on the south, the Jamul Mountains on the east and Salt Creek Ranch on the north. The Sphere ofInfluence Update Study has been prepared by the City of Chula Vista to identifY the area within which urban levels of development could commence within the next 15 years. The focus of the Sphere Update Study has largely been the Otay Ranch and adjacent parcels. Five General Plan Amendments (GPAs) are proposed concurrently with the Sphere of Influence Update. The GP As are proposed for two reasons Presently, some smaller, non- City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 2 Otay Ranch parcels are not included in the current City General Plan area. LAFCO policy requires that these parcels must be included in the Chula Vista General Plan in order to be considered and included within the City's Sphere ofInfluence. A second purpose is to adjust the existing City of Chula Vista land use designations to reflect the current or planned use of the site. The Notice of Preparation for the Sphere ofInfluence Draft EIR was issued on April 19, 1994. The Draft EIR was circulated for public comment on December 23, 1994. The public review period may be closed anytime after February 22, 1995. The EIR addresses the environment impact of the recommended sphere boundary amendment and the attendant Chula Vista General Plan amendments. B. PROJECT DESCRIPTION The proposed project is a City of Chula Vista-initiated proposal to amend the City's Sphere of Influence boundary to include an additional 12, 718 acres and to amend the Chula Vista General Plan to permit processing of the sphere document. The balance of 898 acres is proposed to remain designated as Special Study Areas. 1. Sphere ofInfluence Update The majority (87%) of the land within the proposed sphere amendment area is property within the Otay Ranch GDP/SRP. Other parcels within or adjacent to the Otay Ranch GDP/SRP are proposed for inclusion in the City's Sphere ofInfluence to avoid creating "county islands" and allow for the efficient provision of urban services. For study purposes, the land within the Sphere of Influence Update area is divided into five planning areas (see Exhibit 1). The planning areas and associated acreage are presented below. Planning Area One - Otay VaDey Planning Area: This Planning Area permits 18,942 homes on 9,298 acres. The Otay Valley Planning Area is surrounded on the west, north and east by the City ofChula Vista. This area is bounded by Telegraph Canyon Road on the north, Heritage Road and Brown Field on the south and Lower Qtay Lake on the east. The Planning Area includes Otay Ranch Villages One-Eleven, Planning Area 12 (Eastern Urban Center [EUC]), Planning Area 18b and other properties within or adjacent to the Otay Valley Parcel of Otay Ranch. Planning Area Two _ Resort Planning Area: The Resort Planning Area is comprised of most' of Otay Ranch Village Thirteen, the Satterla Parcel and Lower Otay Reservoir. This Planning Area would permit 2,340 homes in 2,093 acres. 'The Mary Patrick Estate property is already within the Chula Vista Sphere ofInfluence and; therefore, is not part of the Resort Planning Area. !S I "H1ii i IL j I ~ :- Q""''' - ...... ~.",I, I .! ~n::;: fI,; I ,I It& t ., ~ H I~. ~1 L\.-J""l ! I i ~ ~ if tF~-~.' ]~ " ~n .. ~ .tlii .Jt~~~... i i;' f'a~~l""''~.&,\~~.. ,~ j --- "~"'''1'.~1~ r-L___ 'j:"'- ~~..~~"\:t'L /.-- .. ~&'~~~~~~ ,-.. . _.~\- """~~~''':'~~~~~~~~J tI . - -'''''~~':!'i''~~' ,'~I~ I' -~_. _.;1111_1 h '-~\ ~.._ ! r~;;; -~~_".';s!.'.'II~~\~m !. ,.. )W..". "'~_.~~~~~'''~ i~ ~ "-,~r \; ~~ . ~,~<'''~~'::;7\ U) \. \ '~.' l~~. "~~,,,~ ,~, ~ !I / . . .l~.~~' ..".." , ( I ,,___ ....~""~. : J . ., \ .' ! ~.. I \'1' "..- 'S.\ \: , .. 'E& e ' ~~ ~ ,. ~.. () .', ~ , , Iii @>\,.', ? ~! / ,,';:';' -~- .?' \, ; r J.. '1- / I , \ ..-Y':':-~i-t, ,- ,.".- ",..... ...,- \~'" I"!!!......~...- .-"",.:- I ~:':;:~.r~~" ~_.--. . '\ '.r .~ /-.. "~-." J1i,........... .- ,/',::- ..& ....' \,...~...r' .- '~c ...r"'- ~- -. . .':.\' .' _0' ~#ft1: _ \ 1>0."".__ \ C"_ __em .. UI \\ '". c ~ ~ CD "'.: -"0.<:: <( Q.,:.2 >~Uj '1J (!) :I U - c en (!) CD.2 (J'- c..5 CD,- :I 0 = (!) c ... - (!) - ..c o Q., CDCI) - CD .c. a. en << ~ ~~I!! o~ ~ ;, h s~ E Ie III :t J U City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 4 Planning Area Three - Inverted ''L'' Planning Area: The Inverted 'L" Planning Area is comprised of the Otay Ranch Inverted 'L"Property and the Watson Property. This Planning Area pennits 389 homes on 457 acres. Planning Area Four - Otay Mesa Industrial Planning Area: For analytical purposes, the Otay Mesa Industrial Planning Area is divided into two subareas: I) West Mesa Industrial; and 2) North-East Mesa Industrial The West Mesa Industrial subarea is located south of the Otay River Valley in the Otay Valley Parcel of Otay Ranch. This area is under the City of San Diego' s jurisdiction and is designated Manufacturing Industrial Park (MIP). Under the County of San Diego and City ofChula Vista General Plan (Otay Ranch GDP/SRP), this 378.25-acre area includes 185.8 acres of industrial and 192.45 acres of open space. The North-East Mesa Industrial subarea is located south of the Otay River Valley, east of the proposed SR-125 alignment in the Otay Valley Parcel of Otay Ranch. Under the County of San Diego and City of Chula Vista General Plans (Otay Ranch GDP/SRP), this 492.07-acre area includes 30 acres ofIndustrial and 462.07 acres of open space. Planning Area Five - Special Study Areas: As an ancillary task, the Sphere of Influence Update Study reviews 'Special Study Areas" previously designated by LAFCO in 1985 (see Exhibit 2). The following properties are included in this Planning Area: . The Otay River Valley Special Study Area is a 369.l2-acre property located east of 1-805, south of the Otay River, north of Palm Avenue and west of the Otay Rio Business Park. . The South San Diego Bay Study Area is primarily tidelands owned by Western Salt Company and San Diego Gas and Electric Company which uses the area for an underwater outlet. A portion of National City extends down the middle of San Diego Bay and culminates in a large 350-acre site designated as public and open space under Chula Vista's General Plan. . The SR-54 Study Area designation is the boundary between National City and Chula Vista which jogs back and forth across SR-54 and the Sweetwater River between 1-5 and 1-805. . The Sweetwater Study Area is a B0.48-acre parcel located along the northerly sphere boundary, south of the Sweetwater Reservoir and within the City's 1989 General Plan area but is not in the City's sphere. The property is designated Open Space on the City's Plan. The area was in the City's General Plan in 1985 when the sphere boundary was established. But through a mapping error, was not included in the Sphere. ... (I) - c ~ .. UJ! ~, ~& -. I I ) I ..I- s LI..-r.... I " \ .a' ~ ! .. 1 z . . s:! ; , ..t J ,,~. 1- ~ : \ < ,; \ ,- ;/ l ~i ""... (I) > 02>- >(1) c= Sg .;- ~" ~e . .5~ ] '0.. :J .~ '" . 1) U. .., ;;; . Co ~ = .. .i :a u ... ;;.., '" Q,j u ~ ~ ~ Special Study Areas 1994 Sphere of Influence Update Study Exhibit 2. City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 6 2. General Plan Amendment The following is a summa!)' of General Plan Amendments being processed with the Sphere of Influence Update: Exhibit 3. General Plan Amendments. Current County Chula Vista Proposed General General Chula Vista Parcel Descrintion Acres Plan Plan General Plan Otay Water The property is located in the 61 Intensive Low- Public/Quasi - District Properly northeastern center of the Otay Agriculture Medium Public Valley Planning Area adjacent Residential to the EastLake Land Swap ( 3-6 duslac) DrODerties. Water Reservoir The properly is located in the 19.59 Intensive Low- Public/Quasi- southern portion (within the Agriculture Medium Public Otay Ranch Village Eight Residential area) of the Otay Valley (3-6 duslac) Planning Area. This parcel is owned by the City of San Diego Water Utilities Depart- ment and is used as a water storage facility. Otay Landfill The San Diego County Otay 250.59 Intensive Open Space Public/Quasi - Landfill is located along the Agriculture Public western edge of the Otay Valley Planning Area. This property is surrounded on three sides by Otay Ranch properly (Villages Two and Three). Satterla Parcel The Satterla Parcel is located 20 Multiple None Low-Density within Otay Ranch Village Rural Use Thirteen. Lower Otay The properties are located on 21.84 Multiple None Open Space Reservoir the western and southern edge Rural Use Property of the Otay Ranch Village Thirteen area and adjacent to the Lower Otay Reservoir. The properties are owned by the City of San Diego as part of their Otay Reservoir holdings. City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 7 C. ANALYSIS The Draft EIR analyzes four major issues: land use, agriculture, public services and fiscal. Although no significant impacts of the proposed Sphere of Influence amendments or GP As were found to be associated with these four issues, they are discussed in detail to supply and to assist in LAFCO's evaluation of the City's Sphere of Influence amendment request. With respect to the four major issues, the Draft EIR concludes that the proposed Sphere of Influence amendment and associated GP As would not have a significant impact on the environment. Consequently, no project-specific mitigation measures are required. Potential impacts (direct or cumulative) related to the following environmental issues were also detenruned to be not significant: . Biology . Traffic . Water Quality . Light/Glare . Geology . Air Quality . Landform/Visual Quality . Natural Resources . Cultural Resources . Noise . Energy . Population . Housing . Paleontology . Risk of Upset . Health While subsequent development within the amendment area may have significant impacts, the Sphere of Influence amendment, in and of itself, would not cause these impacts because development potential will not change substantially by placing the area under the jurisdiction of the City of Chula Vista. As noted earlier, the County of San Diego and the City of Chula Vista land use plans are essentially identical for the Otay Ranch GDP/SRP area. D. PROJECT ALTERNATIVES Two alternatives were analyzed in the Draft EIR based upon the ability to: 1) meet the basic objectives of the project provided; and 2) eliminate significant environmental impacts. No Project Alternative: The No Project alternative assumes that the Chula Vista Sphere of Influence would remain in its existing configuration as adopted in 1985 and amended by subsequent amendments and annexations. The non-Otay Ranch parcels would develop under the current County land use designations and intensities. The No Project alternative would avoid the net increase of 162 residential units that would result trom the proposed Sphere of Influence amendment. The Draft EIR states that the No Project alternative would not substantially change the conclusions associated with the proposed amendment. For the majority of Otay Ranch, the same development intensity would occur, since the City of Chula Vista and the County of San Diego adopted identical land use plans. Elimination of Planning Area 2: This alternative would exclude all of Planning Area 2 (Otay Ranch Resort area) trom the City's proposed Sphere of Influence and allow Otay Ranch Village Thirteen, the Satterla Parcel, and the Lower Otay Reservoir Parcels to be developed under the County's land use designations. The Draft EIR concludes that this alternative would not offer a significant change in the conclusions of the environmental analysis because land use intensity would be essentially identical under County jurisdiction City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 8 Rejected Alternatives: Several alternatives identified in response to the Notice of Preparation (NOP) were considered but rejected from further analysis. These alternatives are briefly discussed in Section IX of the Draft EIR and include: "Exclusion of the County Landfill"; "Exclusion of Planning Area 4"; "Exclusion of the County Landfill, Village Three and Planning Area 4"; "Exclusion of the City of San Diego property"; "Off-site Alternative" and "Exclusion of the County Landfill, Village Three, Planning Area 4 and the Otay River Valley". E. FISCAL ANALYSIS 1. Combined Total Fiscal Impact on the City and County A comparison of the fiscal projections for the General Funds of the City and the County are also shown in Exhibit 4. This analysis illustrates that if the property tax transfer from the County to the City were adjusted appropriately, there would be sufficient revenues to make both General Funds positive over the entire development period. Exhibit 4 presents the summary of the net fiscal impact analysis assuming that all development within the recommended sphere boundaries occurs within the City of Chula Vista. Exhibit 4 Net Fiscal Impact Analysis Summary for Selected Years All Development Within the City I 1995 I 1999 2004 2009 I 2014 I 2019 I 2024 CITY General Fund Revenue 380.797 3,022.249 8.453,864 11,578,277 17.119,208 21,070.869 21,721.017 Less Exuenses (484,282 (4,164,062 (9,832,612 m,372,205 (16,746.909 (18,984,514 (19,710,003 Net Impact (103,485 (1,141,813 fl,378,748 11,793,928 372,299 2,086,355 2,011,015 Gas Tax Revenue 25,324 208,204 447,924 587,214 674,646 719,281 750,795 Net Imnact 25.324 208,204 447,924 587.214 674,646 719,281 750,795 Combined Imoact (78,161 (933,609 (930,823 (1,206,715 1,046,946 2,805,636 2,761,810 COUNTY General Fund Revenue 348,207 2,608,870 5,430,842 7.420,696 12,180,295 12,822,800 12,893,873 Less Exnenses 140,835 (1,197,965 (2,798,074 (3,771.668 6,104,069 (6.425,004 6,441,897 Net Imnact 207,372 1,410,905 2,632,768 3,649,028 6,076,226 6,397,865 6,451,975 Road Fund Revenue 27,076 222,611 478,918 627,846 983,414 978,295 978,295 Less ExPenses 0 0 0 0 0 0 0 Net Imoact 27,076 222,611 478,918 627,846 983,414 978.295 978,295 Combined Imnact 234,448 1,633,516 3,111,686 4,276,873 7,059,639 7.376,160 7,430,270 City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 9 2. Fiscal Impact by Planning Area The following summarizes the fiscal impacts by Planning Area for the buildout year 2024 for the City and County General Funds, assuming that within the sphere area development proceeds within the City of Chula Vista. Planning Area 1 - Otay Valley Planning Area: This Planning Area represents most of the proposed residential development within the Sphere Update area. In addition, commercial uses are assumed to be developed. For the City's General Fund, revenues are projected at $16.8 million and costs at $16.7 million for a net surplus of less than $100,000. This represents a revenue/cost ratio of 1.004. For the County's General Fund, revenues are projected at $12.5 million and costs at $6.2 million for a net surplus of approximately $6.3 million. This represents a revenue/cost ratio of 2.02. Thus, the City just breaks even for this Planning Area while the County is projected to have a relatively large surplus. Planning Area 2 - Resort Planning Area: This Planning Area would result in residential and resort commercial uses. For the City's General Fund, revenues are projected at $3.5 million and costs at $2.3 million for a net surplus of approximately $1.2 million. This represents a revenue/cost ratio of 1.54. For the County's General Fund, revenues are projected at about $171,000 and cost at $203,000 for net deficit of approximately $32,000. This represents a revenue/cost of ratio of 0.84. Thus, the City is projected to yield a relatively large surplus from this Planning Area while the County is projected to have a small deficit. Planning Area 3 - Inverted "L" Planning Area: This Planning Area is planned for only residential development. For the City's General Fund, revenues are projected at $236,000 and costs at $255,000 for a relatively small net deficit of approximately $19,000. This represents a revenue/cost ratio of about 0.93. For the County's General Fund, revenues are projected at about $52,000 and costs at $65,000 for a relatively small net deficit of about $13,000. This represents a revenue/cost ratio of approximately 0.79. Planning Area 4 - Otay Mesa Industrial Planning Area: Only industrial development is planned for Planning Area 4. For the City's General Fund, revenues are projected at $1.2 million and costs at $0.5 million for a net surplus of about $700,000. This represents a revenue/cost ratio of about 2.47. For the County's General Fund, revenues are projected at about $266,000 and costs at $68,000 for a net surplus of about $198,000. This represents a revenue/cost ratio of about 3.93. F. PUBLIC COMMENTS 1. Notice of Preparation The Notice of Preparation for the Sphere ofInfluence EIR was issued on April 19, 1994. The following agencies and individuals responded to the Notice of Preparation: State of Cali fomi a City Planning Commission Agenda Item for Meeting of February 22. 1995 Page 10 Department of Water Conservation, State of California Department ofFish and Game, City of Chula Vista Fire Department, City of Chula Vista Department of Public Works, City of Chula Vista Traffic Engineer, Local Agency Fonnation Commission, Metropolitan Water District of Southern California, City of San Diego Planning Department, County of San Diego Planning Department, San Diego County Water Authority, Sweetwater Authority, Sweetwater Union High School District and United States Department ofInterior Fish and Wildlife Services. 2. Comments on Draft EIR Comments on the Draft EIR were received rrom the following agencies and individuals as indicated in Attachment I: John D. Dauz Additional comment letters received after the preparation ofthis Staff Report will be presented at the Planning Commission hearing on the Draft EIR. 3. County of San Diego In December 1994, the Board of Supervisors adopted the following position as indicated on Exhibit 5 relative to the City of Chula Vista Sphere Update Study: Easterly Sphere Boundary: The County tentatively supports a position to align the easterly Sphere ofInfluence boundary with the San Bernardino meridian, which roughly passes through the center of the Lower Otay Reservoir such that Otay Ranch villages on the two eastern parcels remain in the unincorporated County with Otay Lakes forming the boundary between the City and the unincorporated area (except for the 'Inverted L" and the Mary Patrick Estate Parcel). Northern Sphere Boundary: The County tentatively supports the proposal that the Sphere boundary be relocated to include the Inverted 'L" Planning Area and the adjacent Watson property within the Chula Vista Sphere of Influence. Southern Sphere Boundary: The County tentatively supports that the Chula Vista Sphere of Influence exclude the County Otay Landfill, the Village Three Mixed Use Area, the Nelson Sloan Rock Quarry Area, the Otay River Valley area proposed for a regional park acquisition and the industrial use areas located south of the Otay River Valley (Sphere of Influence Planning Area 4). Annexation Phasing: The Board tentatively recommends that annexation of the Otay Valley Parcel be phased on a SP A-by-SP A basis. Tax Distribution: The County tentatively supports a Sphere ofInfluence, as modified above, contingent upon the County and Chula Vista reaching preliminary agreement on the distribution of tax revenues prior to Sphere ofInfluence approval by LAFCO. "( I tI1~ I :s " tI1 0 .. .- == . t ... ... .. g.~~ 00'" . ...00 0..... .... ... . ...... " " o ... e: e ;;. e ... 0 ~ ~ Qi:!: r----' "j I L_, , , ,..... _ J f j i !! ! ! J i J i I!I~ili!p!~ !0@@@@GGJiQ5][!] t- . \ " . = = '" , ~ Zo-! ] . , .. 1 .. '" " ! . - i " . ~ . E '" E ~ . Q .. 0 ~ .. J '" ~ . = Q U ~ LJ g, " i:5 = .. 00 ... Q ~ = = Q . . j , , I . . . J ! , . . ! , , ; , j j . J . ; j , ! ! 1 ! ! , ! , , . j , . . , p j , , . . " 1 . j , I I , , ; z i i j . , . I J J . . , j ! "' , ,. , . . . L? 011J0 ~11J , "' m~~tJ mrn !D .J ~ f ! 1 t ~ 1 ! i ~ ~"! I!\}\H~ :> " '" g ~ L I> B[jJ~~[ID ![[jD Q '" " i:5 . .. 00 ... Q .i:' [; .... c:: 0) a 'd c:: ~ ;a p:; OJ .. 0) c:: 0) o .<:: u ;a ~ ~. o City Planning Commission Agenda Item for Meeting of February 22, 1995 Page 12 4. City of San Diego The City of San Diego Land Use and Housing Committee voted on February 1, 1995 to recommend to LAFCO that the areas currently within the City of San Diego (the West Mesa Industrial Subarea and the Otay River Valley Special Study Area) be excluded ITom the City of Chula Vista Sphere of Influence. 5. Sphere ofInflnence Pnblic Forum On February 9, 1995, City of Chula Vista staff and staff ITom the Local Agency Formation Commission conducted a joint public forum at EastLake High School regarding the Sphere of Influence Update Study and attendant Draft EIR. The workshop was attended by approximately 30 members of the public The vast majority of the discussion focused on the Bonita/Sweetwater Area. Virtually all the speakers expressed strong opposition to the current Sphere of Influence governing this area, suggesting that the Local Agency Formation Commission modify the City of Chula Vista Sphere of Influence area to exclude the Bonita/Sweetwater Valley area. We received written correspondence requesting deletion from the Sphere (see Attachment 2). :;~TrL'TSD ,.~IL E ')06 565 192 ATTACHMENT 1 February 4, 1995 ~ - :1\ I I ..( t ,.-. :' ".r. 00u(",12.s ".eid !~nvironment21 _,eview Coordinator }18nnin~ Department/Otay ]ench Project Office 315 ~ourth Avenue, Suite A Ghu18'ista , California ')1')10 F.-- 6 -'..- ~. - , U ,_ --------- ~e: City of Chula '~sta Sphere of Influe~ce ~pdate Study r ssessor I Rrcelumber 641-030-09 Dear ; ,r. rteid or '.I' 0 'Ihom It ].c>y Concern: I, John D. 8auz, the undersigned, in addition to Jarne.bas.<oundation on file, is one of the owners (Tena.1t-in-iJommo;1) of ,1"sessor iarcel ; umber 641-030-09, identi.fied 2.8 "')e :j.r~-:{i'" 2nd "":je ~r8ff i arcellT (correct spellinc; is ";)e '~raaf") in c:xhi::its 25, ;26, 23 ::1.:1d pa;e lO~ o~ subject study. Sefore I ~o on further, I would like to brin-::; to your 2.ttention a -rery signiiica.nt error L1 the study book 'Hhich if not corrected immediately will perpetuate the JOistake into potential serious consenuence. Our property is 7.82 acres and ;-lOt the 9.64 acres indicated thereon. You erroneously added to ours the a~utting 1.32 acres belonging to a distinct and separRte owner who is not identified or included in the study. fublic records show a certain "Lucille ,.)rom&n" owns the adjoining 1. 82 acres parcel APN 641-030-10. I respectfully suggest that notices of these Public ~earings and related materials be provided to her also. ?or the record, we the owners of API 641-030-09 referred as "De Jraff Farcel" vigorously oppose and strongly protest the "Open Space, 1 dwelling unit per 10 acres" designation imposed on our property by the City of Chul2..rista General Plan as confiscatory, unconscion8ble, unfair, denial of our right to economic use of our property and clearly this "OpeD Space" restriction is t8ntamount to condemnation and eminent domain. Conversely, and for the record, we accept, concur and approve the density of 7.3 dwelling units per acre and yield of 57 residential units for our property referred as "De '}ra1'f FClrcel" allowed under the County of San JJiego ,)eneral Flan as indicated in page 103 (Exhibit 26) and paGe 108 01' the Sphere of Influence Update Study, copies of which are enclosed for your ready reference. In order that you can perhaps have a better appreciation and understandins of our very adverse situation caused by the imposition of the "Open Space" restriction on our property, I am enclosing a copy of my remari:s addressed at the City of Chula Vista Council l'leetinG on liJay 24, 1994 in connection with the above matter. I respectfully request that this letter and all its enclosures are entered into these proceedings, your records and the City of Chula '~sta Flanning Commission and City Council, and the appropriate a;;ency of the County o:f San Jiego. Sincerely, ~---1... ~,.~^'- John D. Dauz ~--Y.'/' 5311 ;~obinwood ;,oad Bonita, California 91902 (619) 475-6844 (619) 4'15-5592 H, T - -;--'"' III. Land Us ,d Circulation Chula Vista Sphere of Influence Update Village One: This 903.6.acre village is located in the northwest portion of the Otay Valley Planning Area. Under the County of San Diego and City of Chula Vista General Plans (Otay Ranch GDP/SRP), Village One is designated village residential with 1,314 low-medil!m village (4.0 DUs/ac), 443 low-medium (3.0.4.5 DUs/ac) and 1,566 medium-high (18 DUs/ac) density residential units, 10 acres of local parks, 13.4 acres of community purpose facilities (CPF). a 10- acre elementary school site and a 11.4-acre commercial area. There are 46.5 acres of arterial and 264.8 acres of open space designated in Village One. DeGraff Parcel: The DeGraff Parcel is located just south of Telegraph Canyon Road, and is surrounded on three sides by Otay Ranch Village One. Within the Chula Virta General Plan, these two parcels total 9.64 acres and are designated open space and permit 1 dullO acres with a maximum of one residential unit. Within the County of San Diego General Plan, the DeGraff Parcel is designated (6) Residential with a density of 7.3 DUs/ac and yield of 57 residential units. Ross Parcel: The Ross Parcel is located south of Telegraph Canyon Road and within the Village One area of the Otay Valley Planning Area. This property is surrounded on all sided by Otay Ranch Village One. Within the Chula Vista General Plan, this 9.9-acre parcel is designated low-medium residential (3-6 DUs/ac) with a mid-point of 44 residential units. Within the County of San Diego General Plan, 6.6 acres of the Ross Parcel is designated (19) Intensive Agriculture and 3.3 is (6) Residential with a yield of 25 residential units. Gerhardt Property: The Gerhardt Property is located in the northwest portion of the Otay Valley Planning Area. This property is surrounded on three sides by Otay Ranch Village One. Within the Chula Vista General Plan, this 11.84- acre property is designated as low.medium (3-6 DUs/ac) density residential with a mid.point of 52 DUs. Page 108 December 1. 1994 III. Land a and Circulation Chula Vista Sphere of Influence Update properties are discussed below, and summarized in Exhibits 25, 26, 27 and 28. Exhibit 25 ~~t:ity of ChulalVista General Plan Land Uses Planning Area 1 - Otay ValleyS ". Acres Total Res. Park CPF Schools Com'! Open Art. Ind. Other Total Units S~ace Village 1 3,323 547.50 10.00 13.40 10.00 11.40 264.80 46.50 903.60 , ~rd ... , 1 r 9.64 9.64 . ,.a,. ..,......... , Roll 44 9.s{) 9.S{) Gerhardt 3' 11.84 1),84 Village 2 1,941 486.80 35.00 8.10 10.00 18.70 183.30 32.70 77.4.60 Village S 140.00 16.10 162.20 318.30 Village .. 332 290.70 3AO 2.40 10.00 3.00 262.70 35.00 607.20 Rock Quarry 136.47 13G.,&7 Villaie 0 2,376 370.30 10.00 11.30 10.00 6.00 70.40 HUIO "93.40 Olay Water 61.00 61.00 District Village 6' 2,232 275.30 10.00 6.60 10.00 4.60 39.70 16.50 364.90 Village 7 1,501 241.50 9.20 6.30 65.00 7.20 45.40 17.10 411.70 Villaie 8 1.457 267.70 9.00 6.00 10.00 13.40 22.60 14.20 842.90 Water 19.59 19.59 Reservoir Village 9 & 10 697.5 697.50 Universitv Village 11 1,746 23690 10.00 6.90 GO.OO 10.4.0 95.00 33.60 455.00 Planning Area 2,500 70.10 45.00 8.90 10.00 261.20 20_00 24.20 439.40 12EUC Planning Area 69.70 69.70 18b Open Space 2.429.88 2,429.88 SR. 125 182.00 182.00 Public 19.GO 19.60 Arterial 69.10 6910 SW Corner 39.54 59.54 EaatLake Land 139 64.00 52.00 11.00 17.00 17.00 161.00 Sv...P . Otay Landfill 230.39 250.59 TOTAL PLNG 18.946 2,87U4 141.60 7UO 216.00 887.90 8.653.96 639.20 231.90 1,182.15 9,298.83 AREAl 8 Based on Otay Ranch City of Chula Vista GDP primary land use designation6 for Otay Ranch Village6 One. Eleven and Planning Areas 12 and 18b and City of Chula Vista General Plan land use designations for all other properties. Page 102 December 1, 1994 Chula Vista Sphere of Ir. .nee Update III. Land Use and Circulation Exhibit 26 ,.County of San DiegojGeneral Plan Land Uses ......... . - --.... Planning Area 1- Otay Valley9 . Acres Total Re.. Park CPF School. Com'J Open Art. Ind. Other Total Units SV3ce Village I 3.323 647.60 10.00 13.40 10.00 11.40 264.80 46.50 903.60 <tr DeGraff. , ' fi7 9.64 9.64 ~ Iio" 25 3.30 6.60 9.90 Gerhardt 44 11.84 11.84 Village 2 1,941 486.80 35.00 6.10 10.00 18.70 18330 32,70 774.60 Villll&o 3 '" .40.0 4' 32 00 63 1400 1610 3111'.1 Village .. 8" 290.70 3."0 2.40 10.00 3.00 262.70 35.00 607.20 Rock Quarry 0 136.47 136.47 l3G.47 Villare 0 2,678 370.30 10.00 11.30 10.00 GOO 70.40 15.40 493.40 Olay Waler 0 61.00 61.00 District VillaEc 6 2.232 276.30 10.00 8.80 10.00 4.GO 39.70 16.50 364.90 Village 7 1,601 241.50 9.20 6.30 85.00 7.20 45.40 17.10 411.70 Village 8 1,4,57 267.70 9.00 6.00 10.00 13.40 22.60 14.20 342.90 Water Reservoir 0 19.59 19.59 Village 9 & 10 0 26.00 15.00 98.20 40.20 119.10 400.00 697.60 University Vi,Uase 11 1.746 238.90 10.00 6.90 60.00 10.40 95.00 33.80 455.00 Planning Area 2.500 70.10 45.00 8.90 10.00 261.20 20.00 24.20 439.40 12EUC Plannine Area 69.70 69.70 18b Open Space 2,429.88 2.429.88 SR.I26 182.00 182.00 Public 19.60 19.60 Arterial 69.10 69.10 SW Corner 5.0 54.54 59.54 EastLake Land 40 161.00 161.00 Swan Otay Landfill 250.59 250.59 TOTAL PLNG 19.017 2,952.94 146.30 75.30 216.00 341.20 3.583.42 622.20 74.70 1.387.29 9,298.36 AREAl 9 Based on Otay Ranch County of San Diego SRP primary land use designations for Otay Ranch Villages One. Eleven and Planning Areas 12 and 18b and County of San Diego General Plunland use de6ignations for all other propertie6. Page 103 December 1. 1994 Planning Area 1 (Otay Valley) ~~ ~~ ~ I .... taANstt~"'.' .......... os CIty"_"~U" o.wos North M.f1EB NoI. AIIIouI.'.."...___-.. Legend J.ESIOU,itA1. ~ Low.MedI...OcIIIllylluldtllllal ~ "'~I~,.f\obl",h<ill'y ~Low'ModI."\'III.oacDo"'IIJI&aIGoIIIIIIDOproo~ o Modi.IDDcuI'ybll(lodllll ~ ~"II"""fC.SI"d,An. """'''''''''" E::] o..IICooor..c.o..n-ro.allD<"""" , [Z] LifllCblT......itUnt 8J."""'H"b5d>ao' @~one...ciodo:6tk........, S...."RJdtF..W., s,r:CIAL rl..AN....!.AS Key Map ~ 104oodI<O....III.b DMoIIJ ..1Ik....1I [EJ fnc"'IJ'CocIumItIll "" VoIlaI.fMnc& ~Mi.edUw ~Eu""I..II'N>CeaIrt INUUSTktAL [S:] LIllllUdO...I"",,"'nt1<"" (0 1'tw pi......,. land... 'OI'VIII......... 10 .. Un"..n"r Ttw -,._... lor VoILaIU.ondIOIlUrbanVIIIIICS<<Ouy ;='~~~I~~I=~~ CD ........ 0 ... @ c-nilr'''' e Mo.b_ Source: City of ChulJ VIS'" Note: (ily of Chul. Visla land u~ Shown. R~fer 10 lelC! 10f Counly Land U~ ~I~ -.,.- ...------ - --.....,.". ""- - Planning Area 1 (Olay Valley) 1994 Sphere of Influence Update Study Exhibit 27 CITY OF CHUlA VISTA -- Gerhardt: 11.89 Acres Low Medium and Open Space 3-6 duslac, 52 dus OIay Wafer DIsITIct. 61 Acres Low Medium Residential. With GPA, Public/Quasi-Public Eastloke londSwap Property: 161 Acres Residential- 738 du Commercial, Open Space, ; Professional Use ! De Greif: 9.64 Acres Open Space I du OIay londtill: 250.59 Acres Open Space. With .GPA, PublicI Quasi-Public . \ . \ . \ . . t.. \ . Ross: 9.9 Acres Low Medium - 3-6 duslac 44 dus Rock Quany: 136.47 Acres Open Space South West Corner: 59.54 Acres Open Space Wafer Reservoir: 19.59 Acres Low Medium. With GPA, PublicI Quasi-Public Key Map North M-n. EB NaI'cAll 1ouIi<>n..re.pproo....... SourClt: Cif\ of Chul. VillI Nole: Cily of Chub Visr~ hrwJ LJse.s Shown R('fl"I 10 Tf'ltl 'Of COUnlY hnc.f u.t'~ ~I~ -151- .. .--_'!!!! --- ~ - - Planning Area 1 Additional Parcels 1994 Sphere of Influence Update Study Exhibit 28 CITY OF CHUlA VISTA li.y nnme is Jor !Jc>uz, re:'idin' c,t '5Jll , ' .,0 IIVOOl! ,(oc.rj, ',oili to;, 91')02 Eonorable Layor, Dist in,;uished 1 e!1UerS of the Council "nd .ot2 l.f: ~ood eveninn;. I respectfully request your pn.tienco ""j tolerGncf' if I 2m In the wrong place or 2t the v!ron '; time for/hnt I came here for, 8nd if I am lost, perhc>ps you C2n tell l.1e '....Lerc to ;;0. I am one of the ownen, of '1 ? "2 :1 crcs of 1['cant lo1l1d, AFN 641-030-09, south of 2nd fronts ~ele~~ph Canyon J02d 530 feet and goes b8Ck 660 feet, threo ollClrtor of ;: mile e?st of 1 edic"l Center Drive in ChL\lrr!ista. On: ,arch 22, 1 ()9'+, in response to R notice. I attended a neetin~ conducted ~y Chula Vista ~lErulin~ Department concernin,.; thf' study 0 f ",mo county llnincoq,or2tod Innd bordering the city for potentinl ;mnexction. Ie welcor;;ed the annexation process as it i:.: ,1 roouireu ,;tel' for u~ to finally l'ut our property into econolilic W;f', 1JY O'.'l1r' or de'[p]opI1rmt, clfter ,,11 these long years of idle and costly ownership. If the story ends there, all is well 2nu I won't be hE>re. ::ut this is not :'oin' to be. because at the ;.:1reh 22 r leetin-.. I 182 rned th.lt our p;aper:ty has been desil:(l1ated "Open :;pc'ce, 1 d\;ellin:: unit per 10 cecres" as of October 28, 1993 when Chulp. '/ist,' ,'mi -,8.~1 Oie;:o SOUrlt,j jointl,j approved the Ot:1Y F::1nc11 'ienenll DeveJoT'i,lent ll,~n. I protested this as confiscatorcr, unfnir cllld rlrbitr"ry Qt the ;neeting to Chula Vista Senior 11:1nners II'. :\osce.ler nncl [. r. .J.~mriskn and 8'-ain at a subse~uent meetin~ with Chulp ~i2t8 lrincip?l 118nner ~r. Jazzel. ~Ihen we bought this land 16 years 8",-0, our purclJ2.se price wn s predicated upon the dell.sity allowed 8t the time which under the Chula Vista :;eneral 1'1:.'n was 4 trJ 12 rJw811inc, units per ['ere Gnd under the County of San Die,'''o ';ener? 1 ).'l?n W2S ?:3 dv.'elling units per acre. Today, for nIl intent and iJurposes, this property is V'irtually worthle:Js to us; we C"ll neither de velojJ nor e,ell it, at cost or even fire sale becAuse WIIO would want it with the "Open Space" restriction'! I can safely assume that your first C1uestion, i.f any, is where were the owners during the preceedin::; ;';nvironment81 Inpact Hevie\"I process? ?air question. I cnn tell you that we were not there and we are still sortin's out who received the notice of the hearings, if any was sent to us. . Belvin, said that however and notwithstanding who is to be blamed 2dministratively, I would like to think that our failure to spe2k out then at EIR against the "Open Space" designGtion iraposed on our property does not extinguish our inherent property ri~htB nnd ability to seek and receive appropriate relief becRuse but for a token, perhaps an afterthoU,':ht, 1 dwelling unit use 8110l"ed on the entire Glr00st 8 acres, this "Open Sp:1cinn;" us is clei'rly ;m eminent don'l" in. Thank you. - - - - - - - - - - - - - - - - - - - - - - - - - - - - John D. Dauz' s remarks addressed at the City of Chula Vista. Council j-,;eetinc; on jay 24, 1991" ?ttended by the i.ayor, Vice Mayor, ~embers of the Council, City I nnR~er, City Attorney, City Planners, Staff, lress, Television 2nd the Jublic. r~ ~. ~=VL- /lhJ/,lfr t.fc;tJ t<<11' #'T BE / p72::7tG!, 7ED I".) 7}h.5 j1€HO NOTICE OF PUBLIC REVIEW AND ~ ~ PLANNING COMMISSION PUBLIC HEARING FOR A ~"I~ ~- -- --~ ---- ---- J. DAV6- CITY Of CHUlA VISTA PLANNING DEPARTMENT OTAY RANCH PROJECT OFFICE DRAFT ENVIRONMENTAL IMPACT REPORT NOTICE IS HEREBY GIVEN that a draft Environmental Impact Report (EIR) has been issued for revi(;w and comment by the Environmental Review Coordinator of the City of Chula Vista on The City of Chula Vista Sphere of Influence Update Study. The EIR concerns a proposed project located at: (see map on opposite side) and consists of: Update Study for the Sphere of Influence for the City of Chula Vista. Anyone desiring to review the draft EIR may obtain a copy of the report at the Chula Vista Library, 395 'F' Street, Chuta Vista. All written comments on the adequacy of the draft EIR should be forwarded to the Environmental Review Coordinator, Olay Ranch Project Office, 315 Fourth Avenue. Suite A, Chula Vista, CA 91910. (Telephone: 619-422-7157) If you wish to challenge the City's action on this draft EIR in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at or prior to the public hearing. A public hearing to take additional testimony on the adequacy of the draft EIR will be held by the Planning Commission on February 22, 1995 at 7:00 p.m., Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910. At that time any person may appear to be heard. Public reView of the draft EIR shall conclude with the closing of said public hearing. [EfC'"/ (, 1/03 007' 00 7b-uE(j>164f'fJ CAtV Y"OV Case #: EIR-94-03 Date: December 23. 1994 IIb'lormsIWPC6368P.doc 315 FOURTH AVENUE, SUITE A 1 CHULA VISTA. CALIFORNIA 91910/ (619) 422.7157 --- ~ ~u~ ~::- "- ~....,;..:::-: ~.......""'"-... .....--- ~ CITY OF CHULA VISTA PLANNING DEPARTMENT OTAY RANCH PROJECT OFFICE Notice of Public Review City of Chula Vista Sphere oflnfluence Update Study Enclosed for your review and comment is a draft copy of the City of Chula Vista Sphere of Influence Update Study. The Sphere Update Study analyzes the land area that can logically annex to the City over the next 10 to 15 years. The City's original Sphere boundary was adopted by the Local Agency Formation Commission (LAFCO) in 1985. Amendments to the Sphere are proposed by the City and approved by LAFCO. Expansion of the existing Sphere is necessary to annex any portion of the Otay Ranch to the City of Chula Vista. the~Si!~R.~€.!t1!d.Y will close on Febrpary 22, 1995.Im;writtpnt" Itu""dy"ifoUId be sent by that time to the Otay RanCh Project Om~.l?:" ~ f . }uit~.l\::CbWa__V15ta: CA 91910, Technology Lect;~1N~~'T~=~~~~e~=~i~~S::s;~~f~;~~ I ~~~;t~~~%:~' Building, 276 Fourth Avenue, Chula Vista, CA 91910. . ,"}I l>idtl, It.'.. ; . ,;'.":. ~ '" "" , If you have any questions regarding the Sphere Update Study, please call the Otay Ranch Project Office at (619) 422-7157. PUBLICNT.DOC "1~ l=f"\t'DTW '-"1='''11=" C"'ItTI=" ~ ,rWIj1'" \frC:-T/1 ,...", !r:",...,n'lt~ f")"f")~'" 'Ir'''' A"" ~,r'7 . ATTACHMENT 2 -' -. Jc'~:;~~34.~ '1 ~ 4/'v;rrc ;'... ~ 30Sb ~;::1- ~ /C!A- 7/jo~ PAlL " .:!/9/95-, ~ ~: 7 . .- ~ . 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JJ ./t;(Q ~iv~ f tt:;'J - 8 Feb., 1995 Arthur David Nuske 4243 Acacia Avenue Bonita, CA 91902-2531 Chula Vista Planning Commission 276 Fourth Ave. Chula Vista, CA 91910 Re: Disputation of Study I hereby dispute the inclusion of my residence and Bonita in the Chula Vista "sphere of influence" according to the map and the article published in the Star News of 2 February, 1995. I have been advised that. the boundary shown on this map circumscribes an area that will at some future date be the basis of annexation by the city of Chula Vista. This assertion was confirmed by a telephone call today to a representative of your commission. The annexation of Bonita and my residence by Chula Vista would be unacceptable. I believe that it would cause both economic and social hardships to my family and to many residents of Bonita. Another layer of government, especially a city-type government would not be suitable here in Bonita. It would be intrusive and onerous with inapproriate restrictions and ordinances. It would greatly increase the danger to what little natural habitat is still preserved in this part of the county. And it would introduce another level of ~axation with negative 'benefits'. In short, I feel that it would damage the quality of life for many if not most people in Bonita. Therefore I dispute the inclusion of Bonita in the Chula Vista "sphere of influence", and I respectfully request that this parcel - and Bonita - be rightfully returned to the County of San Diego sphere of influence. I am co-trustee with my wife, Tamra Moy, in assessor parcel 594-051-03-00. I will be unable to attend the meeting on 9 Feb., 1995 because of a previous commitment. But my wife does plan to attend and to present this to you on my behalf. Please advise me as to the decision. Thank you for your time and consideration. Sincerely, ~~ A.D.~ copy:LAFCO - Tamra Moy 4243 Acacia Ave. Bonita, CA 91902 Chula Vista Planning Commission 276 Fourth Ave. Chula Vista, CA 91910 February 8, 1995 To: Chula Vista Planning Commission Re: Bonita Annexation It is my understanding that the. Local Agency Formation Commission (LAFCO) and the City of Chula Vista have developed a "sphere of influence" study, and a map of the study area boundaries. This map shows boundaries that encompass some San Diego County property on which I reside. I further understand that this boundary will at some future date be the basis of annexation into the city of Chula Vista. At this time I wish to dispute my property being included in Chula Vista's sphere of influence. I further request that my property be taken out of the LAFCO sphere of influence study, and that it remain within the San Diego County sphere of influence. My address is 4243 Acacia Avenue, Bonita, CA 91902. My County of San Diego parcel number is 594-051-03-00. This is lot 17, Block A of Bonita Hills Unit #1. Thank you for your consideration of this matter. Sincerely, ~. T~~ra Moy , ..1 ..____ , , ~OPy:LAFCO -..