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HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/10 (9) Item: XI Meeting Date: Avril 10. 1996 XI. ACTION ITEM: CHULA VISTA GATED COMMUNITIES POLICY PAPER ISSUE: Should gated communities be pcrmittcd in the City ofChula Vista. and if so. under what conditions? BACKGROUND: The preparation ofthc attached policy papcr was precipitated by a request ITom the applicant to gate a numbcr of homes in SPA One. This proposal was presented to the City Managcr who dirccted the Otay Ranch Project Tcam staff to prepare a policy paper, including developmcnt criteria. on thc subject. It is the intent of this policy paper to give gcneral information on gated communitics, present the conclusions and formulate City-wide criteria for future cvaluation of gated devclopmcnts. The criteria developed is intcnded to be dynamic in nature and responsive to the needs of Chula Vista. It is the purposc of this issue paper to dctermine whether or not gate-guarded communities should be permitted in the City of Chula Vista. DISCUSSION: The devclopment of gated communities has a variety of implications for the City and to its residents Some bclieve gated communities create segregation and voter apathy among thc residcnts behind thc gates. Others credit gated communities with lowcring crime rates, enhancing property values and providing a higher-cnd housing product. Other issucs related to gated communities involve neighborhood interaction, traffic and circulation and emergcncy acccss. Exclusivity vs. Community: Many individuals argue against gated communities fTom a social perspective and worry that building gated communities will lead to a separation of eeonomic and racial classes within our society. Opponents also argue that gate guarding areas reduces the scnse of community and responsibility people feel toward the arcas in which they live. There is the fear that those that live behind gates will develop apathy for those outside Proponcnts believe that gate-guarded communities offer many benefits for their residents and thc broader community. They reason that such communities create a greater sense of belonging which fosters increased social interaction within the area. This sense of community leads to better maintained homes and neighborhoods. In addition, gate-guarded communities also add to the community's image by establishing 'prestigious" neighborhoods. This prestige may then attract new home buyers. Demand and Property Values: Though fear of crime is probably the most common motivation for people seeking homes in a gated conununity, prestige and increased property values are also important considerations. According to a 1993 survey by the Community Associations Institute, the desire to protect and enhance housing values is a major concern of those purchasing homes in gated communities. Specifically, proponents argue that gate-guarding creates conununities with higher property values and creates neighborhoods in which home values enjoy greater protection from market dO'Wll turns. In addition, those in support of gated communities state that gate guarded communities create more tax revenues fTom the higher property values while being less of a drain on public revenues because the private streets must be maintained privately. This, they say, makes funds available for public streets outside of the development. Security/Defensible Space: Despite the fact that violent crime, personal theft and household crime victimization ratcs have fallcn overall since their peak in the late 70's/early 80's, people are now more concerned about crime than they have ever been.] It is this fear of crime that is the most important factor leading to the move to gated communities. Though crime mayor may not be reduced with the presence of gates, a resident's fear of crime, or the perception of a future crime, is reduced. Some believe that in a gated conununity, the perception of safety is in itself important. Regardless of fact, if. people believe they are safer, they may have more neighborly contact, which can reduce crime in the long run. gatppr2a.doc Page 1 tj/ Traffic and Circulation: Reducing traffic flow and making streets safer is one of the main reasons gates are proposed. Proponents of gated communities argue that diverting traffic from high volume residential streets makes the streets quieter and safcr for children. In addition, if only residents are allowed access Ie the streets, monitoring strangers driving through neighborhoods will be easier making the area safer for the residents. Opponents argue that gating a community may do nothing more than transfcr the problem of residential traffic from one street Ie another. They believe that these communities may creatc morc congestion by concentrating traffic on eolleeler strcets outside the development. Some bclicvc that thc walling and gating of communities reduces choice and opportunities for vehicular travel routes. In tum. this may discourage pedestrians and cncourage increased dependence upon the automobile' Emergency Access: Gated communities pose certain challcngcs for emergency vehieles like police, fire and paramedics. Gates can lead to minor delays or can result in major difficulties in responding to emergencics or acting Ie evacuate arcas. Mechanical acccss systems to these communities exist but may not operate effectively at all times. Systems that rely on entry codes face thc problcm of notifYing emergency services when the code is changed. If these emergency services are not notified in time, delays may result Additionally, gated communities have limited points of entry and, if one entry is blocked, there is an increased delay in access to the emergency Currently, systems like the 'Opticom" Vehiele Strobe Detector Systems, Knox Boxes and Knox Kcy Switchcs are provided to eliminate any difficulty in responding to emergcncics that police, firc or paramedics might have. Thesc systems work effectively and have not led to substantially lowcr response timcs. APPLICANT'S PROPOSAL: None. OTHER POSITIONS: None. STAFF RECOMMENDATION: Direct staff to bring the Gated Communities Policy Paper to the Commission as soon as it is completed and ready for public discussion. AL TERNA TIVES: None. RELATED ISSUES: Nonc. ATTACHMENTS: Attachment A, (Chula Vista Gated Communities Policy Paper). I Bureau of Justice Statistics, 'Crime Victimization in City, Suburban and Rural Areas'; June 1992. 2 Gated Communities Staff Report to the Planning Commission, City of San Diego, Nov. 3, 1995, p. 5. gatppr2a.doc Page 2 L/:{ . , ATTACHMENT A PRELIMINARY DRAFT CHULA VISTA GATED COMMUNITIES POLICY PAPER " NOTE: THIS REPORT HAS NOT BEEN APPROVED FOR RELEASE OR PUBLIC REVIEW NOR SHALL THIS REPORT BE QUOTED OR CITED. DATA CONTINUES TO BE COLLECTED, REVIEWED AND VERIFIED. Prepared by: The Otay Ranch Project Team April 5, 1996 :2 il-./ I. ISSUE Should gated communities be permitted in the City of Chula Vista, and if so, under what conditions? II. GATED COMMUNITIES ANALYSIS A. INTRODUCTION t. Purpose ofthe Policy Paper The development of gated communities has a variety of implications for the City and to its residents. Some believe gated communities create segregation and voter apathy among the residents behind the gates Others credit gated communities with lowering crime rates, enhancing property values and providing a higher -end housing product. These discrepant attitudes toward gated communities led the City Manager to direct the Project Team staff to prepare a policy paper on the subject for Planning Commission and City Council consideration. It is the purpose of this paper to analyze the infonnation available on gated communities, present the conclusions and fonnulate City-wide criteria for future evaluation of gated developments. The infonnation provided in this paper is entirely subjective. No concrete statistical evidence has been compiled to support the claims of lower crime rates or reduced voter turn out discussed in the body of this report This discussion is intended to give the reader an insight into both sides of the arh'Uments that surround the current development of gated projects. The criteria developed and provided at the conclusion of this report is intended to be dynamic in nature and responsive to the needs of Chula Vista Input ITom staff, the City Manager, Planning Commission and City Council will continue to work to shape and refine the resultant policy that the City may use to guide the development of gated projects. 2. Existing City and County-Wide Conditions Gated communities, as defined below, are not common in Chu\a Vista. The majority of the projects in Chula Vista that are behind gates consist of apartments and attached condominiums. In EastLake Greens, there are two single-family gated projects. ')\ugusta Place" is a gated project with 60 lots, and the 'Championship Classics" is builtout with 126 units. In Rancho Del Rey, the McMillian Company has recently begun the 'Rancho Del Rey Estates" with 69 single-family units and 'Selmonte"with 33 units. Looking at other cities in the County, Escondido has two large gated communities: Emerald Heights with 730 units and Lomas Del Lago with 256 units. Oceanside. also has a gated community; Leisure Village is a seniors community with 1,388 units. The City of San Diego has a number of gated projects either recently approved or pending including Black Mountain Ranch with 940 units, Crystal Bay with 649 units, Bernardo Vista Del Lago with 886 units and Carmel Valley Village with 420 units. gatsppr2.doc Page I tjlj 3. Background Information\Definitions To further the purpose stated above, the following infonnation is helpful in understanding the discussion Definition of Controlled Access: For the purpose of this discussion, 'tontrolled access" is defined as 'tontrol of public access through the establishment of private streets and the use of physical structures such as gates, swing anns or similar barriers and their associated walls or fences, prohibitive signage, security guards, or any combination of these systems." California Court of Appeals Decision In the March 1994 case of Citizens Against Gated Enclaves v. Whitley Heights Civic Association, the California Court of Appeals ruled that public access cannot be denied on public streets. The Court established that controlled access can only be considered for private streets. Chula Vista General Plan: Goals and Objectives of the General Plan 'The development of 'balanced communities' representing economic and social inteb'fation of neighborhoods, and the availability of housing for all people regardless oftheir class, gender, age, race, national origin or religion. The elimination of racial, age, religious, sexual and economic bias and discrimination in housing provision, and the insurance offair lending practices." 4. Staff Recommendation City Staff recommends that the Planning Commission and the City Council accept the draft Gated Communities Policy Paper dated April 5, 1996 and the criteria contained therein, for the future evaluation of single-family developments that restrict public access in the Otay Ranch SPA One. B. DISCUSSION 1. History and Types of Gated Communities The presence of gated communities in society is not a new phenomenon; many communities have guarded their property and privacy with gates in a trend that can be traced to the moat -guarded castles and walled cities of the middle ages. Some older neighborhoods in today's cities are trying to erect gates or street barriers on their streets in an attempt to preserve their neighborhood character, to deter nearby criminal activity and to reduce traffic congestion Today, gated communities are being provided for the middle and upper middle classes of the United States in growing numbers. These communities generally appeal to the retired, those attracted to specific leisure amenities like golf courses and, increasingly, those seeking a haven ITom crime gal<;ppr2.doc Page 2 //~ -----/~ 2. Pros and Cons Exclusivity vs. Community: Many individuals argue against gated communities ITom a social perspective and worry that separating segments of society behind walls and gates will only lead to further economic and racial segregation within our society. Opponents also argue that enclaving reduces the sense of community and responsibility people feel toward the areas in which they live. There is the fear that those that live behind gates have a greater apathy for those outside. In summary, those opposed to gated communities ask, 'Do we really want to give up on the American dream of racial and class integration? What is the measure of nationhood when the divisions between neighborhoods require armed patrols and electric fencing to keep out other citizens?" I Proponents believe that gate-guarded communities offer many benefits for their residents and the broader community. They reason that such communities create a greater sense of belonging which fosters increased social interaction within the area. This sense of community leads to better maintained homes and neighborhoods. In addition, gate-guarded communities also add to the community's image by establishing 'prestigious" neighborhoods. This prestige is attracting new home buyers. As a resident of a gated community in DeSoto said, '1 grew up poor, one of 15 kids. 1 wanted to have a nice house in a nice neighborhood, where my kids could go to a good school"l Lastly, proponents argue that gates give people a greater sense of security and that security leads to more community interaction. Demand and Property Values Specific infonnation on the type, size and location of the new gated communities are not available at this time. Thus, a comparative analysis cannot be conducted on these issues. According to recent articles, the demand for homes in gated communities is on the rise. Real estate experts now estimate that, currently, VI million people in California live in gated communities and, in some states, the majority of new projects proposed are coming equipped with gates3 In some parts of the country, demand is so high that no new developments are recommended without gates4 To the developer, gated communities are attractive because homes sell faster and for more money. One developer estimated that his project increased in value by 20% the day he announced gates5 In California, that figure often runs at 30%6 In Klahanie, a gated community of approximately 3,475 homes near Seattle, demand has now out stripped supply. Klahanie was to have a buildout period of twenty years when it was started in 1985. It is now completely built-out and sold7 Though fear of crime is probably the most common motivation for people seeking homes in a gated community, prestige and increased property values are also important considerations. According to a 1993 survey by the Community Associations Institute, the desire to protect and enhance housing values is a major concern of those purchasing homes in gated communities. Specifically, they argue that gate guarding creates communities with higher property values and creates neighborhoods in which home values enjoy greater protection rrom market down turns. To support this belief, they point to the gated communities built in the mid-80's. During the last recession, these projects generally held their value far better than those in non-gated subdivisions. One such example is Glen Lakes, a gated community north of Dallas. The total value of all homes sold here ranged rrom $8 million to $11 million annually ITom 1987-1989, which was far ahead of the regional real estate gatsppr2.doc Page 3 tit:: market.' (It is not known what the individual homes sold for, or if the regional real estate market was all of a similarly priced product type) In addition, those in support of gated communities state that gate-guarded communities create more tax revenues rrom the higher property values while being less of a drain on public revenues because the private streets must be maintained privately This, they say, makes funds available for public streets outside of the development Security/Defensible Space: It should be noted that, currently, there are no definitive studies that can either support or challenge the claim that gated communities have lower crime rates than neighborhoods of a similar economic make-up. Despite the fact that violent crime, personal theft and household crime victimization rates have fallen overall since their peak in the late 70's/early 80's, people are now more concerned about crime than they have ever been9 It is this fear of crime that is the most important factor leading to the move to gated communities. People see gates and guards and assume an area is inherently more secure. That fact, however, is debatable and is dependent on the type of crime studied Some reports on crime in gated communities show that certain offenses, such as petty theft or voyeurism, are reduced with the presence of gates. However, certain violent crimes that usually involve people who are known to each other, like murder and rape, may not be reduced. In an odd paradox, under certain conditions, crime rates can even increase with the presence of gates. In Deerwood, a Jacksonville, Florida golf course community, 30 burglaries occurred over 18 months despite having a perimeter wall, gate and security patrol. The police in Jacksonville credit this increase in crime to over-confident owners who left their doors and windows unlocked 10 Some studies do show that crime is reduced in gated communities. One study done by the Miami Herald found that crime in gated communities was lower than nearby non-gated communities (It is not know if owners in the nearby non-gated communities were of the same economic characteristic as owners in the gated communities.) In addition, Miami criminolDb'Y professor Paul Cromwell reports that 'thieves looking for fast money or an easy target typically move on to the next house or neighborhood if they hit an obstacle (like a wall) or can't tell if a house is occupied.,,11 Despite these studies, the issue of crime is largely debatable and requires substantial and long-tenn analytical comparison of neighborhoods of similar household incomes to produce conclusive evidence. Though crime mayor may not be reduced with the presence of gates, a resident's fear of crime, or the perception of a future crime, is reduced. Some believe that in a gated community, the perception of safety is in itself important. Regardless of fact, if people believe they are safer, they may have more neighborly contact, which can reduce crime in the long run. Traffic and Circulation: Reducing traffic flow and making streets safer is one of the main reasons gates are proposed. Proponents of gated communities argue that diverting traffic ITom high volume residential streets makes the streets quieter and safer for children In addition, if only residents are allowed access to the streets, monitoring strangers driving through neighborhoods will be easier, therefore, making the area safer for the residents Opponents argue that gating a community may do nothing more than transfer the problem of residential traffic from one street to another They believe that these communities may create more gatsppr2.doc Page 4 t/1 congestion by concentrating traffic on collector streets outside the development. Some believe that the walling and gating of communities reduces choice and opportunities for vehicular travel routes In turn, this may discourage pedestrians and encourage increased dependence upon the automobile. 12 Emergency Access Gated communities pose certain challenges for emergency vehicles like police, fire and paramedics. Gates can lead to minor delays or can result in major difficulties in responding to emergencies or acting to evacuate areas. Mechanical access systems to these communities exist but may not operate effectively at all times. Systems that rely on entry codes face the problem of notifYing emergency services when the code is changed. If these emergency services are not notified in time, delays may result. Additionally, gated communities have limited points of entry and, if one entry is blocked, there is an increased delay in access to the emergency. Currently, systems like the 'Opticom" Vehicle Strobe Detector Systems, Knox Boxes and Knox Key Switches are provided to eliminate any difficulty in responding to emergencies that police, fire or paramedics might have These systems work effectively and have not led to substantially lower response times. III. STAFF POSITION Staff Position: City Staff recommends that the Planning Commission and the City Council accept the Gated Communities Policy Paper dated April 5, 1996 and the criteria contained therein, for the future evaluation of single-family developments that restrict public access in the Otay Ranch SPA One. IV. OUTSIDE AGENCY INPUT Chula Vista Elementary School District: The elementary school district did not take a position on the issue of gated communities but indicated they would provide public school bus services on private streets if the criteria below were met. Metropolitan Transit Development Board: MTDB is not supportive of gated commuruues, primarily because they believe gating contributes to a discontinuous street system and restricts mobility. They believe that discontinuous streets inhibit pedestrian, bicycle and transit circulation and increase automobile dependence. In addition, they believe gates fonn artificial barriers between neighborhoods. MTDB sees this action as contrary to the neo-traditional goals of the Otay Ranch GDP. V. CRITERIA The following criteria shall be used to implement gated communities within the City of Chula Vista if the City Council approves the concept. Each new proposal to gate a community will be analyzed as to how it meets the following criteria. gatsppr2.docc Page 5 c;?t A. GENERAL CRITERIA 1 . Gated communities which can not be served by police, fire, paramedics or other emergency services within existing City-wide Growth Management Threshold Standards (GMTS) shall be discouraged. However, the City may consider design solutions to mitigate the impacts to these threshold standards. For example, fire sprinklers in homes may help to mitigate fire response times and an 'Optic om" Vehicle Strobe Detector System may improve accessibility to the gated areas A mitigation measure for Police response times could be the provision of a private security patrol 2 . The location of controlled access gates shall neither preclude public pedestrian, bicycle or cart access to view points, public spaces, facilities or land uses such as open space, parks, trails or commercial areas, nor impede the use of direct pedestrian pathways or access to public transit stops and existing neighborhood pathway systems within or contiguous to the proposed project. 3 . The street system in a gated community shall meet all criteria established in State re!:,'Ulations, City ordinances, policies and design manuals and shall not unreasonably restrict school buses, trash pick-up and mail delivery. In addition, traffic/parking regulations shall be enforced to the satisfaction of the City Engineer, Fire Department and Police Department. 4 . Proposed plans for gated communities shall be reviewed by outside agencies that could be affected by the development such as the Metropolitan Transit Development Board, Chula Vista Elementary School District and Sweetwater Union High School District, U.S Postal Service and trash collection and recycling. 5 . To reduce potential impacts to the surrounding and proposed communities, the number of units built in anyone gated community shall be approved by the Planning Commission and City Council. In addition, in order to promote and maintain interactive, balanced and diverse neighborhoods and/or larger community planning areas, gates shall not be installed in locations that are detennined to separate or isolate segments of these neighborhoods or community planning areas. 6 . In considering specific gated community proposals, an evaluation shall be made of community design options other than gating that would meet the same objectives of the developer relate to security and overall market appeal. 7. Any proposed gated community, must be subject to a Homeowner's Association in order to insure proper maintenance of private facilities such as roads, stann drains and sewage systems In addition, prior to the creation of a Homeowner's Association, the City shall review and approve the proposed Contracts, Covenants and Restrictions that would govern the gated community. gatsppr2.doc Page 6 dY . ' B. SPECIFIC CRITERIA 8 . Signs shall be provided on the public streets to infonn the public of gated street areas and specific infonnation relating to 'hot a through street" 9 . If public facilities, such as parks or trails, are located behind gates, adequate public signage and direction shall be provided to encourage pedestrians to enter through or adjacent to the gated areas to access such public facilities. 10 . The location of public facilities designed to be physically accessible to Chula Vista residents such as parks, libraries, fire stations, police stations, etc. behind gates, should be avoided If they are located behind gates, access and maintenance responsibility must be detennined prior to approval of the gated community. 11 . Proposals to gate communities shall be assessed as to their overall impact on maintaining alternate access routes to significant attractors, such as schools, libraries, hospitals, shopping centers and industriallbusiness parks. 12 . Enforcement of parking standards behind gated areas shall be subject to specific control, such as invoking the City's right to enforce the California Vehicle Code to issue tickets and enforce restrictions on parking areas. 13 . The City may, based on design or other impacts, require any or all gates to be staffed. Engineering Criteria 14 . Gates shall be located to provide adequate vehicle stacking areas designed to accommodate PM peak flows. Stacking shall occur on-site and shall not adversely impact circulation on any public street. 15 . Streets located within gated communities shall be privately maintained but constructed to City standards with regard to structural section, horizontal and vertical curve design. The Developer shall disclose to the homeowners that the streets will be maintained at the cost of the Homeowner's Association and not the City. 16 . Private stonn drains located within gated communities shall be private up to the point where they collect runoff ITom public streets. 17 . Lighting located on private streets within gated communities will be private but must conform to public standards. 18 . Public facilities such as roads, stonn drains and sewer service that are provided behind gates shall be maintained to City Standards. gatsppr2.doc Page 7 ~c Sen'ice Criteria 19 . The developer will provide proof to the City that Elementary School bus service will be provided to the gated communities to the City's satisfaction 20 . The developer will provide proof to the City that US Postal service will be provided to the gated communities to the City's satisfaction 21 . The developer will provide proof to the City that trash pickup and recycling will be provided to the gated communities to the City's satisfaction J Blakely, Edward 1., "Fortress America", Planning, Jan. 1994, p. 46. 'Ibid. Blakely, "Fortress America", p. 46. J Ibid. Blakely, "Fomess Amenca", p. 47. 'J German, Brad, "Securitv Sells", BUilder, Sept. 1994, p. 1l3. .\ Ibid., p. 9. ' "Ibid., p. 9. 7 Egan, Timothy, "Many Seek Security in Private Communities", The New York 'limes, Sept. 3,1995 p. 10. , Op. Cit., Dillon, p. 9. <) Bureau afJustice Statistics, "Crime Victimization in City, Suburban and Rural Areas", June 1992. JI) Op, Cit., German, p. 117. 11 Ibid., German, p. 116. 12 Gated Communities StaJIRepon to the Planning Commission, City olSon IJlego. Nov. 3, 1995. p. 5. gal<;ppr2.doc PageS -/ S.