HomeMy WebLinkAboutPlanning Comm Rpts./1995/11/15 (10)
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.
1. 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.
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Meeting Date November IS, 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 from 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.
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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 I79-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 ElK
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:
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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 offcred 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 irrcvocably offcred 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~..!.!ghL
rail transit alignment shown on the GDP/SRP Land Use Map is
conceptual and will be more preciselv located at the SPA level of
planning.
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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 IS 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 aehie'ie a level of 60 dBf. Leq or belovi.
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-offered-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 !!I2P[Q",i!:!H!1~ty_.J.QJ;_<!1~~Lat the
SP A level and irrevooalblY--Bffered-will 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 irrevQGablyuoffered 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
LaJ:l~LU~enMaPn<!.mLaJentQnheuapP[Q~im<!telyJQ.s:aJe<i,HJ.henSPAJe.YeLG.Q.n~i~te.!lt
with the GDP/SRP goals, 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 by the village core policies. Precise transit alignment will be
<ietenl1i!1egnyJithJhen[JIe[JamtiQ.l1nQffj!HJ.Lmap~a.!!.gjmPIQ.Yeme!1tJ)I!!!1~,
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:mi!1g
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 Owner/Manager
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€ts...tomLeast-BeWsnnVin~o...andmCalifOfflta...Gnat0atdlef -habitatmshall...be
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.:'Dlents, 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 $250 worth of business !rd11$acted with any member of the City staff, Boards, CommissioTIS-
Co=itttes and Counc!1 within the past twelve months? Yes_ No L If yes, please indicate persou(s)
5 Please identify each and every p~rwn, indudiJIg any 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 Baldwin
6. Have you and or your officer;, or agents, in the aggregate, contributed more than $1,000 to a Councilmtmber in the current
or pre~ding ekction penod? Yes_ No ..lL 1fy~s, state which Counci1member(s):
"'(NOTE: Attach additional pages as necessary)'"
Dat~: 11 109<
nt
Kim john KHkennv
Print or type name of contr3ctor!applicant
?= I., deMO" '" ".Jny u.divid"ai. _"",.. co-parrnm],ip, Jo'nt "ntUTe. =OCUl'On. ,'ccial cwb. fro"rnal organization. co,pO'aJlon. .$10". ""', "a~"
,y...;i=U- W-< and any 01],,,, cqun'y. ci,,' and country cio'. n",nicrpali,.. di.</rlcl _or other pclit'cai :cubdiv"ion. Q' an)' olh", g>O"P N combi""ll0n acling "-' a "n" ..
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