HomeMy WebLinkAboutPlanning Comm Reports/2008/02/13
AGENDA
MEETING OF THE
THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, February 13, 2008
City Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL/MOTIONS TO EXCUSE:
Planning Commission:
Tripp_Felber_Moctezuma_ Vinson
Bensoussan_ Clay ton_ Spethman_
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE:
APPROVAL OF MINUTES:
August 2, 2007- Joint meeting of the City Council,
Planning Commission and GMOC
November 28, 2007
December 12, 2007
January 9, 2008
ORAL COMMUNICATIONS:
Opportunity for members of the public to speak to the Planning Commission on any subject matter
within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's
presentation may not exceed three minutes.
CONSENT ITEMS:
The Chair may entertain requests by Staff to continue or withdraw an agenda item. The Chair may
also entertain a recommendation by a Commissioner to approve certain non-controversial agenda
items as consent items. Items approved on consent are in accordance with Staff's proposed
findings and in accordance with the recommendation as stated in Staff's report to the Planning
Commission.
PUBLIC HEARINGS I ACTION ITEMS:
1. PUBLIC HEARING:
PCM 07-21; Consideration of amendments to the
Eastlake III Sectional Planning Area Plan and
associated regulatory documents, and Planned
Community District Regulations and Land Use
District Map. The 18.4 acres located at the
southwest corner of Olympic Parkway and Wueste
Road intersection within the EastLake III Planned
Community. Applicant: Windstar (Legislative)
Project Manager: Jeff Steichen, Associate Planner
Planning Commission
- 2 -
February 13, 2008
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a Special Joint CVRC / Planning Commission
meeting on February 25, 2008.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance for
meetings, . and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-
5647. California Relay Service is also available for the hearing impaired.
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL,
GROWTH MANAGEMENT OVERSIGHT COMMISSION AND PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
August 2, 2007
6:00 P.M.
Adjourned Regular Meetings of the City Council, Growth Management Oversight Commission,
and Planning Commission of the City ofChula Vista were called to order at 6:16 p.m. at the John
Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California.
ROLL CALL:
Councilmembers: Castaneda (arrived at 6:30 p.m.), McCann, Ramirez,
Rindone (arrived at 7:25 p.m.), and Mayor Cox
Growth Management Oversight Commissioners: Acerro (arrived at 6:53
p.m.), Clayton, Garcia, Hall, Jones, Krogh, Palma, Chair O'Neill
Planning Commissioners: Bensoussan (arrived at 8:41 p.m.), Clayton, Felber,
Moctezuma, Spethman, Vinson, and Chair Tripp
ABSENT: Growth Management Oversight Commissioner Garcia
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and
Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC HEARING
1. REVIEW OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2006
ANNUAL REPORT
Each year, the Growth Management Oversight Commission (GMOC) submits its annual
report to the Planning Commission and City Council regarding compliance with the
City's 11 quality-of-life threshold standards. The 2007 annual report covers the period
from July 1, 2005 through June 30, 2006; identifies current issues in the second half of
2006 and early 2007; and assesses any threshold compliance concerns looking forward
over the next five years. The report discusses each threshold in terms of current
compliance, issues, and corresponding recommendations. (Planning and Building
Director)
Planning and Building Director Sandoval thanked everyone involved in the process, noting that
the program was still considered state-of-the-art both statewide and nationally. He then
discussed the General Plan Grovvth Management Element, grovvth management ordinance, and
grovvth management guidelines.
PUBLIC HEARING (continued)
GMOC Chairman, Kevin O'Neill expressed appreciation for the time and professional expertise
provided by City staff, as well as the school districts, water districts, and Air Pollution Control
District for helping complete the annual report. He expressed special thanks to Rabbia Phillip,
Frank J. Herrera-A, Stan Donn and Ed Batchelder, as well as former Growth Management
Coordinator Mark Stephens, who provided direct staff support to the Commission. Chair
O'Neill recognized the GMOC Commissioners and spoke regarding their diverse backgrounds
and dedication to their assigned tasks as Commissioners. He went on to proyide an overview of
the growth management program, including its creation, the types of review performed, and the
11 quality of life indicators, including those under City control, as well as external control. He
noted that nine were in compliance and tw02 were not. Additionally, Mr. O'Neill stated that the
GMOC held its first public workshop/retreat for the purpose of informally discussing existing
GMOC thresholds and proposing potential future thresholds, and stated he was of the opinion
that a comprehensive review of existing thresholds should be conducted and additional
thresholds considered. In closing, Mr. O'Neill advised the Council that the referrals from the
2006 review cycle had been considered and evaluated as part of this year's review, and that the
GMOC had concluded that the police and traffic thresholds, and perhaps the inclusion of a
mechanism to address a future transportation element, should be further reviewed and discussed
during the GMOC's next cycle.
GMOC Chair O'Neill then provided a topic-by-topic review of the 11 quality of life indicators,
along with this year's [mdings and recommendations. They included: Fiscal, Air Quality, Sewer,
Water, Drainage, Parks & Recreation, FirelEMS, Traffic, Schools, Police, and Library.
Associate Planner Herrera-A provided the staff response for each indicator, and Chair O'Neill
provided the GMOC response to the staff response. GMOC Chair O'Neill then concluded the
presentation with the 2007 threshold standard - annual review summary for the period of July 1,
2005 through June 20, 2006.
Mayor Cox opened the public hearing.
Peter Watry, Chula Vista resident, spoke regarding the need for parks on the west side of the
City, and requested that the Council designate the empty area to the east of the KOA as the
Lower Sweetwater Community Park. He stated that he would be submitting a proposal that
would include soccer fields, picnic tables, a tot lot, connection to the equestrian center, and
natural open space, with a self financing means by which to pay for the park and improvements
without using tax dollars. Mr. Watry then asked the Council to reject any development proposals
for residential use of the area.
There being no further members of the public wishing to speak, Mayor Cox closed the public
hearing.
Mayor Cox next opened each threshold for discussion by the Council and Commission members.
Page 2 - Council/GMOCIPC Minutes
August 2, 2007
PUBLIC HEARING (continued)
Councilmember Ramirez asked what the GMOC expected to develop as a result of its discussion
of the independent financial review. Planning and Building Director Sandoval responded that a
methodology was being worked on to determine what thresholds should be established, and that
a report would be brought back to the Council in the future.
Commissioner Vinson asked the housing numbers were accurate. Director Sandoval responded
that they were estimates conservatively on the high side for GMOC purposes.
Commissioner Acerro stated that the air quality thresholds appeared to be about turning in
reports about programs available, but did not address compliance or measurable accountability.
Director Sandoval stated that air quality was hard to measure, but staff had tried to place
requirements in all master planned developments. Further, he noted that Chula Vista had done a
better job than most municipalities, noting that staff does measure requirements, make sure
developers follow the process, and documents days when the air quality thresholds were not met.
Councilmember Castaneda stated that a distinction needed to be drawn between City buildings
and activities and things that could not be controlled, such as single-occupancy vehicles. Chula
Vista was doing well as a City, but the lion's share of greenhouse gasses was from vehicles, and
it was not clear what could be done to convince people not to drive everywhere.
Deputy Mayor Rindone explained actions SANDAG had taken to make a difference.
Commissioner Spethman asked if any consideration had been given to building a sewage
treatment facility for the City. Assistant City Manager/City Engineer Tulloch responded that the
City was looking at a number of approaches, including the purchase of additional capacity,
building a treatment plant, and leasing rather than buying additional capacity. A report will be
presented to the Council within six months.
Commissioner Moctezurna stated that everyone needed to be very forward thinking about water
demands, perhaps taking a more aggressive approach to conservation now in order to avoid
future problems.
Commissioner Felber requested that in future reports, both demand and capacity as they relate to
the City be provided for the Otay Water District, as is done for the Sweetwater Authority.
Councilmember McCann asked the current status of the Rancho del Rey Library. Finance
Director Kachadoorian provided an update on the review of the fmance options, delays involved,
and priorities for use of designated funding shifted to other projects by the Council. Assistant
Library Director Brown-Peeling stated that if things went as planned, the new library would open
in January 2009.
In response to a question by Commissioner Felber, Assistant Director Brown-Peeling responded
regarding the use of County libraries within the Chula Vista jurisdiction taken into planning
considerations.
Page 3 - COUDcillGMOC/PC Minutes
August 2, 2007
PUBLIC HEARING (continued)
Mayor Cox asked about the timing of the master plan and fourth library in Eastlake Center.
Assistant Director Brown-Peeling responded that the current plan was intended to be a la-year
plan and would build the Rancho del Rey library; as part of the planning process, a fourth and
fmallibrary would be offered in the eastern urban center.
Councilmember Ramirez noted that it was important to remember the commitments made for
providing libraries as part of community infrastructure. Further, he stated he did not know
whether or not there was a need to change the standard for libraries, but that staff should possibly
consider different standards because of the Internet and technology to measure whether libraries
are providing the level of service that meets with Chula Vista residents' quality-of-life
expectations.
Deputy Mayor Rindone noted that the schools offered good libraries, as well.
At 8:10 p.m., Mayor Cox recessed the meeting. At 8:22 p.m., she reconvened the meeting with
all members previously present in attendance.
Budget and Analysis Director VanEenoo responded to Commissioner Krough's mqurry
regarding fmancing of the library and figures included in the report.
Councilmember Castaneda asked that a report be provided to the Council in the future when a
priority project was established that would require funding to be shifted from another project so
the Council would better understand the implications of the expenditures they approve and the
ability to provide the facilities that the neighborhoods expect and deserve.
GMOC Chair O'Neill suggested that when looking at the lack of library capacity, staff also look
at required staffing and hours of operation per square footage.
Planning Commission Chair Tripp said he thought the reallocation of funds from the library to
police and fire were well placed, even though a library was still needed.
Commissioner Acerro spoke regarding the drainage threshold, and concurred with the GMOC
recommendation to measure water quality as part of the threshold next year.
In response to a question by Mayor Cox, Assistant City Manager/City Engineer Tulloch
explained that when the storm water permit was updated, new requirements, some of which were
unfounded state mandates, were added that would be passed on to all co-permittees. The issue
has been working its way up through the courts. A favorable court ruling would allow the next
step to be taken to address the situation. He then provided an example, citing that the average
fee throughout the state is $5 per dwelling
Commissioner Krough expressed concern with the permitting process for the cleaning of flood
control channels. Assistant City Manager/City Engineer Tulloch explained that this was a
regional issue, and jurisdictions have joined together to affect the permit process.
Page 4 - CounciVGMOCIPC Minutes
August 2, 2007
PUBLIC HEARINGS (Continued)
Public Works Operations Director Byers responded to questions from Councilmember Ramirez
regarding the completion of several reports that were contracted out, but not yet completed. He
cited several issues, including the fact that the cities, county, port and airport authority all have
different requirements, some which conflict with each other. Thus, the consultants are still
working on the report.
Commissioner Moctezuma asked about the parks and recreation thresholds, and requested that
one be established for the west side immediately, if there was not one already in place. Parks
and Recreation Director Martin addressed her concerns.
Mayor Cox stated that as the Sweetwater Union High School District continues to pursue
administration buildings and looking at density and development, it should determine that land at
the intersection near Fifth and Oxford could be used for a park.
Councilmember McCann added that two large parks were included as part of the bayfront master
plan, and were a key portion of bringing parks to the west side of the City.
Councilmember Ramirez asked about the standard currently used for the development of parks.
Parks and Recreation Director Martin stated that any new development would be assessed three
acres per 1,000 density as part of the development formula. Recreation Supervisor Mariano
stated that the GMOC would be looking at mechanisms for monitoring, and were currently using
population with existing park inventory. In the fall, they will begin monitoring new units in the
west against corresponding acreage and will be doing the same on the east.
Budget and Analysis Director VanEenoo stated that staff was looking at updating the Park
Acquisition and Development (PAD) Fees for the west side.
City Attorney Moore added that the 3/1 000 ratio came from state law knO'WIl as the Quinby Act,
which allows a City to impose a fee on new development requiring three acres per 1000
residents.
Councilmember Ramirez asked staff to provide data from the original study supporting the initial
fees that were established.
GMOC Chair Tripp invited Councilmember Ramirez to join them in their retreat at the beginning
of the next cycle to gain a better understanding of the process they go through to determine if
thresholds are met.
Planning Commission Chair Tripp asked about police response times between 7 and 10 minutes.
Police Chief Emerson responded that anything over 10 minutes was tracked separately and
reviewed specifically per Council request. Deputy Mayor Rindone added that all response times
were broken down by call type. He then expressed his appreciation to the Chief and staff for the
diligence in addressing the Priority 1 calls.
Page 5 - Council/GMOCIPC Minutes
August 2, 2007
PUBLIC HEARING (continued)
Commissioner Vinson asked the difference between response times on the east and west sides of
the City. Chief Emerson responded that the City is divided into beats, the eastern side beats
being larger, which impacts response times. He then noted that since the 2005/2006 report, the
department had put more officers on the street, thus redu~ing priority 2 responses. In order to
assist further, staff was evaluating new technology available, such as an automatic vehicle
locator that, if placed in all patrol vehicles, would assist dispatch in getting the closest unit to the
scene. This, however, as well as an increase in staff for the eastern beat, would require
additional funding.
Commissioner Felber asked when State Route 125 would be completed, as the report indicated
summer 2007. Mayor Cox stated that she had been informed it would open the end of
September, and a firmer date would be available mid-August.
Commissioner Moctezuma stated that it was not clear from the charts how it was determined that
the traffic thresholds were met. Principal Civil Engineer Rivera said the next report would show
the results of projects completed along the I-80S corridor. He also commented on the timing of
traffic signals, noting that they were set to favor the street with the most traffic.
Commissioner Acerro spoke regarding traffic issues. Mr. Rivera explained the evaluation
prioritization processes.
During discussion of the schools threshold, GMOC Chair O'Neill noted that there was capacity
in both the elementary and high school districts. Mayor Cox noted that temporary classrooms
had been removed and new classrooms built.
Mayor Cox thanked Planning Commission Chair Tripp for the Planning Commission's
deliberations and actions.
City Attorney Moore noted that the Planning Commission would be accepting the 2007 GMOC
report and recommending its acceptance by the Council.
ACTION:
Planning Commissioner Vinson moved to adopt Planning Commission Resolution
No. PCM-06-12 as amended, heading read, text waived:
RESOLUTION NO. PCM 06-12, RESOLUTION OF THE PLANNING
COlvfMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND
FORWARDING THE 2007 GMOC ANNUAL REPORT AND
RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY
COUNCIL
Commissioner Felber seconded the motion, and it carried 7-0.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2007-198 as amended,
heading read, text waived as revised to remove the words "and approving" from
the heading:
Page 6 - Council/GMOC/PC Minutes
August 2, 2007
PUBLIC HEARING (continued)
RESOLUTION NO. 2007-198, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2007
GMOC ANNUAL REPORT, AND DIRECTING THE CITY MANAGER
TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE
RECOMMENDATIONS AS PRESENTED IN THE STAFF
RESPONSES AND PROPOSED IMPLEMENTING ACTIONS
SUMMARY
Councilmember Castaneda seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
There were none.
Mayor Cox invited everyone to purchase tickets for an ice cream social fundraiser at the historic
Dickinson Boal house in National City on August 18,2007.
ADJOURNMENT
At 10:02 p.m., Mayor Cox adjourned the City Council to a regular meeting on August 7, 2007, at
4:00 p.m. in the Council Chambers. At 10:04 p.m., the Growth Management Oversight
Commission and the Planning Commission were adjourned to their respective regular meetings.
~~~~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 7 - CounciVGMOCIPC Millutes
August 2, 2007
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
November, 28, 2007
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER:
ROLL CALL / MOTIONS TO EXCUSE:
6:08: 12 PM
Members Present: Tripp, Felber, Vinson, Bensoussan, Clayton, Spethman
Member Absent: Moctezuma
MSC (Spethman/Clayton) (6-0-0-1) to excuse Cmr. Moctezuma. Motion carried.
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
ORAL COMMUNICATIONS:
No public input.
1. Public Hearing:
Consideration of the following applications filed by
Brookfield-Shea Otay, LLC, to develop 3.9 acre
Concordia Lutheran Church site, located at 267
East Oxford Street:
. PCZ 07-08; a rezone from the R-1-7 Single Family
Residential zone to the R-1-5-P Single Family
Residential zone, with a Precise Plan Modifying
District;
. PCM 08-02; a Precise Plan to establish Precise
Plan development standards, architectural and
landscape design guidelines;
. PCS 07-07; a Tentative Subdivision Map to
subdivide 3.9 acres into 24 residential and 2 open
space lots, served by a new public residential
street.
Staff recommends that public hearing be opened and continued to a date certain of
December 12, 2007.
MSC (Felber/Clayton) (6-0-0-1) that the Planning Commission open public
hearing and continue it to a date certain of December 12,2007. Motion carried.
Planning Commission Minutes
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November 28, 2007
2. Public Hearing:
PCC 08-01; Consideration of a Conditional Use Permit
to construct and operate a Senior Living Facility at 505
Mount Miguel Road - Spring Hill Senior Living, LLC.
6:14:16 PM
Background: Rich Zumwalt reported that the applicant is requesting a Conditional
Use Permit for a 105-unit senior care facility on 3.1-acre site at the corner of Mt.
Miguel Rd. and Proctor Valley Rd. The Community Purpose Facility (CPF) land use
designation for the site was established by the San Miguel Ranch SPA on October
19, 1999. The site is currently occupied by the Home-finding Center and its use has
been terminated, therefore, the building is proposed to be demolished.
On November 19, 2007 the DRC approved the Design Review Permit DRC 08-01.
The project proposes the construction of two buildings, one 3 story building 89 units
and a single story building with 16 units. The facility will include a total of 133 beds.
Staff Recommendation:
That the Planning Commission adopt Resolution PCC 08-01 approving the
Conditional Use Permit based on the findings and subject to the conditions contained
therein.
Commission Discussion.
6:33:34 PM Andy Plant, Principal Planner for the applicant, 7946 Ivanhoe Avenue,
San Diego stated he was available to answer questions of the Commission.
6:34:29 PM Cmr. Speth man stated that the site has its limitations because of its
restrictive size and asked if any consideration had been given to reserving space in
the event that future expansion of parking be required should there be a change in
use at this location or the majority of residents living independently should decide
they still want to drive their own car.
Mr. Plant responded that the average age of the residents is 85 years old and they
rarely drive. There is a shopping center directly across the street from the facility
and the facility would provide transportation to their residents.
6:40:48 PM Cmr. Felber asked how the calculations for the parking requirement were
arrived at.
6:41 :36 PM Bill Darnell, Transportation Planner with Darnell and Associates stated
that he has been conducting parking studies since the 1980's and has witnessed a
growing trend with the residents in these facilities not having a need or desire to
have their own vehicle. The parking study for this project reflects the parking needs
for similar-sized facilities in the region with the same approximate number of staff
and residents.
6:45:50 PM Cmr. Tripp asked the applicant, if the Planning Commission wished to
add a Condition of Approval requiring that at least 90% of the residents be 62 years
of age or older, would they be able to agree to such a condition.
Planning Commission Minutes
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November 28, 2007
Mr. Plant responded affirmatively, but noted that the State already regulates them in
that the residents have to be 62 years or older, except under special circumstances
where a patient who is young, is in the same condition requiring assisted living as an
elderly person in their 80's or beyond.
6:49:38 PM Cmr. Speth man stated that he doesn't see the need to impose a
condition on age restriction because he is comfortable that the State of California
already does that.
6:52:05 PM Public Hearing opened and closed.
6:52:20 PM MSC (FelberISpethman) (6-0-0-1) that the Planning Commission
adopt Resolution PCC 08-01 approving the Conditional Use Permit based on
the findings and subject to the conditions contained therein.
3. PUBLIC HEARING:
Consideration of the applications filed by IRE
Development for three separate parcels totaling 43.6
acres within the existing Eastlake Business Center II.
a. GPA 07-05; General Plan Amendment to change
the land use designation of 16.7 acres at the
northeast corner of Fenton Street and Showroom
Place from Light Industrial to Retail Commercial
b. PCM 07-04; amendments to the Eastlake II General
Development Plan (GDP) and Eastlake Business
Center II Sectional Planning Area Plan (SPA), and
Planned Community District Regulations, Land Use
District Map and associated regulatory documents.
c. PCC 05-70; rescind Conditional Use Permit
previously approved to establish and operate a
Design District on the north side of Fenton Street,
both sides of Showroom Place
Cmr. Vinson recused himself from the dais for both items #3 and #4.
6:57:00 PM
Background: Jeff Steichen requested that Item #3 and #4 be heard concurrently as
they are related.
Mr. Steichen reported that this is a request to amend the land uses and development
standards for approximately 44 acres of land located on the eastern half of the
Eastlake Business Center. The 44 acres have been divided into three properties;
Area A, 16.7-acres, the site where the existing Design District is currently located;
Area B 17.7 acres, the original sited for Phase II of the Design District, which is
currently graded, but vacant; and Area C 9.6 acres located on the south side of
Fenton Street, which is proposed for a hotel and office complex that will be
discussed later in this presentation.
In April 2005 the Eastlake Business Center II SPA was amended to allow
approximately 35 acres near the eastern edge of the Business Center to be
Planning Commission Minutes
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November 28, 2007
developed as a home improvement/design center. Phase I of the Eastlake Design
District, a 234,000 sf building has been constructed on 1.67 acres. Phase II
consists of 17.7 acres located north and west of the Design District.
A neighborhood meeting took place on September 12, 2007 to introduce the
applicant's development and rezoning proposal. Approximately 40 residents and
business owners attended the meeting and expressed concerns related to the
proposed increase in building height and massing. The applicant, however, was
commended for the quality of the proposed development and the recently completed
Eastlake Design Center.
Staff Recommendation: That the Planning Commission adopt Resolution GPA 07-
05 / PCM 07-04 recommending that the City Council adopt the Mitigated Negative
Declaration and Mitigation Monitoring and, Reporting Program (IS 07-15) and
approve applications based on the findings and subject to the conditions contained
therein.
4. Public Hearing:
PCC 07-71; Consideration of a Conditional Use Permit
to construct and operate a hotel at 2430 Fenton Street
in the Eastlake Business Center. Applicant:
Innkeepers, USA.
7:12:15PM
Background: Caroline Young reported that the applicant is requesting a CUP to
construct a 5-story 75-foot tall building Embassy Suites Hotel in Area C of the Eastlake
Business Center consisting of 156 room/suites with conference rooms, outdoor pool/spa
area, indoor fitness center and restaurant/bar for the hotel.
The existing parcel where the hotel will be located will be subdivided into two different
lots. The hotel will be located on the westerly side consisting of 3.76 acres; a four story
office building will be located on the easterly parcel. Both of these buildings were
approved by the DRC on November 19, 2007. Regardless of the property line, the two
lots act as one cohesive design with both of the buildings using the same driveway and
parking areas. They will share the driveways off of Fenton St. and Hitachi Way through
an access agreement. The hotel will also be able to use the parking located on the
adjacent parcel through a reciprocal parking agreement with the office building. The
hotel has 163 parking spaces and the office has 433 parking spaces.
The hotel will provide nine conference rooms consisting of approximately 8,800 sf of
meeting space and a 106-seat restaurant. There will be a total of 50 employees working
in staggered shifts. This hotel is being designed as a business hotel that will provide a
service that is desired by the surrounding corporate offices who will be able to have their
employees or clients stay in the hotel or hold meetings in the conference rooms. It can
also serve the Olympic Training Center's athletes, visitors and families. Currently there
are no hotels in the Eastlake area or in any of the planned communities in the east.
Staff Recommendation: That the Planning Commission adopt Resolution PCC 07-71
approving Conditional Use Permit for the hotel, based on the findings and conditions
contained therein, and contingent upon adoption by City Council of the Mitigated
Negative Declaration, IS 07-15, approval of the SPA Amendment, PCM 07-04 and the
Planning Commission Minutes
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November 28, 2007
adoption of the ordinance amending the Eastlake II Planned Community District
Regulation.
7:16:51 PM
Commission Questions:
7:29:59 PM Cmr. Bensoussan stated that looking at the conceptual drawings she is
concerned with the massive scale and bulk of the office buildings towering over the
adjacent single family homes. She would hope that mature landscaping would be
utilized to give it some screening.
Jeff Steichen indicated that the drawings are conceptual and were provided simply to
give a better understanding of how the site could potentially look like. Furthermore, any
projects that are proposed would have to go through the Design Review process where
they would look into the design offsets and scale of buildings, as well as landscaping.
Cmr. Benoussan asked if there would be large banquet rooms that could accommodate
a wedding or perhaps a prom.
7:58:12 PM Cynthia Morgan, Atty. Representing the applicant introduced the
representatives from Innkeepers.
Cynthia Morgan stated that there would be 8 conference room that are separated with a
retractable wall between them, however, the intent of those conference rooms is for day
use as meeting space and they would not be large enough to accommodate large
weddings or proms. Meeting the parking requirements for these large-scale gatherings
would also pose a problem.
8:02:48 PM
Public Hearing opened and closed.
Cmr. Tripp stated that the Eastlake Business Center has struggled to keep its doors
opened and intensifying the land uses in that area is crucial to their survival, therefore,
although this project will bring with it potentially some traffic congestion, it is hoped that it
will also bring vibrancy to that area and create a win-win situation for success in
everyone's businesses.
Cmr. Spethman echoed Chair Tripp's comments and stated that he believes that the City
need to create a business-friendly environment in order to attract businesses to establish
themselves in Chula Vista.
MSC (Felber/Spethman) (5-0-1-1) that the Planning Commission adopt Resolution
GPA 07-05/PCM 07-04 recommending that the City Council adopt the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (IS 07-15)
based on the findings and subject to the conditions contained therein. Motion
carried.
MSC (Felber/Clayton) (5-0-1-1) that the Planning Commission adopt Resolution
PCC 07-71 approving Conditional Use Permit for the hotel, based on the findings
and conditions contained therein, and contingent upon adoption by City Council
of the Mitigated Negative Declaration, IS 07-15, approval of the SPA Amendment,
Planning Commission Minutes
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November 28, 2007
PCM 07-04 and the adoption of the ordinance amending the Eastlake II Planned
Community District Regulation. Motion carried.
Director's Report:
8: 11:46 PM Nancy Lytle stated that the Planning Commission has been polled and there
will be a Special Meeting of the Planning Commission on December 18, 2007 at 5:00
p.m. upon which the Planning Commission's recommendation on a zone change and
Conditional Use Permit for a High Tech High School will be conveyed immediately to the
City Council at their regular meeting on the same date at 6:00 p.m.
8:14:17 PM
Commission Comments:
8:14:26 PM
Cmr. Tripp passed out some materials he downloaded from the website and the
Municipal Code with regard to the role of the Design Review Committee; he requested
that the Assistant Planning Director agendize this item for discussion at the earliest
Planning Commission meeting.
8:20:26 PM
Cmr. Clayton stated that she hears comments from the community and sometimes even
applicants that come before the Planning Commission stating how long it took them to
go through the entitlement process. Based on those comments, in her opinion, she finds
it difficult to say that the City is business-friendly. She would also like see agendized for
a future meeting a discussion and explanation of the entitlement process.
Cmr. Bensoussan stated that she looks forward to having the discussion on the DRC
role and responsibility. Cmr. Bensoussan also stated that consideration should be given
to expanding the DRC's membership to more than five members because it has been
brought to her attention that meetings end up being cancelled due to lack of a quorum; if
we want to be establish a reputation of being a business-friendly City and keep projects
moving forward on track, this is a problem.
8:24:35 PM
Adjournment to a regular Planning Commission meeting on December 12,2007.
Submitted by:
Diana Vargas
Secretary to the Planning Commission
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
December 12, 2007
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER:
ROLL CALL I MOTIONS TO EXCUSE:
Members Present:
Member Absent:
Tripp, Felber, Moctezuma, Vinson, Bensoussan, Spethman
Clayton
6:07:24 PM
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
ORAL COMMUNICATIONS:
No public input.
CONSENT ITEMS:
6:09:51 PM
MSC (Vinson/Spethman) to place item No. 1 (Concordia Luther Church) on the consent
agenda.
Cmr. Tripp stated that, in his opinion, it would be productive to have the discussion of item NO.2
(Role of DRC) in advance of item NO.1 (Concordia Church).
Cmr. Bensoussan asked for clarification if Chair Tripp's intent was not to place the Concordia
Church item on consent agenda, but rather to just take it out of order, and stated that she feels it
would be beneficial to hear the item.
Cmr. Tripp responded affirmatively and asked if the maker of the motion would consider
withdrawing it.
Motion withdrawn.
2. Discussion:
Role and responsibility of Design Review Committee.
Background: Jim Hare gave a presentation on the roles and responsibilities of the Design
Review Committee as defined in the Municipal Code and the Planning and Building
Department's internal procedural policies for taking projects through the entitlement process.
Commission Discussion:
6:39:28 PM Cmr. Bensoussan pointed out that the handout that was given to the
Commission tonight, is a download of the DRC's web page, which states under Role and
Function of the DRC, "... this committee serves as an advisory board to the Planning
Planning Commission Minutes
- 2 -
December 12,2007
Commission, City Council and Redevelopment Agency...". Additionally, during the
presentation, staff stated that"... the ORC recommendation is forwarded to the Planning
Commission...". In her opinion, these two statements imply and reinforce the point that the
Commission has been making all along; that there is a benefit to following a process which
leads to the Planning Commission receiving a recommendation or decision from the ORC to
assist is their deliberation of a project. A Planning Commission review of a project ought not
to precede the ORC's review of the same project.
David Miller stated that he understands where the ambiguity may come from, i.e. what is
posted on the web site contradicting what the Code says, but the reality is that even if the
web site states something, which is inconsistent with what the Code says, the Code trumps
the web site.
6:43:52 PM Jim Hare stated that staff considers information or the outcome of a ORC
decision to be valuable and at all times will share that information in the staff report to the
Planning Commission. When the Planning Commission is acting on something that is
independent from a design review approval, i.e. a CUP with findings, even though there may
be a relationship in terms of the appearance of a building, the Code does not see it as
essential advice such that it would be an obligation that it go to ORC first.
Cmr. Bensoussan stated that one could make the same case with the recommendation from
the RCC, which always accompanies environmental documents that come before the
Planning Commission.
Mr. Hare responded that the code is very clear on the role of the RCC in that it acts on the
completion of environmental documents, which by law must be completed prior to the
Planning Commission certifying the document's completion and recommending to the City
Council its adoption.
6:46:08 PM Cmr. Felber clarified for his own understanding that even though a procedural
document contradicts the Municipal Code, the Code would ultimately be the governing
document.
Mr. Hare reaffirmed that the Municipal Code is the governing document and it exists for the
fair treatment of all individuals who approach government for a decision and has protections
built into it for the neighborhood, environment and the applicant.
Mr. Miller added that in the absence of a process, cities generally, through their Municipal
Code, often give direction for processes to be created outside of the Municipal Code. Not
having done the research, this is something that he could look into to determine whether or
not our Code would grant the ability to create such processes.
Cmr. Felber stated that he would like to see codified or a procedural policy document that
states that projects first go to ORC, with a caveat stating that if there is a unique
circumstance or hardship, at the discretion of the Director of Planning and Building, an
exception to that sequence in process could be made. A good example would be the case
of the Concordia Lutheran Church, being a non-profit and not wanting to go through the
expense of design review only to receive a non-approval vote from the Planning
Commission.
Planning Commission Minutes
- 3 -
December 12, 2007
6:57:51 PM Cmr. Vinson stated that the Commission consensus has been that they want to
have as much information about a project, including the ORC's comments, to make an
informed decision and to have answers at hand when approached with questions.
6:59:41 PM Cmr. Moctezuma stated that she concurs with her fellow commissioners and
asked, from a procedural standpoint, what recourse does the applicant have should they not
want to go to ORC.
Mr. Hare responded that formally, they would ask for a denial, stating that they do not wish
to submit a ORC application, that way they can move forward with the appeal process to the
City Council.
Furthermore, Mr. Hare stated that staff is in complete agreement with the Commission that
having the ORC's expertise adds value to the decision that the Commission will render.
When there are projects that have an obligation to the ORC approval, staff makes every
effort that they go there first. However, it would be inappropriate for the Planning
Commission to make a determination to send something to the ORC to get the benefit of
their expertise, when a ORC approval is not required.
Mr. Hare further stated that if after review of the code there is latitude to set up those
procedural policies and processes, it would be appropriate at that time to set up a joint
meeting of the Planning Commission and ORC to establish what those processes will entail.
It would certainly also be appropriate to ask for the ORC's opinion on this lead process. The
way the code reads right now, it isn't clear that one commission is subordinate to the other
and it would also be fair to state that the ORC might just as well like to know first if a CUP is
approved before they spend too much time evaluating, such things as the curvature of
arches, roof pitches, landscape plans, and the like.
7:03:53 PM Cmr. Spethman concurs that it's tremendously helpful and gives them
reassurance when projects have gone through ORC. Understanding that the Planning
Commission looks at land use issues, in his opinion, part of land use is circulation, siting,
and to a certain extent architecture. His recommendation would be that the Municipal Code
be changed to reflect the duties and responsibilities that are stated in the City's web site for
the ORC.
7:08:59 PM Cmr. Bensoussan stated that she believes she speaks for everyone on the
Commission in saying that they all highly value and respect the expertise and opinions of
the ORC. Having said that, she is also concerned that delays have occurred because the
ORC has problems with meeting a quorum, so the meetings end up being cancelled.
Perhaps this is due to the ORC being comprised of only five members as opposed to most
other Commissions that are comprised of seven or more members. Ms. Bensoussan
remembers a time when the Planning Commission had a number of vacancies, and they too
were experiencing problems in meeting a quorum. Perhaps this is something that the
Planning Commission could make a recommendation to the higher powers to look into
expanding the membership of the ORC from five to seven.
Mr. Miller stated that there is merit to Cmr. Bensoussan's recommendation, however, as a
point of clarification, if there are delays due to lack of a quorum of the ORC, the applicant
has the right to request that their item be reviewed by another body in order to move it
forward in the process and not delay it any further.
Planning Commission Minutes
- 4 -
December 12, 2007
7:21 :54 PM Cmr. Tripp stated that the Commission has been clear with their message of
wanting DRC comments before items go before the Planning Commission. Having said
that, he directed staff to move forward in researching and scheduling a joint workshop of the
Planning Commission and DRC at their earliest convenience.
7:22:06 PM Mr. Hare stated that the Planning and Building Department is undergoing
evaluating process improvements as a result of the department's assumption of the
Planning duties because of the reorganization of the Development Services Departments,
including processes involving CVRC. To summarize, the four key threads of discussion
tonight have been:
. There is consensus that the Commission wishes to see DRC consideration come first
. A request that the City Attorney and/or staff look at provisions in the code to modify or
create processes
. The possibility of amending the code to include specific processes, and
. The possibility of increasing the number of members on the DRC
Mr. Hare indicated that he would be passing these recommendations along to the Director of
Planning and Building, and the Assistant Planning. Most likely there would be updates on
the progress being made and once the information is finalized, there would be a joint
workshop of the DRC and Planning Commission.
1. Public Hearing:
Consideration of the applications filed by Brookfield-Shea
Otay, LLC, to develop 3.9 acre Concordia Lutheran
Church site, located at 267 East Oxford Street:
. PCZ 07-08; a rezone from the R-1-7 Single Family
Residential Zone to the R-1-5-P Single Family
Residential Zone, with a Precise Plan Modifying District;
. PCM 08-02; a Precise Plan to establish Precise Plan
development standards, architectural and landscape
design guidelines;
. PCS 07-07; a Tentative Subdivision Map to subdivide 3.9
acres into 24 residential and 2 open space lots, served
by a new public residential street.
Chair Tripp thanked the applicant for their indulgence and patience in taking the items out of
order.
The Chair asked if it was still the Commission's pleasure to place this item on the Consent
Agenda.
Planning Commission Minutes
- 5 -
December 12, 2007
MSC (Vinson/Spethman) (6-0-0-1) that this item be placed on the Consent Agenda and
that the Planning Commission adopt Resolution PCZ 07-08; PCM 08-02; and PCS 07-
07; recommending that the City Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program IS 07-31; and adopt the Draft City
Council Resolution and Draft Ordinance, based on the findings and subject to the
conditions contained therein. Motion carried.
7:33:50 PM
Adjourned to a Special Planning Commission meeting on December 18,2007.
Submitted by
Diana Vargas
Secretary to the Planning Commission
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
January 9, 2008
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER: 18:07:07
ROLL CALL I MOTIONS TO EXCUSE:
Members Present:
Tripp, Felber, Moctezuma, Vinson, Bensoussan,
Clayton, Speth man
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
APPROVAL OF MINUTES:
MSC (FelberISpethman) (6-0-0-1) to approve minutes of November 14, 2007 as
submitted. Motion carried.
MSC (FelberISpethman) (5-0-1-1) to approve minutes of December 18, 2007 as
submitted. Motion carried.
ORAL COMMUNICATIONS:
No public input.
1. Public Hearing:
PCC 07-46; Consideration of a Conditional Use
Permit to establish and operate a permanent
recycling center inside existing industrial buildings
at 3630 Main Street, in the Limited Industrial (IL)
Zone.
18:09:37Background: Maria Muett reported that the applicant, Mike's Recycling, is
requesting a Conditional Use Permit for a recycling center where all business
operations and processing would primarily occur inside two existing industrial
buildings. The site contains a 7,000 sf prefabricated metal industrial building with a
1,000 sf office area, and a 3,240 sf metal storage shed. No additional buildings or
any physical development is proposed and enhancements will be painting, parking
lot repair and minor landscaping. The project would maintain 44 parking spaces,
which exceeds the parking requirement of 13 spaces. The hours of operation are
from 8:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 4:00 p.m.
Saturdays, and closed on Sundays.
The 1.49-acre project site is accessed off of Main Street by a private 32 foot wide
easement, a portion of which runs across a parcel owned by MTS. The site is
Planning Commission Minutes
-2-
January 9, 2008
adjacent to residential land to the north, MTS vehicle storage and operations facility
to the south and east, storage facility to the east and an elementary school to the
west.
A noise study was conducted analyzing all noise generated by the proposed
recycling center, i.e., customer vehicles, trucks, vendors, equipment operation,
recycling operation and dumping, forklifts and auxiliary uses. The noise analysis did
not identify noise impacts to sensitive receptors i.e. residential and school
playground, nor did it identify any significant noise impacts that would require
mitigation measures.
For the record, Ms. Muett reported that an opposition letter was received from the
Metropolitan Transit System.
Staff Recommendation: That the Planning Commission adopt resolution approving
Conditional Use Permit PCC 07-46 based on the findings and subject to the
conditions contained in the resolution.
Commission Questions:
18:20:56 Cmr. Spethman inquired if staff or the applicant produced the trip generation
figures.
Staff responded that the applicant produced those figures based on past experience in
their existing smaller recycling facility. Furthermore, staff made a comparison of those
figures against the SANDAG trip generation table for a similar-sized recycling center and
found that SANDAG's figures were considerably more conservative, therefore, staff is
comfortable with the numbers that the applicant provided.
18:22: 1 0 Cmr. Vinson expressed concern with Condition #5 regarding an ADA compliant
pedestrian pathway within the existing 32-foot wide access easement serving 3620 Main
Street. Having visited the site, he is concerned with liability issues because of people
ignoring pedestrian designated striping, mainly indigent people who are pushing carts
with materials to recycle.
18:29:50 Cmr. Clayton noted two conflicting statements; one in the staff report on page 3
and the other in Conditional of Approval #35 in the resolution with respect to activities
such as maintenance, repairs, washing or detailing of vehicles or equipment as not
being allowed.
Ms. Muett clarified that those activities are not allowed on the premises.
18:32:09 Cmr. Tripp asked if this project had gone before the Design Review Committee
and read into the record Section 19.14.582 where it states among other things, that the
Design Review Committee, "...shall review...Major Use Permits and commercial or
industrial projects or structures located within the 1985 Montgomery Annexation area."
Mr. Power stated that unfortunately there are conflicting sections within the Zoning
Ordinance. Paraphrasing Section 19.14 of the CVMC (DRC Responsibilities) he stated
that when a commercial project comes forward and they are not proposing structural
alterations and are just doing painting and minor repair, that does not warrant the
Planning Commission Minutes
- 3 -
January 9, 2008
approval of a Design Review Permit. This project proposes no structural improvements
and is proposing painting and minor landscaping, therefore, staff felt that the equitable
way to handle this was to do an administrative site plan review.
Cmr. Tripp clarified that there is consensus with the Commission, City staff and the City
Attorney that design review is part of the Planning Commission's purview and as such
the Design Review Committee is a resource and an advisory body to the Planning
Commission, therefore, it is the Commission's expectation that these projects would
have gone to the DRC first.
18:39: 12 Public Hearing Opened.
Charlie Balvaneda representing Mr. Zoura, the applicant, stated he was available to
answer questions.
18:40: 17 Cmr. Spethman stated that he visited the existing recycling site on a Saturday
and witnessed a lot more vehicles than the trip generation figures that are in the staff
report; he is also concerned with queuing spilling over on to Main Street. Cmr.
Spethman further noted that there is a lot of transient activities with people walking in,
with or without shopping carts.
Mr. Balvaneda stated that the figures are based on an average spread out over a month
period, but recognized that, for obvious reasons, Saturdays are their busiest days where
there may be queuing problems. With respect to transients and pedestrian traffic, they
would prefer not to have them, but have no control over it, therefore, they will comply
with whatever ADA requirements the City imposes.
18:43: 18 Cmr. Vinson stated that he too did a site visit and saw the same thing that
other commissioners mentioned with respect to on-site vehicle congestion, queuing and
pedestrian traffic. Additionally, he is concerned about noise impacts to the adjacent
elementary school because while he was there, he witnessed loud nuisance noise
coming from a squeaking belt on a forklift.
Mr. Balvaneda stated that that particular piece of equipment has been replaced with a
new one and all of the operations at the new location will be conducted inside the
building.
18:48:40 Alvin Gomez, Attorney representing the applicant stated that after reading the
code section with regard to design review, he concurs with staff's interpretation that
since his client's project does not propose any structural changes or enhancements, but
is just painting and doing minor landscaping, the project would not warrant going through
the Design Review Permit process.
18:57:25 Charles Terry, Helix Environmental Consultant, Acoustic Consultant, stated he
prepared the noise study. Mr. Terry indicated that he visited the site very early in the
morning in order to get the most accurate reading with the least external noises, such as
traffic, and ran each equipment, i.e. a can and plastic bottle crusher, bottle sorter, etc., in
order to get accurate readings on the various equipment.
19:05:23 Elliott Hurwitz, Contract Services Administrator and Bus Operations for
Metropolitan Transit Systems stated that MTS is adjacent to the proposed project site at
Planning Commission Minutes
-4-
January 9, 2008
3630 Main Street. As part of MTS's long range facility planning effort, they are looking to
expand their facility and acquire parcels adjacent to them, one of which is the subject
parcel at 3630 Main St. Mr. Hurwitz stated that MTS is moving forward with an
appraisal of the 3630 Main St. parcel and would be looking to have discussions in the
near future with the property owner about potentially purchasing the property, therefore,
he urged the Planning Commission to postpone a final determination on the project in
order to allow time for MTS to conduct the appraisal and speak with Mr. Zoura.
19: 14:23 Teresa Goodman, stated that her father's backyard abuts the existing Mike's
Recycling and her residence is up the hill a short distance. Ms. Goodman stated that
she opposes the project because it is a bad fit with surrounding uses like the recreation
center and elementary school where children are directly impacted by noise, traffic, and
air quality. Ms. Goodman stated she is also concerned with safety issues because this
type of business attracts a lot of homeless transients.
19: 16:45 Public Hearing Closed.
Cmr. Bensoussan left the meeting early.
19: 17: 13 Cmr. Vinson stated he has reservations about the project primarily because, in
his opinion, the use is not a compatible one to the surrounding area, i.e. recreation
center, elementary school and residences. Additionally, Cmr. Vinson stated that based
on his visit to the site, he believes that the trip generation figures are significantly
understated.
19:18:24 Cmr. Spethman echoed Ms. Goodman and Cmr. Vinson's concerns and stated
that, in his opinion, this project is perhaps not the best use of that land or fit with the
surrounding community.
19: 19:54 Cmr. Felber asked the acoustic consultant to explain how he measures noise
and how the decibel level figures for this project translate into layman's terms.
Mr. Terry did the explanation on how he measures noise and concluded by saying that
the noise level emanating from the project site are lower than the existing traffic noise for
that area.
Cmr. Felber stated that he recognizes that this is an allowed use in an Industrial Zone
and the noise impacts are not a big concern to him because the noise study conducted
by a professional indicated that they are well within what is acceptable. The other
issues, like safety and a good fit with surrounding uses like the recreation center and
school are more of a concern to him.
19:27:04
MSC (Tripp/Moctezuma) (6-0-0-1) to continue this item to allow time to have the
project reviewed by the Design Review Committee. Motion carried with Cmr.
Bensoussan absent.
Planning Commission Minutes
- 5-
January 9, 2008
Director's Report:
19:32:08 Nancy Lytle gave an update on the progress being made with planning a field
trip to other jurisdictions' mixed-use and downtown business districts. Various
commissions have been polled and although there is no set date on what Saturday
works best, so far there has been a positive response from approximately 23
commission members.
Ms. Lytle also stated that staff is planning, in the immediate future, a Planning
Commission workshop laying down the foundation, starting with the role of the Planning
Commission as defined in the Charter, ethics rules, define what are legislative vs. quasi-
judicial actions, how to craft findings that support an action taken by the Commission
either approving or denying a project, etc.
Cmr. Vinson stated he looked forward to the workshop and asked if staff could forward a
copy of what will be covered in the workshop in order to give the Commission the benefit
of preparing and formulating questions for a more productive discussion.
Cmr. Tripp asked what is being done to correct the inconsistencies and conflicting
statements in the zoning ordinance.
Ms. Lytle responded that staff recognizes that an update of the zoning ordinance is a
high priority, right next to the General Plan Update. It was included in the budget as part
of the department's work program, however, due to budget problems and reduction in
staffing levels, we don't have the staff or resources to do a comprehensive zoning code
update at this time.
19:49:55 Cmr. Felber stated that because of their volume, environmental documents
take an enormous amount of time to read. He asked that whenever a draft EIR is
released to the public for the 45 day review period, that the Planning Commission also
be given a copy at that time. In the past the Planning Commission has received the
document 2 or 3 weeks before their meeting and its very difficult to read through it in
such a short time period.
19:54:04 Adjourned.
Prepared by:
Diana Vargas
Secretary to the Planning Commission
CHULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: L
Meeting Date: 2/13/08
ITEM TITLE: Public Hearing: PCM-07-21 Consideration of amendments to the EastLake III
Sectional Planning Area Plan (PCM-07-21) and associated regulatory
documents, and Planned Community District Regulations and Land Use
Districts Map. The 18.4 acres located at the southwest comer of Olympic
Parkway and Wueste Road intersection within the EastLake III Planned
Community. Windstar-Applicant
SUBMITTED BY: Jeff Steichen, Associate Planner
REVIEWED BY: Nancy Lytle, Assistant Director of Planning and Building
INTRODUCTION
PRII Windstar Pointe Resort Master LLLC ("Windstar,", the "applicant," or the "developer") is
proposing to develop an apartment project, consisting of 494-units, on a 18.4 acre buildable
portion of a 30.5 acre site (the "Windstar Pointe Resort" project). The remaining 12.1 acres is
dedicated open space. The project site is located at the most easterly boundary of the Eastlake III
planned community (see Attachment 1- Locator Map). In order to achieve this, the applicant is
requesting to change to remove the existing "Active Seniors" designation and replace it with a
new designation that allows for the development of a market-rate multi-family residential
proj ect.
BACKGROUND
In June 2006 an amendment to the General Plan, as well as the Eastlake III General
Development Plan (GDP) and Sectional Planning Area Plan (SPA) was approved in order to
change the Visitor Commercial Land Use Designation to Residential High in order to
accommodate a 494 unit active seniors condominium project. While the Project received the
necessary SPA amendment, prior to going forward to the Design Review Committee for
approval of the actual development project, the applicant withdrew the request for economic
reasons. Following the previous applicant's (Puelte's) cancellation of the escrow, The EastLake
Company sold the site to Windstar in January, 2007.
Because the preyious land use entitlements were approved in June 1996, this current project
being requested does not require any amendments to the Chula Vista General Plan nor any
amendment to the EastLake III General Deyelopment Plan. Only minor amendments are
proposed to the EastLake III SPA Plan, Planned Community District Regulations and Land Use
District Map, and other associated regulatory documents. These amendments consist primarily
PCM-07-21
Page No.2
of deleting the recently created RMS ("Multi-Family Seniors") land use district specifically for
the previously proposed Seniors project and replacing it with a new Residential Multi Family 1
(RM1) land use district (and not restricted to seniors) for the newly proposed project.. The
parcel size and density is the same as the EastLake III Seniors project would have been (18-27
duJac). The PC District Regulations are being amended to reflect the lower height of buildings
(3 story and 4 story) and the parking requirement is being changed to be consistent with City
requirements for apartment projects. The dwelling unit total is exactly the same as before - 494
units- and the development pad is the same size.
Windstar is requesting the above mentioned EastLake III amendments to accommodate the
Windstar Pointe Resort residential project. The applicant has submitted a Design Review
application for the proposed 494-unit luxury apartment project, which has been considered by
the Design Review Committee (DRC). The project was presented to the DRC as an
infonnational item on June 4, 2007. The DRC infonnally reviewed the proposed design and
provided meaningful design recommendations to improve the project. The applicant has
incorporated the recommendations, and the project was presented to the DRC on January 28th,
2008. The Committee approved the project with minor revisions requested to the
architecture. and design, stating that the project has been well conceived and is highly compatible
with the City's overall Design Guidelines as well as those design guidelines contained in the
EastLake III SPA.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has detennined that the project was
covered in previously adopted Final Subsequent Environmental Impact Report, Eastlake III
Senior Housing Project, FEIR 05-02. The City's Environmental Review Coordinator has
detennined that only minor technical changes or additions to this document are necessary and
that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for
the preparation of a subsequent document have occurred; therefore, the Environmental Review
Coordinator has prepared an addendum to this document, Final Subsequent Environmental
Impact Report, Eastlake III Senior Housing Project, FEIR 05-02.
RECOMMENDATION
That the Planning Commission adopt the attached resolution, PCM 07-21 recommending that the
City Council 1) consider the Addendum to FEIR 05-02; and 2) approve a resolution for the
EastLake III SPA Amendment (PCM 07-021) based on the findings and subject to the conditions
contained in the attached draft City Council Resolution and Ordinance.
DISCUSSION
1. Existing Site Characteristics
The site is situated at the most easterly portion of the EastLake III planned community. The
community is fully developed, except for the subject property and a 12 acre commercial site to
the north of the Olympic Training Center (OTC). The approximate 18.4 acre site is located on
the south side of Olympic Parkway tenninus, bounded by the OTC to the west and south, a
future retail commercial site to the north of and fronting on Olympic Parkway, and Lower Otay
PCM-07-21
Page No.3
Lake east of Wueste Road. The Vistas Mountain Hawk community park is to the northeast (see
Attachment 1- Locator Map).
The site has been graded as part of the EastLake III project, resulting in an approximately 10-15-
foot high manufactured slope at the top of a 40- foot high natural slope at the eastern and
southern edge of the site.
Existing General Plan, SPA Land Use Designations and land use
General Plan CV Municipal PC District Land Existing Land Use
Code Zonin2 Use Designation
Site Residential High; Planned Residential High; Vacant
Open Space Community (PC) Open Space
North Commercial Retail Planned Village Commercial Vacant
Community (PC)
South Public Quasi Public Planned Community Public Quasi Public Olympic Training
(PC) Center
East Open Space Open Space (OS) Not a part Lower Otay
Reservoir
West Public Quasi Public Planned Community Public Quasi Public Olympic Training
(PC) Center
2. Project Description
The proposed amendments are more specifically described below:
EastLake III SPA - TextlMap
Change the Site Utilization Plan Map to remove the references to the EastLake III Seniors
project on VR 13 and add the Windstar Pointe Resort apartment project.
(See Attachment 7, SPA tab)
EastLake III Planned District Regulations - Land Use Districts Map
Change the designation of the land use district for the project site from RMS to RM-l
(See Attachment 7, PC District Regs. tab)
PCM-07-21
Page No.4
Design Guidelines
Update the Design Guidelnes to include the conceptual design for the Windstar Pointe Resort
Proj ect.
(See Attachment 7, Design Guidelines tab)
EastLake III Planned District Regulations - Text Amendments
Delete pennitted uses from Table B for RMS and add pennitted uses for RM-l. Delete
development standards for RMS and add development standards for RM-1 for Windstar Pointe
Resort based on the site plan.
(see Attachment 7, PC District Regs. tab)
Public Facilities Finance Plan
Amend the applicable sections ofthe PFFP to reflect the change in project characteristics for the
18.4 acre project site
(See Attachment 8)
Affordable Housing
Amend the Affordable Housing program to reflect the Windstar project proposal.
(See Attachment 7, Affordable Housing Tab)
Air Quality hnprovement Plan
Amend the Air Quality Improvement Plan to reflect the change in project characteristics for the
18.4 acre project site. (See Attachment 7, AQIP tab)
Water Conservation Plan
Amend the Water Conservation Plan to reflect the change in project characteristics for the 18.4
acre project site (See Attachment 7, WCP tab)
ANALYSIS:
Land Use
The site is designated Residential Multiple-Family and was changed from Visitor/Tourist
Commercial by Pulte Homes in 2006 in order to accommodate a proposed residential
condominium project for active seniors 55 years of age and above.
Staff believes the current project proposal by Windstar is very comparable to the Pulte Homes
project in tenns of land use, density, design, amenities and environmental preservation (35% of
the 30.5 acre parcel will be devoted to natural open space). Upscale market rate rental housing
PCM-07-21
Page No.5
does not exist in Eastern Chula Vista and this project will expand the diversity of product types
within the community. The proposed project is compatible with the Olympic Training Center
and the surrounding land use designations. The addition of 494 residential units could generate
over 1,000 residents, and enhance the overall OTC and future 12-acre Retail Commercial center
to the north.
Housing staff has analyzed the impact of changing from a senior to a market rate product for the
project site. Policy H 6.2 of the Housing Element of the City's General Plan encourages
development of new senior housing services, along with alternative housing types in locations
with easy access to necessary services. Staff believes the three existing affordable senior
housing projects located east of Interstate 805 (totaling approximately 309 units) along with a
new Senior Assisted Living facility containing an additional 167 units, will provide adequate
housing for seniors who make up approximately 18% of the total population of the City. At the
same time, the proposed Windstar project will provide market rate rental units which are in short
supply in the eastern portion of the City.
EastLake III SPA Plan Amendment
The amendment to the SPA defines the development parameters, including the implementation
of the proposed GDP land use designation, urban design criteria, circulation, public facilities,
Water Conservation Plan, Air Quality Improvement Plan and other necessary components to
ensure the proper integration of the Windstar Pointe Resort project into the existing surrounding
residential, commercial and public-quasi public uses.
The proposed land use change of 18.4 acres from Residential Multiple Family Seniors to
Residential Multiple Family is a change in name only. The only difference is the change from
age restricted occupancy to non-age restricted occupancy and the change from for sale units to
rental units. The other changes to the EastLake III SPA Plan are minor updates in language and
do not involve any substantive policy or planning issues.
EastLake III Planned Community District Regulations Amendments
The EastLake III Planned Community District (PC) Regulations function as the zoning
regulations for the project. The PC District Regulations provide standards and regulations to
guide the development of the site and ongoing regulation of the use of the property. These
regulations are applied in conjunction with the EastLake III Design Guidelines to ensure the uses
within the project are compatible and well designed.
The EastLake III Planned Community District Regulations were adopted in 2001. This
amendment only affects the subject 18.4 acres changing from Residential Multiple Family
Residential Seniors to Residential Multiple Family Residential.
The amendment consists of eliminating the description, provisions and development regulations
associated with the EastLake III Seniors Residential Multiple Family Seniors (RMS) land use
district; and adding a new description, provisions and development regulations for the Windstar
Pointe Resort Residential Multi-Family (RM) land use district. The remaining provisions of the
EastLake III Planned Community District Regulations remain unchanged.
PCM-07-2l
Page No.6
Building Height/Architecture
As with the previous Senior Housing Project, the proposed building height is higher than
typically allowed for Residential (RM) Multi Family. Typically, the maximum height for multi-
family is 3 stories and 35 feet. Like the Senior Project, the applicant is requesting a maximum
height of 4 stories and 50 feet which is one additional story and 15 additional feet more than
what is typical for multi-family development. The actual height of the Senior Project was 4
stories/48 feet. For the Windstar project, buildings will range between 3 to 4 stories (355-50
feet). In addition, the proposed 494-unit luxury apartment project contains 18 buildings. This is
five buildings more than the Senior Housing project. Because the motor court buildings are
significantly lower than the building elevations of the Senior project, a Visual Simulation Exhibit
prepared by the applicant (see Attachment 4) clearly shows that the proposed project would
have fewer visual impacts than the previously approved project The total number of dwelling
units remains unchanged at 494. In addition, buildings will be designed with more articulation
including deeply recessed balconies, varied roof heights, canopies, trellises and courtyards.
Parking
At the time the previous 2006 amendment was adopted, it was anticipated the site would be
developed with a seniors-only housing project. As such, less restrictive parking standards were
adopted than is typical for multi family development. Because the proposed project is not
restricted by age, the parking standards for the new RM-lland use district will be the same as for
all other multi family developments. A total of 921 parking spaces will be provided, which is 38
parking spaces in excess of the 883 spaces required.
EastLake III SPA Amendments - Associated Regulatory Documents
Design Guidelines:
The EastLake III Design Guidelines stipulate design parameters that pertain to site planning,
landscape architecture, architecture and signage for the l8.4-acre site. The Design Guidelines
contain illustrations and written requirements to implement the design ideas presented therein.
Some of the urban design guidelines also emphasize quality design, site development character
and conceptual building/parking/open space relationships within the project. Because of the
importance of unifying themes and designs over an extended period of time until full build out
(approximately 2 years), the Design Guidelines are utilized to ensure overall consistency while
allowing for flexibility on the part of the Design Review Committee at the detailed site plan
level. The EastLake III Design Guidelines have been updated to include the conceptual design
for the Windstar Pointe Resort Project, to ensure that the physical appearance will compliment
the type of other developments within the EastLake III planned community.
EastLake III Public Facilities Finance Plan:
The proposed Public Facilities Financing Plan (PFFP) has been prepared by City consultants
based on water, sewer, traffic, drainage, biology and other technical studies. As required by the
City's Growth Management Ordinance, the proposed amendment to the EastLake III PFFP
analyzes the impact on public facilities and services and identifies the required public facilities
PCM-07-21
Page No.7
and services needed to serve the 18.4-acre site of the Windstar Pointe Resort Project parcel to
maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in
detail the cost, financing mechanism and timing for constructing public facilities.
The public facilities needed to serve the project will be guaranteed by placing conditions of
approval on the design review pennit, payment of outstanding fees at the building pennit stage,
and/or continuing payment of bond payments under the approved Community Facilities Districts
to finance or maintain public facilities. The PFFP consists of the analysis of transportation,
drainage, water, sewer, fire, schools, libraries, parks, and fiscal impacts of the project, and are
discussed as follows:
Transportation
A traffic impact analysis was prepared by traffic consultant, Linscott, Law and Greenspan (LLG)
dated December 2007. The analysis concluded that the proposed project, Windstar Pointe
Resort, would not cause any impacts to the surrounding street network and intersections
requiring mitigation beyond those identified within FEIR 05-02. The traffic analysis for the
proposed project analyzed changes in trip distribution within the project site, traffic volumes,
LOS levels, projections, regional systems, cumulative projects and traffic related impacts upon
the General Plan Update Circulation Element and circulation system and roadways. As
identified within the traffic analysis, the proposed project results in approximately 2,964 average
daily trips (ADT) per SANDAG trip generation figures. This marks an increase of 988 ADTs
from the previously approved Senior Housing Project. However, the prior installation and
operation of the signal light at Wueste Road and Olympic Parkway and the opening in Fall 2007
of the SR 125, and required compliance with the mitigation measures identified within the
EastLake III Senior Housing Project Final Subsequent Environmental Impact Report FEIR 05-
02, will offset any additional traffic volume associated with the project. No significant traffic
impacts were identified in the traffic analysis, and the existing mitigation measures contained in
EIR 05-02 have been detennined to be equally applicable to the proposed project
Circulation:
The Windstar Pointe Resort project will be served by Olympic Parkway, a Four-Lane Major
Arterial Road. Regional access will be provided primarily by SR-125, approximately two miles
to the west. The new toll road opened for traffic in November 2007. 1-805 located approximately
seven miles to the west also provides links to regional transportation facilities. The timing for
installation of required public improvements and financing mechanisms are discussed in the
Windstar Pointe Resort Supplemental Public Facilities Finance Plan (PFFP) (see Attachment 7).
Street improvements required to serve the project are identified in the PFFP and Eastlake Seniors
EIR. These improvements include:
.
Westbound Olympic Parkway: One left-turn lane (with 100 feet of storage) and two
through lanes;
Northbound Olympic Parkway: One left-turn lane and one right-turn lane (with a storage
length of75 feet in each)
Eastbound Olympic Parkway: One shared through/right lane and one through lane;
Relocate the median opening on Olympic Parkway, further west from its current location
to accommodate the proposed project driveway;
A signal shall be installed at the project driveway and two outbound (northbound) lanes,
.
.
.
.
PCM-07-2l
Page No.8
one left-turn and one right-turn inbound (southbound) lanes to be provided and.
· Install a "No U Turn" sign for eastbound traffic on Olympic Parkway at the Olympic
Parkway/Wueste Road intersection.
Drainage
The l8.4-acre site lies within the Otay Lakes Drainage Basin. However, runoff from the site is
diverted into the Salt Creek Basin to prevent impacts to the Lower Otay Reservoir. Presently,
runoff from the site is discharged into a 42-inch pipe and into the city's storm water conveyance
system in Olympic Parkway, which ultimately discharges into Salt Creek.
The project will be conditioned to provide for the conveyance of storm water flows in
accordance with City standards, policies and requirements. The Developer will design, install
and maintain on-site erosion protection. All permanent or temporary erosion control will be
designed to City standards and to the satisfaction of the City Engineer. Further, the project shall
comply with all Federal, State and Local storm water runoff and discharge regulations.
Water
The Otay Water District will provide water service for the Windstar Pointe Resort Project. The
Otay Water District has facilities in the vicinity of the project that can provide water service. It
has been determined by the OWD that the project will not receive recycled water for
landscaping since it is in an area that drains into the adjacent Lower Otay Reservoir. Land that
drains into the Upper or Lower Otay Reservoir is restricted from using recycled water for
landscape irrigation to avoid the potential for contamination of drinking water.
The projected average day potable water demand for the Windstar Pointe Resort Project is
approximately 0.25 mgd. The fire flow is 8,000 gallons per minute (gpm), for a duration of 4
hours which meets the City's requirements. There is adequate off-site storage capacity to meet
both potable water and fire flow demands.
Sewer
Sewer service to the project site is provided by the City of Chula Vista. The Windstar Pointe
Resort Project is located in the Salt Creek drainage basin. The project will connect to the
existing public 8 and l2-inch gravity sewer mains located north of Olympic Parkway in the
approved Neighborhood C-l site of the EastLake SPA Plan. This sewer collects flows generated
from the VR-9, VR-lO, VR-ll and C-l sites and conveys the flows to the IS-inch diameter main
in Olympic Parkway. The IS-inch main connects to the l8-inch Salt Creek Interceptor. The
capacity of these facilities to serve the proposed project has been assessed in the Final EastLake
Peninsula off-site Sewer Capacity Analysis Study dated November 8, 2005, by PBS&J. PBS&J
reviewed the 2005 study for any changes due to the Windstar Pointe Resort and found the 2005
study to be adequate, therefore no changes are required.
Projected wastewater flows from the Windstar Pointe Resort Project will ultimately discharge
into the Salt Creek Interceptor. The EastLake III Seniors Project would have generated an
average flow of 53,300 gpd or 201 EDUs to the Salt Creek Interceptor. The Windstar Pointe
Resort Project will generate 98,800 gpd or 373 EDU's to the Salt Creek Interceptor.
PCM-07-2l
Page No.9
The City's current contracted capacity rights with the METRO are expected to be exceeded in
about five years. However, with an allocation from the Southbay Treatment Plant, additional
capacity will be available. For longer term capacity needs, the new City of Chula Vista Sewer
Master Plan will form the basis for reevaluating the sewer capacity fee so that there is sufficient
funding to acquire the additional capacity rights. Negotiations between the City of Chula Vista
and the City of San Diego to acquire those rights are ongoing.
Fire
Development of the project will cumulatively add to the need for fire service in the area. Fire
Station #8, located at 1180 Woods Drive in EastLake Woods would be the primary station to
serve the project. Response time from Fire Station #8 to Windstar Pointe Resort is within 5
minutes.
Schools
The proposed project will generate an increase in dwelling units with school age population in
the project area. However, area schools are of adequate size to accommodate the additional
school children and therefore, the development will not result in a need for new schools.
The property has been included in the Mello Roos Community Facilties district and bonded to
cover its fair share cost of new elementary, middle and high schools in the EastLake community.
A middle school has been built in the EastLake Woods community at Stone Gate Street and
Hunte Parkway and an elementary school has been built at Hunte Parkway and Clubhouse Drive.
EastLake High School is located at EastLake Parkway and Clubhouse Drive.
Parks
The project is served by the newly constructed Mountain Hawk community park, located
approximately 'l4-quarter mile northeast. The developer will be required to pay in-lieu acquisition
fees along with development PAD fees prior to issuance of building permits.
Water Conservation Plan:
The City's Growth Management Ordinance requires the preparation of a Water Conservation
Plan (WCP) for all major projects in accordance with the City's Water Conservation Plan
Guidelines. The total water demand projected for the Windstar Pointe Resort Project is 0.25
mgd (million gallons per day). Numerous features have been included in the proposed project to
minimize the use of water during the construction and operation of the project. The estimated
potable water savings with conservation measures is 0.009 MGD or 4%.
The water conservation measures incorporated into the project as required by the City's WCP
Guidelines include hot water pipe insulation, pressure reducing valves, water-efficient
dishwashers, dual flush toilets as well as water-efficient landscaping and the use of
evapotranspiration controllers.
The Windstar Pointe Resort Project Water Conservation Plan demonstrates the yalue of
incorporating water conservation measures in buildings and irrigation systems for residential
PCM-07-21
Page No. 10
development. The implementation of these measures will contribute to preserving a valuable
natural resource.
Air Qualitv Improvement Plan (AOIP):
An Air Quality Improvement Plan (AQIP) was prepared for the project in accordance with the
City's Growth Management Ordinance and the Growth Management Program. Air Quality
Improvement Plans must be prepared for all residential projects containing 50 dwelling units or
more.
Consistent with the Chula Vista's AQIP Guidelines, the developer of the project has committed
to participation in the GreenStar Building Efficiency Program. The GreenStar Program requires
the majority (50% or greater) of the structures be designed to exceed the California 2001 Title
24, Part 6, Energy Efficiency Standards (CA 9110, effective 6/1/01) Title 24 by 15%.
Implementation of these construction methods will result in energy efficient buildings as well as
contributing to an improvement in air quality.
Affordable Housinf! Plan:
The proposed Windstar Pointe Resort Project would require the provision of an additional 25
Low Income units (see Attachment 6, Affordable Housing Plan). City Housing staff has
determined that the Project is unable to provide the units within the project itself. Therefore, the
Supplemental Affordable Housing Program (Phase IV) outlines alternative methods of meeting
the affordable housing requirement as follows:
. 25 low income units to be located on the Olympic Training Center;
. 25 low income units outside of EastLake Community; or
. Payment of an In Lieu Fee to the City
The applicant will be required to fulfill this requirement (whether constructed or in-lieu fee)
prior to the issuance of building permits for the project. Windstar proposes to pull building
permit(s) for the entire project sometime shortly after City Council consideration of the project
and after satisfaction of all required conditions of approval.
DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commissioners and has found no
property holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL:
The fiscal analysis identifies the estimated fiscal impact that the proposed amendment from RMS
(Multi-Family Seniors) to Residential High (RM 1) will have on the City of Chula Vista
operation and maintenance budgets. The amended fiscal analysis addresses the 18.4 acre
Windstar Pointe Resort project.
The fiscal analysis presents future reyenues and expenditures in current (2007) dollars. Also,
revenues and expenditures are presented annually, reflecting a conservatively projected
PCM-07-2l
Page No. 11
development absorption schedule based on infonnation provided by the developer. This
approach identifies annual project fiscal surpluses and deficits and represents a more realistic
approach when compared to assumed instant build-out.
The fiscal revenues to the City associated with Eastlake III, inclusive of the proposed Windstar
Pointe Resort project, range from $2.6 million in the first year of development to $ 3 million at
build-out. Fiscal expenditures by the City range from $ 1.9 million in year one to $ 2.6 million at
build-out. The net fiscal impact to the City from Eastlake III is positive throughout the
development and at build-out the net fiscal impact to the City from EastLake III is estimated to
result in a surplus to the City of $466,300 (which includes $34,600 for the proposed Windstar
project).
Attachments
1. Locator Map
2. Planning Commission Resolution
3. Draft City Council Resolutions & Ordinance
4. Addendum to FEIR-05-02
5. Figures
6. Ownership Disclosure Fonn
7. Eastlake III SPA Amendment-Binder
8. Public Facilities Financing Plan amendment
ATTACHMENT 1
LOCATOR MAP
PROJECT
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ATTACHMENT 2
PLANNING COMMISSION
RESOLUTION
RESOLUTION NO. PCM-07-21
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL CONSIDERS THE
ADDENDUM TO FEIR 05-02; APPROVE AMENDMENTS TO THE
EASTLAKE ill SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE ill
PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE
DISTRICTS MAP, PUBLIC FACILITIES FINANCING PLAN AND
ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES LOCATED AT
THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD
WHEREAS, on May 16, 2007, a duly verified application was filed with the City of Chula
Vista Planning and Building Department by PRII Windstar Pointe Resort Master LLC ("Developer"),
requesting approval of amendments to the EastLake ill Sectional Planning Area (SPA) Plan and
EastLake III Planned Community District Regulations and associated regulatory documents
including Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement plan and
Water Conservation plan for 18.4 acres located at the intersection of Olympic Parkway and Wueste
Road ("Project); and,
WHEREAS, a Tentative Subdivision Map to allow 494 condominium units on the project
site was approved based upon the previous Eastlake Seniors project; and
WHEREAS, the new applicant/developer has reconfigured the project which will include
market rate rental units only so that a Tentative Subdivision Map is no longer required; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Quality Act (CEQA) and has determined that the project was covered
in previously adopted Final Subsequent Environmental Impact Report, Eastlake ill Senior Housing
Project, FEIR 05-02. The Environmental Review Coordinator has determined that only minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent documents have occurred; therefore, the Environmental Review Coordinator has
prepared an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake
ill Senior Housing Project, FEIR 05-02; and
WHEREAS, the Planning Commission finds that the Addendum to FEIR-05-02 has been
prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA),
and the Environmental Review Procedures of the City ofChula Vista; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and it mailing to property owners and within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
February 13,2008, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the hearing was thereafter closed.
Now therefore, the Chula Vista Planning Commission makes the following findings:
I. SPA FINDINGS
THE SPA PLAN,AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III
GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN.
The proposed amendments to the EastLake III SPA Plan reflect land uses that are consistent
with the EastLake III General Development Plan and the City ofChula Vista General Plan. The
residential nature of the proposed use would be consistent with the adopted high-density
residential designation for the project site and compatible with the surrounding residential and
open space land uses of the EastLake area.
THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The requested amendments to the Eastlake III SPA plan include a Public Facilities Finance Plan
that outlines the required infrastructure to serve the Project, the timing of installation and the
financing mechanisms to promote the orderly sequentialized development of the Project. The
Project is one ofthe last areas of EastLake III to be developed.
THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED,
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within the
Project Site have been fully analyzed and will not adversely affect the circulation system and
overall land use as previously envisioned in the EastLake III General Development Plan. An
Addendum to FEIR -05-02 has been prepared and the Environmental Review Coordinator has
detennined that any impacts associated with the proposed amendments have been previously
addressed by FEIR-05-02; and thus, the requested amendments to the SPA will not adversely
affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the
surrounding uses.
IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH
DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL
DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A
RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND
STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE
STANDARDS ESTABLISHED BY THIS TITLE.
The proposed project is not an industrial or research project.
THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO
CARRY THE ANTICIPATED TRAFFIC THEREON.
The potential impacts to traffic and circulation have been thoroughly analyzed based upon the
proposed Project resulting in specific requirements that must be complied with at the time of
development within the Project area. This includes payment ofTDIF fees and construction of
project entrance improvements to Olympic Parkway and construction of a traffic signal at the
Project entrance.
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION(S).
The proposed project is not a commercial project.
THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED
IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The proposed amendments are consistent with the previously approved plans and regulations
applicable to surrounding sites and therefore the proposed amendments can be planned and
zoned in coordination and substantial compatibility with said development.
II. PFFP FINDINGS
THE AMENDMENT TO THE EXISITNG PFFP COMPLIES WITH SECTIONS 19.09.050
THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN.
The Eastlake III PFFP amendment for the Windstar Pointe Resort project has been prepared
according to the contents and details outlined in the Municipal Code. It has been submitted
to and reviewed by the Director of Planning and Building who has detennined that the
proposed PFFP amendment complies with the provisions of Section 19.09.080 and is
forwarding the document with corresponding development plan to the Planning Commission
for consideration and public input. Public facilities needed to serve the project were
identified and will be guaranteed by conditions of approval, EIR-05-02, payment ofDIF fees
at the building pennit stage, and/or utilizing Community Facilities Districts to finance or
maintain the public facilities.
THE PROPOSED PFFP AMENDMENT IS CONSISTENT WITH THE OVERALL
GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH
MANAGEMENT PROGRAM, THE EASTLAKE ill GENERAL DEVELOPMENT PLAN
AND THE AMENDED EASTLAKE III SPA PLAN.
The Eastlake III General Development Plan and Eastlake III SPA Plan outline the necessary
public facilities required to meet its land use and circulation objectives ofthe General Plan.
The PFFP Amendment outlines detailed plans for the provision ofthose public facilities as
they relate to the proposed Project.
The PFFP identifies required Development Impact Fees (DIF) fees which must be paid to
help defray costs of facilities which will benefit the project. The estimated fees required by
this project are $ 3,278,826 for transportation facilities and $ 5,589,116 for other applicable
Facilities( exclusive of PAD fees)
The fiscal revenues to the City associated with Eastlake III, inclusive of the proposed
Windstar Pointe Resort project, range from $2.6 million_in the first year of development to
$ 3 million at build-out. Fiscal expenditures by the City range from $ 1.9 million in year one
to $ 2.6 million at build-out. The net fiscal impact to the City from Eastlake III is positive
throughout the development and at build-out the net fiscal impact to the City from EastLake
III is estimated to result in a surplus to the City of $466,300 which includes $34,600 for the
proposed Windstar project).
THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF THE PROJECT
WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS.
As required by the City's Growth Management Ordinance, the PFFP Amendment analyzes
the impact of the project on public facilities and services and identifies the required public
facilities and services needed to serve the project to maintain consistency with the City's
Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing
mechanisms and timing for constructing public facilities required to ensure that development
occurs only when the necessary public facilities exist or are provided concurrent with the
demands of the new development. Certain facility improvements have been identified.
These include the requirements for the construction of a signal at the intersection of Olympic
Parkway and the entrance to the project, other street improvements to Olympic Parkway and
secondary access roadways for emergency access vehicles. In addtion, water conservation
and air quality improvements and fire protection measures along with payment of required
DIF fees will ensure the Project will maintain consistency with the City's Quality of Life
Standards.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft
City Council Resolution and Ordinance approving the Project in accordance with the
findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA THAT a copy ofthis Resolution and the draft City Council Resolution and
Ordinance be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of February, 2008, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
William C. Tripp, Chairperson
ATTEST:
Diana Vargas, Secretary
ATTACHMENT 3
DRAFT CITY COUNCIL
RESOLUTION & ORDINANCE
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONSIDERING THE ADDENDUM TO FEIR-05-02; APPROVING
AMENDMENTS TO THE EASTLAKE III SECTIONAL PLANNING AREA
PLAN, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED
REGULATORY DOCUMENTS FOR 18.4 ACRES AT THE SOUTHWEST
CORNER INTERSECTION OF OLYMPIC P ARKW A Y AND WUESTE
ROAD.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is diagrammatically
represented in Exhibit A attached to and incorporated into this Resolution, and commonly
known as EastLake III, and for the purpose of general description herein consists of 18.4
acres ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and
Building Department on May 16, 2007 by PRII Windstar Pointe Resort Master LLC
("Applicant"), requesting amendments to the Eastlake III Sectional Planning Area Plan, the
Planned Community District Regulations and associated regulatory documents, including
Design Guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and
Water Conservation Plan for the Project Site ("Project); and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Plan Amendment, General
Development Plan and Sectional Planning Area Plan and associated Design Guidelines,
Public Facilities Financing Plan, Water Conservation Plan and Air Quality Improvement
Plan and Comprehensive Affordable Housing Plan previously approved by City Council
Resolution No. 2002-220 on July 17, 2001; and amended on June 20,2006 for the EastLake
III Seniors Project and, 2) Planned Community District Regulations and Land {Jse Districts
Map approved by City Council Ordinance No. 2839 on July 24,2001, and amended by City
Council Ordinance No. 2963 on May 18, 2004; and further amended on June 20, 2006 for
the EastLake III Seniors Project; and, 3) Tentative Subdivison Map approved by City
Council Resolution 2006-191 on June 20, 2006, and
D. Environmental Detennination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Quality Act (CEQA) and has detennined that the
project was covered in previously adopted Final Subsequent Environmental Impact
Report, Eastlake III Senior Housing Project, FEIR 05-02. The Environmental Review
Coordinator has detennined that only minor technical changes or additions to this
document are necessary and that none of the conditions described in Section 15162 of the
State CEQA Guidelines calling for the preparation of subsequent documents have
occurred; therefore, the Environmental Review Coordinator has prepared an addendum to
this document, Final Subsequent Environmental Impact Report, Eastlake III Senior
Housing Project, FEIR 05-02.
E. Planning Commission Record of Application
WHEREAS, the Planning Commission set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500
feet. of the exterior boundary of the Project Site at least ten (10) days prior to the hearing;
and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
February 13, 2008 and voted X-X-X to forward a recommendation to the City Council on
the Project; and,
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the public hearing on the Project held on February 13, 2008 and the minutes and
resolution resulting thererrom, are incorporated into the record of this proceedings; and,
F. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
feet. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing;
and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on March 11, 2008 in the Council Chambers in the
City Hall, Chula Vista Civic Center, 276 Fourth Ayenue, at 6:00 p.m. to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to
the same.
2
NOW THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vita that
it finds, determines, and resolves as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council finds that, in the exercise of their independent review and judgment, the
addendum to FEIR-05-02 in the form presented, has been prepared in accordance with
requirements of the California Environmental Quality Act and the Environmental Review
Procedures ofthe City ofChula Vista and adopts Addendum to FEIR-05-02 .
III. SPA FINDINGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The proposed amendments to the EastLake III Sectional Planning Area Plan reflect
the land uses that are consistent with the EastLake III General Development Plan
and the City of Chula Vista General Plan.
B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The requested amendments to the Eastlake III Sectional Planning Area Plan includes
a Public Facilities Finance Plan that outlines the required infrastructure to serve the
Project, the timing of installation and the financing mechanisms to promote the
orderly sequentialized development of the Project.
C. THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The proposed land use text and statistical amendments to the SP A, and
development standards will not adversely affect the circulation system and overall
land use pattern as previously envisioned in the EastLake III General
Development Plan. An addendum to FEIR-05-02 has been prepared and any
impacts associated with the proposed amendments have been previously
addressed by FEIR-05-02. Thus, the requested amendments to the SPA will not
adversely affect the adjacent land uses, residential enjoyment, circulation or
environmental quality of the surrounding uses.
3
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The proposed proj ect is not industrial or research land use.
E. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE
TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The potential impacts to traffic and circulation have been thoroughly analyzed based
upon the proposed project resulting in specific requirements that must be complied
with at the time of development within the project area. This includes payment of
any required in-lieu fees to pay fair share of cumulative impacts and the construction
of a traffic signal at the project entrance and Olympic Parkway.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCA TION(S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT
SUCH PROPOSED LOCA TION(S).
The proposed project is not a commercial land use.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The proposed amendments are consistent with the previously approved plans and
regulations applicable to surrounding sites and therefore the proposed amendments
can be planned and zoned in coordination and substantial compatibility with said
development.
IV. APPROVAL OF SPA AMENDMENTS
In light of the findings above, the City Council approves the EastLake III Sectional Planning
Area Plan amendment as presented in Exhibit B subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in FEIR-05-02, to the
satisfaction of the Environmental Review Coordinator.
2. Install all public facilities in accordance with the Eastlake III Sectional Planning Area
4
Plan Public Facilities Financing Plan Amendment or as required to meet the Growth
Management Threshold standards adopted by the City. The City Engineer may modify
the sequence of improvement construction should conditions change to warrant such a
reVISIOn.
3. Implement the Federal and State mandated conservation measures outlined in the
Addendum to the Water Conservation Plan for Eastlake III Sectional Planning Area Plan.
4. Prior to approval of building permits for each phase of the Project, the Applicant shall
demonstrate that air quality control measures outlined in the EastLake III Sectional
Planning Area Plan Addendum to the Air Quality Improvement Plan pertaining to the
design, construction and operational phases of the project have been incorporated in the
proj ect design.
5. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall submit to
the Planning and Building Department 20 copies and a CD of the approved amendment to
the EastLake III Sectional Planning Area Plan, EastLake III Planned Community (PC
District Regulations), Design Guidelines, Addendum to the Air Quality Improvement
Plan, Addendum to the Water Conservation Plan and Eastlake III Sectional Planning Area
Plan Public Facilities Financing Plan.
6. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall prepare a
clean copy of the SPA document by deleting all strike out underlines and shading. Where
the document contains both an existing and proposed exhibit, the previous existing
exhibit should be removed and substituted. In addition, the strike-out underlined text,
document format, maps and statistical changes within the EastLake III SPA, PC District
Regulations, Design Guidelines, Water Conservation Plan Addendum and Air Quality
Improvement Plan Addendum for the Windstar project shall be incorporated into the final
document and approved by the Director of Planning for printing.
V. PFFP FINDINGS/APPROV AL
A. THE PUBLIC FACILITIES FINANCING PLAN AMENDMENT
COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100,
REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN.
The amendment to the Eastlake III Sectional Planning Area Plan PFFP has been
prepared according to the contents and details outlined in the Municipal Code. It
has been submitted to and reviewed by the Director of Planning and Building. The
Planning Commission has reviewed the proposed amendments and recommends
adoption by the City Council. Public facilities needed to serve the project were
identified and will be guaranteed by conditions of approval, payment of DIF fees
at the building permit stage, and/or utilizing Community Facilities to finance or
maintain the public facility. Any impacts associated with the proposed
amendments have been previously addressed by FEIR-05-02.
5
B. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES
FINANCING PLAN IS CONSISTENT WITH THE OVERALL GOALS
AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH
MANAGEMENT PROGRAM, AND AMENDED EASTLAKE III SPA
PLAN.
The Eastlake III Sectional Planning Area Plan PFFP outlines the necessary public
facilities required to meet its land use and circulation objectives of the General
Plan. The PFFP outlines detailed plans for the provision of these public facilities
as they relate to the proposed Project. The PFFP identifies any required
Development Impact Fees (DIF) fees which must be paid to help defray costs of
facilities which will benefit the project. The estimated facilities fees required by
this project are $8,867,942. PAD fees are approximately $4,225,818.
The fiscal revenues to the City associated with Eastlake ill, inclusive of the
proposed Windstar Pointe Resort project, range from $2.6 million_ in the first
year of development to $ 3 million at build-out. Fiscal expenditures by the City
range from $ 1.9 million in year one to $ 2.6 million at build-out. The net fiscal
impact to the City from Eastlake ill is positive throughout the development and at
build-out the net fiscal impact to the City from EastLake ill is estimated to result
in a surplus to the City of $466,300 (which includes $34,600 for the proposed
Windstar project).
c. THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF
THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S
QUALITY OF LIFE STANDARDS,
As required by the City's Growth Management Ordinance, the PFFP analyzes the
impact of the project on public facilities and services and identifies the required
public facilities and services needed to serve the project to maintain consistency
with the City's Quality of Life Threshold Standards. The PFFP describes in
detail the cost, financing mechanisms and timing for constructing public facilities
required to ensure that development occurs only when the necessary public
facilities exist or are provided concurrent with the demands of the new
development. Certain facility improvements include requirements for the
construction of a signal at the intersection of Olympic Parkway and the project
entrance. Other required measures are related to fire protection, water
conservation, water quality, air quality and traffic. Implementation of these
measures along with payment of any required DIF fees will ensure the Project will
maintain consistency with the City's Quality of Life Standards.
In light of the findings above, the City Council approves the Eastlake ill Public
Facilities Financing Amendment as presented in Exhibit C.
6
VI. APROV AL OF AMENDMENTS TO ASSOCIATED REGULATORY
DOCUMENTS.
The City Council approves the amendments to the associated regulatory documents
including: the Design Guidelines for Eastlake ill Sectional Planning Area Plan as shown
in Exhibit B.
VII. APPROVAL OF ADDENDUMS TO ASSOCIATED REGULATORY
DOCUMENTS
The City Council approves the Addendums to the Air Quality Improvement Plan and
Water Conservation Plan for Eastlake II Sectional Planning Area Plan as shown in
Exhibit B.
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their tenns, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their tenns, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of future
building pennits, deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted, instituted and prosecute litigate or compel
their compliance or seek damages for their violations. No vested rights are gained by
Applicant or successor in interest by the City approval ofthis Resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every tenn provision and condition herein stated; and that in the
event that anyone or more tenns, provisions or conditions are detennined by the CoUrt of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so detennines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect ab initio.
7
Presented By:
Approved as to fonn by:
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
8
PROJECT
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EXHIBIT C
SEE ATTACHMENT 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE III PLANNED COMMUNITY DISTRICT
REGULA nONS AND LAND USE DISTRICTS MAP FOR 18.4
ACRES AT THE SOUTHWEST CORNER OF OLYMPIC
P ARKW A Y AND WUESTE ROAD
I, RECITALS
A. Project Site
WHEREAS the area of land, which is the subject of this Ordinance is diagrammatically
represented in "Exhibit A" attached to and incorporated into this Ordinance, and commonly known
as Windstar Pointe Resort, and for the general purpose of general description herein consists of 18.4
acres located at the southwest comer of Olympic Parkway and Wueste Road intersection within the
EastLake III Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista Planning and
Building Department on May 16, 2007 by PII Windstar Pointe Resort Master LLC, requesting
approval of amendments to the EastLake III Planned Community District Regulations and Land Use
Districts Map; and,
WHEREAS, the Residential Multi-Family 1 (RM-l) land use district is being created as a
"Project Specific Land Use District" to allow specific types ofland uses only in conjunction with the
construction of the approximate 494 rental units; and
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Plan Amendment, General Development Plan
and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing
Plan, Water Conservation Plan, Air Quality Improvement Plan and Comprehensive Affordable
Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and
amended on June 20, 2006 for the EastLake III Seniors Project; and, 2) Planned Community District
Regulations and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24,
2001, and amended by City Council Ordinance No. 2963 on May 18,2004; and further amended on
June 20, 2006 for the EastLake III Seniors Project; and
D. Planning Commission Record of Application
WHEREAS, the Planning Commission set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a newspaper of
Ordinance No.
Page 2
general circulation in the City, and its mailing to property owners within 500 feet of the exterior
boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
February 13, 2008 and voted X-X-X to forward a recommendation to the City Council on the
Proj ect; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on February 13, 2008 and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of this proceeding; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices ofthe hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 feet of the exterior
boundaries of the Project at least ten (10) days prior to the hearing, and,
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City ofChula Vista on March 11,2008, in the Council Chambers in the City
Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to the same.
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced for
first reading on March 11, 2008 the City Council of the City of Chula Vista approved Resolution
_by which it approved amendments to the EastLake III Sectional Planning Area Plan, Design
Guidelines, the Public Facilities Financing Plan, the Air Quality hnprovement Plan and the Water
Conservation Plan.
G. Environmental Detennination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Quality Act (CEQA) and has detennined that the project was covered
in previously adopted Final Subsequent Environmental hnpact Report, Eastlake III Senior Housing
Project, FEIR 05-02. The Environmental Review Coordinator has detennined that only minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent documents have occurred; therefore, the Environmental Review Coordinator has
prepared an Addendum to this document, Final Subsequent Environmental Impact Report, Eastlake
III Senior Housing Project, FEIR 05-02.
Ordinance No.
Page 3
NOW THEREFORE, the City Council ofthe City of Chula Vista does hereby find, detennine
and ordain as follows:
A. CONSISTENCY WITH GENERAL PLAN
The City Council finds that the proposed amendments to the EastLake III Planned
Community District Regualtions and Land Use District Map are consistent with the City of
Chula Vista General Plan. The residential nature of the proposed use would be consistent
with the adopted high-density residential designation for this project site and compatible with
the surrounding residential and open space land uses of the EastLake area.
B. APPROVAL OF PROPOSED AMENDMENTS
The City Council approves the amendments to the EastLake III Planned Community District
Regulations and Land Use District Map as represented in Exhibit B.
III. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
Presented by:
Approved as to fonn by:
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California,
this _ day of March, 2008, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABST AIN: Councilmembers:
Ordinance No,
Page 4
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the _ day of March, 2008.
Executed this _ day of March, 2008.
Susan Bigelow, City Clerk
PROJECT
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ATTACHMENT 4
ADDENDUM TO FEIR-05-012
ADDENDUM TO
FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT EIR 05-02
PROJECT NAME: EastLake III Windstar Pointe Resort Project
PROJECT LOCATION: The proposed project site is located in the east central
portion of EastLake III SPA area on approximately 30.5
acres, (18.4-acre of graded pad area). The project site is
south of the intersection between Olympic Parkway and
Wueste Road. Olympic Parkway borders the project site on
the west, to the east and south by revegetated slopes and
Wueste Road and the Lower Otay Reservoir, to the north
by Olympic Parkway and planned commercial and
residential development within the EastLake III SPA area.
PROJECT APPLICANT: PRII Windstar Pointe Master LLC
CASE NO:
FEIR 05-02
DATE:
December 10,2007
I. BACKGROUND/SCOPE OF ANALYSIS
The purpose of this Addendum is to address the proposed project, Windstar Pointe
Resort, in replacement of the preyiously approved EastLake III Senior Housing Project.
As the lead agency for the project under the California Environmental Quality Act
(CEQA, Public Resources Code, Sec. 21000 et seq.), the City of Chula Vista prepared
and conducted an environmental analysis (Final Subsequent Environmental Impact
Analysis FEIR 05-02) of the EastLake III Senior Housing Project. Subsequently, the
Final Subsequent Environmental Impact Report (FEIR 05-02) for the EastLake III Senior
Housing Project was certified in June 2006. FEIR 05-02 addressed detailed amendments
to the General Plan, EastLake III General Deyelopment Plan (GDP) and EastLake III
Sectional Planning Area Plan (SPA) to allow for land use change from visitor-serving
commercial use to high density residential land use for the Senior Housing Proj ect. The
General Plan Amendment consisted of redesignating 18.4 acres to "Residential-High"
and the 1.2 acres of designated Open Space remained unchanged. In addition, the
EastLake III GDP was amended to redesignate 18.4 acres of CT-Commercial Tourist
uses to H-Residential High (18-27+ dwelling units/acre) and the 1.2 acres of designated
Open Space remained unchanged. The EastLake III SPA was also amended to eliminate
the Commercial Tourist uses east of the (Olympic Training Center) OTC and instead
provided potential high-density residential development. Components of the SP A
included the proposed change in land use within the Planned Community District
Regulations, Design Guidelines and Public Facilities Finance Plan (PFFP). FEIR 05-02
-
addressed the discretionary actions required to incorporate the changes of land use and
project amendments within the EastLake III SPA.
The environmental impacts of developing the subject site, 19.6-acres, have been
previously analyzed in the prior EIR (FEIR 05-02). Specifically, the physical impacts of
developing the 19.6-acre site were evaluated in EastLake III Senior Housing Project/Final
Subsequent Environmental Impact Report (FEIR 05-02) and are hereby incorporated by
reference. The General Plan and General Development Plan (GDP) land use designation
for this portion of the site is high density residential, and the SPA identifies this portion
of the site for high-density residential development use. Accordingly, the General Plan,
EastLake III SPA including Planned Community District Regulations, Design Guidelines
and Public Facilities Finance Plan (PFFP) were modified to reflect the high-density
residential uses.
The proposed project, Winds tar Pointe Resort, considered in this addendum is an
amendment to the adopted SPA and related development design standards. . The
amendments will remove the Senior Housing Project and replace with the Windstar
Pointe Resort multifamily residential project. The approved tentative map will no longer
be needed as the proposed project, Windstar Pointe Resort, consists of the development
of luxury apartments for lease and does not require a subdivision map, however, a lot line
adjustment will be required.
The proposed amendments to the SPA plan are based upon a new site plan that includes
18 buildings. Seventeen of the buildings to contain motorcourt units and one building
contains a wrap unit with multilevel parking structure within the space of the building.
The wrap building is 3 and 4 stories and the motor court buildings are 2-3 stories in
height. A two-story recreational facility, exterior recreational areas and amenities, passive
green spaces, pools and pedestrian paths are proposed. This luxury apartment project
will be a private gated community. An emergency access road would be graded in the
southwestern comer of the property to allow additional emergency vehicle access to the
project site, exactly as the emergency access road within the Senior Housing Project. No
off site pedestrian trail nor construction road are included as part of the Windstar Pointe
Resort proj ect.
The acreage for residential development would not increase and there would be no
increase in the currently allowed number of dwelling units for the site (494 dwelling units
pennitted). The proposed luxury multifamily use would not result in a net reduction nor
increase in the development intensity allowed on the site, as seen below:
Approved Senior Housing
Development
494 High density residential
senior units on 18.4-acres and
1.2 Open Space
Proposed Windstar Pointe
Resort Development
494 High density residential
apartment units on 18.4-acres
1.2 Open Space
---.
The proposed amendment and related documents to reflect this new development concept
haye been submitted and reviewed.
Mitigation measures from the Mitigation Monitoring and Reporting Programs (MMRPs)
associated with FEIR 05-02 are still valid and applicable to this project. The physical
development of the 18.4 acres and unchanged 1.2 acres of open space has been
previously addressed in the certified EIR. Thus, this Addendum focuses on the proposed
EastLake III SPA amendment and land use change for the 18.4-acre portion of the site
ITom a senior housing project to a luxury apartment development while maintaining the
preyiously approved high-density residential use.
Technical reports prepared for the FEIR 05-02 have been updated to reflect the new
proposed project configuration and layout. The updated technical reports demonstrate
and substantiate that the proposed SPA and Development Standards modifications do not
result in any new significant impacts nor increase in severity of any previously identified
significant impacts. The environmental analysis presented in this document addresses the
modification of the previously approyed SPA plan. Because the modifications to the
SPA plan, PFFP and associated Development Standards would not result in any increase
in allowable floor area nor an adverse expansion of the limits of grading, the proposed
SPA amendment is considered to be adequately covered under FEIR 05-02 and no further
analysis is warranted.
II. PROPOSED AMENDMENTS
The applicant has applied to amend the EastLake III SPA, Development Standards,
Design Guidelines, PFFP in order to replace the previously approved EastLake III Senior
Housing project site. The proposed changes include the following:
a) A new project description and development plans
b) EastLake III SPA, Development Standards and District Regulations to remove
the Senior Housing Project wording and replace with the Windstar Pointe
Resort apartment project. Include a RM-1 district for the Winds tar Pointe
Resort project with development standards addressing height, setback, and
design standards. Including adding the RM -1 land use district definition and
design standards into the Land Use District Regulations and exhibits.
c) Public Facilities Finance Plan Amendment to address the public facility needs
associated with the proposed Windstar Pointe Resort project.
d) Elimination of the previously approved off-site trail and construction road
e) Affordable Housing Update
f) Project-Specific Technical Studies and Analysis Updates
III. CEQA REQUIREMENTS
Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's
responsibilities in handling new infonnation that was not included in a project's certified
environmental document. Section 15162 ofthe State CEQA Guidelines provides:
(a) When an EIR has been certified or a negative declaration adopted for a
project, no subsequent ErR shall be prepared for that project unless the
lead agency detennines, on the basis of substantial evidence in the light of
the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require
major revisions of the previous ErR or negative declaration due to
the involvement of new significant environmental effects or a
substantial increase in the severity of preyiously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions
of the previous ErR or negative declaration due to the involvement
of new significant enyironmental effects or a substantial increase
in the severity of previously identified significant effects; or
(3) New infonnation of substantial importance, which was not known
and could not have been known with the exercise of reasonable
diligence at the time the previous ErR was certified as complete or
the negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not
discussed in the previous ErR or Negative Declaration;
b. Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially
reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or
alternative; or
d. Mitigation measures or alternatives which are considerably
different from those analyzed in the previous ErR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
Section 15164 of the State CEQA Guidelines provides that:
A.
The lead agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none
of the conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred.
B.
An addendum need not be circulated for public review but can be
included in or attached to the final EIR.
c.
The decision-making body shall consider the addendum with the
final EIR prior to making a decision on the project.
D.
A brief explanation of the decision not to prepare a subsequent EIR
pursuant to Section 15162 should be included in an addendum to
an ErR, the lead agency's required findings on the project, or
elsewhere in the record. The explanation must be supported by
substantial evidence.
This Addendum has been prepared pursuant to the requirements of Sections 15162 and
15164 of the State CEQA Guidelines. The proposed changes to the project do not
constitute a substantial change to the previously approved project. The modifications
proposed would not result in any environmental effects that were not considered in the
Final Subsequent Environmental Impact Report FEIR 05-02, nor would the changes
increase the severity of any of the impacts identified in this EIR. There has been no
significant material change in circumstances relative to the project, and no new
information of substantial importance has become available after the preparation of the
Senior Housing Project EIR. The mitigation measures identified in FEIR 05-02 would be
equally applicable to the revised project. Therefore, in accordance with Sections 15162
and 15164 of the State CEQA Guidelines, the City has prepared this addendum to Second
Tier FEIR 05-02.
IV. ANALYSIS
Updates to technical studies previously prepared for the EastLake III Senior Housing
Project, Final Subsequent Environmental Impact Report (EIR 05-02) have been prepared
to address the proposed project, Windstar Pointe Resort, and identify any potential
impacts. An updated traffic study fully considers project specific and cumulative traffic
impacts associated with the newly proposed project. A City approved traffic consultant
has prepared the Traffic Impact Study. Additional technical study updates to air quality,
water quality, hydrology/drainage, sewer, geology, noise and firewater service studies
have been prepared. No new significant impacts were identified in the updated technical
studies regarding the proposed project, Windstar Pointe Resort, beyond those identified
in FEIR 05-02. Therefore, no new additional mitigation measures nor modifications to
existing mitigation measures are required.
Aesthetics
The proposed 494-unit luxury apartment project contains 18 buildings. This is five
buildings more than the Senior Housing project, however, based upon a Visual
Simulation Exhibit and project building eleyations, the proposed project would have
fewer visual impacts than the previously approved EastLake Seniors project. The total
number of dwelling units remains unchanged at 494. In addition, buildings will contain
deeply recessed balconies, attached roofs, canopies, trellises and courtyards to provide
more visual articulation in the building facades than the approved Senior Housing
project. No new sources of light and glare impacts have been identified. Proposed
buildings would encroach into scenic highway setback, however, a corridor study has
been prepared showing fewer visual impacts then preyiously approved project. No
additional significant impacts to aesthetics beyond those anticipated in EIR 05-02 are
anticipated with the proposed project. The mitigation measures identified in FEIR 05-02
have been detennined to be equally applicable to the revised project.
Air Qu-ality
An Air Quality Study, dated January 2008, was prepared by Dudek to access potential air
quality impacts associated with the proposed project. The study analyzed short-tenn
construction impacts, long tenn and cumulative impacts including project emissions. The
air quality study update analyzed the specific project changes as a result of the trip
generation and volume trips increased by the proposed project. However, no additional
significant air quality impacts were identified in the Air Quality Study, and the mitigation
measures identified in FEIR 05-02 have been detennined to be equally applicable to the
revised project and no new mitigation measures or modification to existing mitigation
measures are required.
Land use
The proposed amendments would not conflict with the surrounding land uses nor intent
of the General Plan. The residential nature of the proposed use would be consistent with
the adopted high-density residential designation for the project site and compatible with
the surrounding residential and open space land uses of the EastLake area. The proposed
amendment to the SPA Plan does not result in an increase in residential units, and the
limits of grading remain the same as that originally addressed in the approved SPA plan
and Senior Housing Project. No additional significant impacts to land use above those
anticipated in FEIR 05-02 are anticipated with the proposed project. No significant
impacts were identified regarding land use, planning and zoning and, therefore, no
mitigation measures were required with respect to the EastLake III Senior Housing
Project FEIR 05-02 concerning land use. No mitigation measures are recommended for
the proposed proj ect, Windstar Pointe Resort.
Transportation, Circulation and Access
A traffic impact analysis was prepared by traffic consultant, Linscott, Law and Greenspan
(LLG) dated December 21, 2007. The analysis concluded that the proposed project,
Windstar Pointe Resort, would not cause any impacts to the surrounding street network
and intersections requiring mitigation beyond those identified within FEIR 05-02. The
traffic analysis for the proposed project analyzed changes in trip distribution within the
project site, traffic volumes, LOS levels, projections, regional systems, cumulative
projects and traffic related impacts upon the General Plan Update Circulation Element
and circulation system and roadways. As identified within the traffic analysis, the
proposed project results in approximately 2,964 average daily trips (ADT) per SANDAG
trip generation figures. This marks an increase of 988 ADTs from the previously
approved Senior Housing Project. However, the prior installation and operation of the
signal light at Wueste Road and Olympic Parkway and the opening in Fall 2007 ofthe SR
125, and required compliance with the mitigation measures identified within the
EastLake III Senior Housing Project Final Subsequent Environmental Impact Report
FEIR 05-02, will offset any additional traffic volume associated with the project. No
significant traffic impacts were identified in the traffic analysis, and the existing
mitigation measures contained in EIR 05-02 have been determined to be equally
applicable to the proposed project.
Drainage and Water Quality
Rick Engineering prepared a preliminary drainage study, dated January 4, 2008, to
evaluate any changes in drainage patterns and runoff rates created by the proposed
project. The updated study indicates that the proposed changes to the site will not result
in any previously unidentified significant hydrologic impacts nor identified any new
hydrologic impacts. The mitigation measures contained in FEIR 05-02, for the approved
Senior Housing Project, would be equally applicable to the proposed project, Windstar
Pointe Resort.
A preliminary Water Quality Study for the Windstar Pointe Resort, dated January 4,
2008, was prepared by Rick Engineering, to evaluate the change to the storm water
quality as a result of the proposed project. The study concluded that the proposed
changes to the site will not result in any previously unidentified significant or new water
quality impacts. The mitigation measures contained in FEIR 05-02, for the approved
Senior Housing Project, would still be applicable to the proposed project.
Noise
An Acoustical Assessment Report, dated January 9, 2008, was prepared by Dudek to
evaluate potential noise impacts created by the proposed project to surrounding areas and
noise impacts to the proposed project area. The proposed project contains the same
number of units, similar project design, auxiliary components and amenities. The
building placement is similar along Olympic Parkway and results in similar noise impacts
to those identified in the FEIR 05-02. The acoustical report does not identify any
significant noise impacts and the mitigation measures called out in FEIR 05-02 have been
determined to be equally applicable to the proposed project.
Public Services, Systems and Facilities
According to the On-Site Water Study prepared by PBSJ Company, dated November 30,
2007, the anticipated Maximum Day Demands (MDD) is 896,061 gpd and Average Day
Demands (ADD) is 248,914 gpd. The Senior Housing Project estimated maximum day
demand was 296,400 gpd. Although, there is an increase in demand and service units,
adequate water supply will be provided to meet peak hour demand, minimum 40 psi
pressure and continue to serve long term facilities. The existing 12" water main located
on Olympic Parkway will continue to provide service to the project site, similar to the
Senior Housing project, according to the Otay Lakes Water District Will Serve Letter for
the Windstar Pointe Resort dated December 21, 2007. In addition, the Otay Water
District approved the preliminary On-Site Water and Fire Service Studies on December
20,2007 and January 11, 2008, respectively. The project will have no significant impacts
to the existing regional water system and not require aI}.y additional off-site
improvements to facilitate the proposed project.
Rick Engineering prepared an On-site Private Sewer Analysis, dated October 10, 2007,
and Off-site Sewer Capacity Analysis for the Windstar Pointe Resort, dated September
18, 2007 to address potential sewer system impacts. Based upon the sewer flow
calculations, capacity information for the project design and connection to the existing
system no additional service systems and facility impacts were identified. The analysis
results are consistent with the projected peak design flows indicated in the approved Final
EastLake Pensinsula Off-Site Sewer Capacity Analysis Study, prepared by PBS&J, dated
November 8, 2005 and other technical studies contained within the Final Subsequent
Environmental Impact Report, FEIR 05-02. The updated technical studies confirm that
there will not be any significant impacts or changes in the anticipated wastewater
generation or potable water demand from what was previously considered in FEIR 05-02.
Based upon the updated on-site and off-site sewer capacity analyses and the Otay Water
District will-serve correspondence, no significant demands to public services and
facilities, including water and sewer, are anticipated. No significant impacts beyond
those previously identified in FEIR 05-02 are anticipated, and the mitigation measures
contained within FEIR 05-02 will be equally applicable to the revised project.
Geol02ical Hazards
An updated Geotechnical Investigation, dated April 17, 2007, was prepared by Geotech
Incorporated to evaluate the project design and potential impacts. The report concluded
that no geological significant conditions are apparent that would prevent deyelopment of
the project site. No further impacts were identified, therefore, no new mitigation
measures required. Therefore, no new impacts with regard to geological hazards are
anticipated and the mitigation measures identified in EIR 05-02 will be applicable to the
revised project.
v. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the
above discussion and substantial evidence in the record supporting said discussion, I
hereby find that the proposed project will result in only minor technical changes or
additions which are necessary to make the Environmental Impact Reports adequate under
CEQA.
Attachments:
1. Project Site Plan(s)
2. Executive Summary to EIR 05-02
References:
City ofChula Vista Environmental Review Procedures
City ofChula Vista General Plan Update
EastLake III SPA Plan and Final Map, Final Environmental Impact Report EIR (EIR 01-01)
EastLake III Senior Housing Project Final Subsequent Environmental Impact Report EIR (EIR 05
02), certified June 2006
EastLake III General Development Plan (GDP), adopted July 17,2001
EastLake III Sectional Planning Area Plan (SPA), adopted July 17, 2001
City of Chula Vista Housing Element
City ofChula Vista, Affordable Housing Program
Technical StudieslInformation for Windstar Pointe Resort
Acoustical Assessment Report prepared by Dudek, dated January 9,2008
Air Quality Impact Analysis prepared by Dudek, dated January 2008
Traffic Impact Analysis, prepared by LLG Engineers, dated December 21, 2007
Geotechnical Investigation, prepared by Geotechnics Inc., dated April 17, 2007
Off-Site Sewer Capacity Analysis, prepared by PBSJ, dated September 18, 2007
On-Site Sewer Analysis prepared by PBSJ, dated October 10, 2007
Preliminary Drainage Study, prepared 1;>y Rick Engineering, dated January 4,2008
Preliminary Water Quality Study, prepared by Rick Engineering, dated January 4,2008
On-Site Fire Service Study, prepared by PBSJ, dated January 3, 2008
On-Site Water Study, prepared by PBSJ, dated November 30, 2007
OWD Comment Letter dated December 21,2007
Fire Access Plan, prepared by Rick Engineering
Visual Simulation Exhibit
[]
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SECTION 1.0
EXECUTIVE SUMMARY
1.1
INTRODUCTION
This Environmental Impact Report (EIR.) has been prepared by the City of Chula Vista (City) as
lead agency pursuant to the California Environmental Quality Act (CEQA) Public Resources
Code 21000 et. seq., and the State CEQA Guidelines (California Code of Regulations, Section
15000 et. seq.). This EIR has been prepared to evaluate the environmental effects of the
proposed EastLake III Senior Housing Project.
1.2 PURPOSE AND NEED
As discussed in the proposed EastLake III SPA Amendment, the objectives for the SPA Plan are
to:
.
Assure a high quality of development, consistent with City and Community goals and
objectives, the Chula Vista General Plan and EastLake III General Development Plan.
.
Create an economically viable plan that can be realistically implemented within current
and projected economic conditions.
.
Provide for orderly planning and long-range development of the project to ensure
community compatibility.
..
Establish' the. necessary rramework for air identified' finaricing mecharusms.to facilitate'
adequate community facilities, such . as trarisportation, water, flood control, sewage
disposal, schools and parks and provide adequate assurance that approved development
will provide the necessary inrrastructure, when needed, to serve the future residents of
EastLake III.
.
Preserve open space and natural amenities.
.
Establish a planning and development rramework which will allow diverse land uses to
exist in hannony within the community.
EastLake III Senior Housing EIR
June 2006
ATTACHMENT 2
1.0 EXECUTIVE SUMMARY
1.3
PROJECT LOCATION
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As depicted on Figures 1-1,1-2 and 1-3, the project is located within the eastern portion of the
EastLake Community of the City of Chula Vista. The project area is situated adjacent to the
Olympic Training Center and directly west of the Lower Otay Reservoir.
1.4 PROJECT DESCRIPTION
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The proposed project involves amendments to the General Plan, EastLake III General
Development Plan (GDP) and EastLake III SPA Plan to allow for the proposed land use change
from visitor-serving commercial to high density residential. The General Plan Amendment
would consist of redesignating 18.4 acres to "Residential-High." The 1.2 acres of designated
Open Space around the site would remain unchanged. The EastLake III GDP would also be
amended to redesignate 18.4 acres of "CT-Commercial-Tourist" uses to "H-Residential High
(18-27+ dwelling units per acre). The remaining1.2 acre "Open Space" designation would
remain unchanged. Finally, the EastLake III SPA would also be amended, specifically to
eliminate the Commercial Tourist uses previously environed east ofthe OTC and instead provide
for high density residential development. Components of the SPA, including the Planned
Community District Regulations, Design Guidelines and Public Facilities Finance Plan (PFFP)
would all be modified to reflect this proposed change in land use. The SPA also includes a
specific Affordable Housing Program, Air Quality Improvement Plan and Water Conservation
Plan for the proposed seniors project.
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The 494-unit senior housing project would consist of 13 courtyard style buildings, each four
stories tall oyer a parking structure (see Figur~ 1-:-4). The project would also include fitness
facilities, recreational rooms, two view corridor/parks and a pedestrian paseo around the outer
perimeter. An on- and off-site emergency access would also be constructed. This emergency
access would be located in the southwestern portion of the site, and would allow emergency
vehicles a second access to the site via the Olympic Training Center parking lot. This senior
housing community would be gated, and housing units would be "for sale." The densities and
unit numbers proposed would result in approximately 1,235 new residents.
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The project architecture will consist of southern Spanish designs, and be arranged to mirror
Mediterranean hillside towns. Buildings will include deeply recessed balconies, attached roofs,
canopies, trellises and courtyards to provide visual breaks in the building fayade. The rotation of
each building was an intentional effort to break-up the appearance of building mass. The single
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June 2006
1-2
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1.0 EXECUTIVE SUMMARY
level recreational club will be located at the eastern edge of the property. The recreational club
will serve as a focal point for the project.
The site has been graded in accordance with approved grading permits. However, portions of the
site will need to be raised four to five feet to create a gradual elevation change on the eastern
portion of the site. This would result in a "stepped" effect away from the Lower Otay Reservoir
and would maximize the views of all residential units. This will require a total of 173,500 cubic
yards of fill. Simultaneously, the underground parking garages will need to be excavated
approximately 10 feet to establish a 12-foot underground garage space. The excavation will
generate approximately 173,500 cubic yards of excess soil. The cut and fill requirements of the
site will balance, thereby eliminating the need to export or import fill material. Finished first
floor elevations will range rrom 560.5 to 578 feet.
A total of 963 spaces will be provided on the project site, meeting the City's parking
requirements for the intended land use.
Discretionary actions for the EastLake III Senior Housing project include:
.
General Plan Amendment
EastLake III General Development Plan (GDP) Amendment
EastLake III Sectional Planning Area (SPA) Amendment
Tentative Map for the EastLake III Senior Housing Project.
.
.
.
The following additional permits/approvals may be required of other Responsible Agencies:
. .
.
San Diego Regional Water Quality Control Board: CWA 401 Water Quality
Certification (potential), Storm Water Discharge Permit and approval of the Storm Water
Pollution Prevention Plan (SWPPP)
Optional Facilities
The proposed buildings will be constructed in several phases. In order to avoid potential
conflicts between project residents and construction activities, the applicant is proposing a
temporary, off-site construction access road will be constructed south of the existing graded pad.
The proposed road would be approximately 20 feet wide and approximately 600 feet lo~g and
would extend from Wueste Road to ~he edge of the project boundary. The roadway area will
encompass approximately 15,000 square feet (0.50 acre) and will not exceed a 12 percent slope.
EastLake III Senior Housing EIR
4643-01
June 2006
1-7
1.0 EXECUTIVE SUMMARY
I
1
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The graded roadway will be covered with stabilized decomposed granite to allow for drainage.
Once construction has been completed, the road would be removed, regraded and revegetated to
preexisting slope conditions. This temporary construction access road is not required for
construction of the project and is therefore identified in this EIR as an "optional" project feature.
An off-site trail connecting the proposed project with the Olympjc Training Center to the west, is ,
also being analyzed in this EIR. This offsite trail would connect the proposed project (via the
southwest corner) with the OTC trail system. This trail would be approximately 5 feet in width
and entail dedication of a 30 foot easement across OTC property. The trail would be constructed
with a pervious surface, such as decomposed granite, to allow for unimpeded drainage. This trail
is being considered by the applicant as an "optional" facility and is analyzed in this EIR.
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Impact characterizations are broken out for each optional facility in the impact sections of the
EIR.
1.5 SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION
Initial scoping of the project concluded that, the proposed project would not significantly affect
the following environmental categories: agricultural resources, cultural resources, hazards/risk of
upset, mineral resources and housing and population. Based on the initial scoping, the City
determined that an EIR was required to more fully investigate project effects to landform
alteration and aesthetics, air quality, biological resources, geology and soils, water quality and
hydrology, land use and planning, noise, traffic and transportation, public services and utilities
and paleontological resources.
, I
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The following table, Table 1-1, provides a summary of environmental impacts and mitigation
measures related to the proposed proj ect:
I
1.6 PROJECT ALTERNATIVES
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In developing alternatives to be addressed in this EIR, consideration was given regarding their
ability to: (1) meet the basic objectives of the project described in Section 3.0; and (2) eliminate
significant environmental impacts as identified in Section 5.0 of this EIR. Based on the above
parameters, three alternatives were identified. The Alternatives discussion in this EIR addresses
the no development alternative, an alternative that would result in the continued development of
the site under the Commercial-Tourist land use designation and reduced density alternative
(single family residential similar to surrounding development).
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EastLake III Senior Housing EIR
4643-01
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1.0 EXECUTIVE SUMMARY
No Project/No Development Alternative
The No Development Alternative assumes that the project site would not be developed and the
entire project site would remain undeveloped.
Existing land Use Designation (Commercial - Tourist) Alternative
The existing land use designation for the project site is for Commercial-Tourist uses. The
Existing Land Use Designation Alternative would result in the continued development of the site
for Commercial-Tourist uses. No amendments to the General Plan or EastLake III GDP would
be necessary. Since the FSEIR #01-01 addressed the development of the project site for
commercial-tourist uses; the impact characterization is a summary of conclusions :ITom the
FSEIR #01-01. In cases where FSEIR #01-01 did not differentiate the impacts related to the
specific proj ect site and instead referred to impacts from development of the larger Woods and
Vistas project, an independent analysis was provided.
Reduced'Density Alternative (single family residential [Similar to surrounding
development])
f
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The Reduced Density Alternative would consist of single family residential uses that are typical
of the surrounding environment. In addition, the amount of units would be less, approximately
56 for the entire site. This was, estimated by assuming that these single family residential units
would be similar in size and style and be located on lots similar in size to surrounding
developments.
Table 1-2, Comparison of Project Alternatives, gives a summary of all project alternatives.
1
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Eastlake III Senior Housing EIR
4643-01
June 2006
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ATTACHMENT 6
OWNERSHIP DISCLOSURE FORM
~~I~
~~-:-;
CllY OF
CHULA VISTA
P I ann
ng & Building
Planning Division
Department
Development Processing
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g" owner, applicant, contractor, subcontractor, material supplier,
PRII Windstar Pointe Master LLC
Win:lstar Ibinte uc
Windstar CommunitiesLLC
PRII Eastlake Chula Vista CA LLC
ThePrudent1al Insurance Company of America
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Numerous - Available Upon Request
3, If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4, Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Eric L. Heffner - Windstar Communities Jce Harrn::rrl- Rick ~
Bud Gray B..:d Gray & ~lates JEnUter D..Itty H:E&J
I:ani.an'Iai"t:arQICblleen Bat:b:jate - IcrG'{ M:rt:t F.:g3n - G:d:a:irri.cs
5. Has any person* associated with this contract had any financial dealings with an officialU of the City of Chula
Vista as it relates to this contract within the past 12 months, Yes_ No~
If Yes, briefly describe the nature of the financial interest the officialu may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~ Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
City Of Chula Vista
Disclosure Statement - Page 2
7, Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No ~
If Yes, which official** and what was the nature of item provided?
Date:
5/9/07
~
Signature 0 Contractor/Applicant
Eric L. Heffner, Senior vice President, Windstar
Print or type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
ATTACHMENT 7
EASTLAKE III SPA-AMENDMENT BINDER
(ATTACHED)
ATTACHMENT 8
PUBLIC FACILITIES FINANCING
PLAN AMENDMENT (ATTACHED)