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HomeMy WebLinkAboutPlanning Comm Rpts. /2005/06/08 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, June 8, 2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Cortes_ Felber_ O'Neill_ Hom _ Madrid_ Hall_ Trip1L- ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS 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. 1. PUBLIC HEARING: This is a continued public hearing from the May 25, 2005 Planning Commission meeting. PCM-03-02; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to revise the Village One, Village One West and Village Five Site Utilization Plan Map by re-designating the land use designation of seven existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park to Community Purpose Facility (CPF). Applicant: Otay Project, LP. PCZ 03-04; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to modify the SPA One Planned Community District Regulations, Zoning District Map by rezoning seven existing privately-owned and maintained HOA recreation facilities from Open Space/Park to Community Purpose Facility (CPF). Applicant: Otay Project, LP. PCC 03-83; Request to consider granting a Conditional Use Permit for the operation of seven existing privately- owned and maintained HOA recreation facilities/site located in Village One, Village One West and Village Five Planning Commission - 2 - June 8, 2005 to the Otay Ranch One Community Association, Otay Ranch Three Community Association and Otay Ranch Five Community Association respectively. Applicant: Otay Project, lP. Project Manager: Harold Phelps, Associate Planner 2. PUBLIC HEARING: PCC 05-43; Conditional Use Permit to allow an adult educational facility located in an existing building at 2060 Otay lakes Road in the Eastlake Professional Plaza, Eastlake Commercial District, PA, Professional and Administrative Zone. Project Manager: Caroline Young, Sr. Planning Tech. 3. PUBLIC HEARING: PCC 05-21; Conditional Use Permit to allow Bonita Country Day School to continue to operate a private non- profit elementary school for an interim period of five years at 625 Otay lakes Road in the Bonita long Canyon Planned Community, Public Quasi Zone. Project Manager: Caroline Young, Sr. Planning Tech. 4. REPORT: Briefing on GMOC Growth Management Program "Top- to-Bottom" Recommendations. Manager: Dan Forster, Growth Management Coordinator DIRECTOR'S REPORT: COMMISSION COMMENTS: 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. PLANNING COMMISSION AGENDA STATEMENT Item:L Meeting Date: 06/08/05 ITEM TITLE: Public Hearing: PCM-03-02; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to revise the Village One, Village One West and Village Five Site Utilization Plan Map by re-designating the land use designation of seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF). Applicant - Otay Project, LP. PCZ-03-04; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to modify the SPA One Planned Community District Regulations, Zoning District Map by rezoning seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF). Applicant - Otay Project, LP. PCC-03-83; Request to consider granting a Conditional Use Permit (CUP) for the operation of seven (7) existing privately-owned and maintained (HOA) recreation facilities/site located in Village One, Village One West and Village Five to the Otay Ranch One Community Association, Otay Ranch Three Community Association and Otay Ranch Five Community Association respectively. Applicant - Otay Project, LP. Otay Project, LP (Otay Ranch Company) requests an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes of rezoning seven (7) existing recreation sites (private parks) currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). These parcels, which are located in Villages One, One West and Five of Otay Ranch, are fully constructed recreation sites owned and maintained by private Homeowner's Associations (Otay Ranch One Community Association, Otay Ranch Three Community Association and Otay Ranch Five Community Association). In addition, the three homeowner's associations request issuance ofConditional Use Permits for these facilities. The purpose of this amendment is "clean-up" in nature to the Otay Ranch SPA One Plan. This amendment would add a CPF Master Plan supplement to the document text and would bring the SP A One into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Chapter 19.48, Section 19.48.025 ofthe Chula Vista Municipal Code. ENVIRONMENTAL STATUS: The City's Environmental Review Coordinator conducted an Initial Study (IS-03-031) on the project Page 2, Item_ Meeting Date 06/08/05 for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97 -03). Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the Planning Commission adopt: · Resolution No. PCM-03-32 recommending the City Council adopt a Resolution amending the Otay Ranch SPA One Plan Site Utilization Map, and adopt an Ordinance to modify the SP A One Planned Community District Regulations, Zoning District Map, to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF). · Resolution No. PCC-03-83 recommending the City Council adopt a Resolution granting a Conditional Use Permit (CUP) for the operation of seven (7) existing privately owned and maintained recreation facilities/sites located in Village One, Village One West and Village Five. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: 1. Background In 1996, the City Council approved the SPA Plan for Villages One, One West and Five. The plan contained seven (7) pedestrian parks as well as neighborhood parks all of which were zoned Open Space-Park (OS/P) in the Planned Community District Regulations of the SPA Plan. The two (2) neighborhood parks and an off-site contribution to the Village Two Community Park as provided for in the Otay Ranch GDP satisfied the project's park obligation. The pedestrian parks did not receive credit but were planned and zoned OS/P. In 2003, the CPF Ordinance ofthe Planned Community Zone, Section 19.48.025 ofthe Chula Vista Municipal Code was amended to allow for "Recreational Facilities" as a permitted use. This use allows for "Recreational facilities, such as ball fields, for non-profit organizations (including homeowner's associations serving the local community subject to the requirements outlined in 19.48.040(B)(6)(d) and subject to the findings outlined in subsection (H) of 19.48.025. The applicant has complied with the application requirements identified in 19.48. 040(B)( 6)( d). Findings required in Section 19.48.025(H) have been evaluated in Attachment #5, Planning Commission Resolution No. PCC-03-83, attached to this report. Page 3, Item_ Meeting Date 06/08/05 2. Site Characteristics The seven (7) existing privately owned and maintained recreation facilities located throughout Villages One, Five and One West in the SPA One area ofOtay Ranch. Originally, the facilities were planned for Open Space/Park sites intended to serve as neighborhood "amenities" for the village residents. As the single-family neighborhoods were developed, the master developer of the sites, Otay Project, LP designed and developed these small one to two-acre sites to provide for neighborhood recreation activities such as tot-lots, swimming pools, soccer fields, basketball courts, picnic areas, and a focal point for gathering places. Each of the facilities were built by the master developer and are now owned and operated by Master Homeowner's Association(s). In compliance with the policies described in the Otay Ranch General Development Plan and the subsequent Otay Ranch SPA One Plan, the Planned Community (PC) Zone, Chapter 19.48 of the Chula Vista Municipal Code requires each community, or in this case a village, to provide land for Community Purpose Facilities (CPF). The Community Purpose Facility Ordinance, Section 19.48.025 of the CVMC requires 1.39 acres for CPF land for every 1,000 residents of the village. SP A One requires an obligation of 28.2 acres of land. A total of 23.6 acres of land have been provided, subject to the consideration ofthis amendment, leaving a shortfall of 4.6 acres. Pursuant to the policies of the Otay Ranch General Development Plan, CPF acreage obligations may be transferred between villages and SPA areas. 2. General Plan. Zoning and Land Use General Plan The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores," surrounded by single-family homes in the secondary residential areas outside of the village cores. Zoning The subject properties are currently zoned within the SPA One Planned Community District Regulations as Open SpacelPark (OSIP). The proposal includes rezoning the seven recreational sites to Community Purpose Facility (CPF) pursuant to the adopted amendments to the CPF Ordinance in the Planned Community Zone, Chapter 19.48, Section, 19.48.025. Chapter 19.48. P-C -- Planned Community Zone, requires that a minimum of 1.39 acres of Community Purpose Facilities (CPF) land per 1,000 persons be provided in communities within the P-C Zone. Pursuant to Municipal Code section 19.04.055, CPF means "a land use designation in a planned community intended for non-profit and certain for-profit land uses..." Page 4, Item_ Meeting Date 06/08/05 Chapter 19.48.025 provides the following list of uses permitted within the CPF zone, subject to approval of a Conditional Use Permit: 1. Boy Scouts, Girl Scouts, and other similar organizations; 2. Social and human services activities, such as Alcoholics Anonymous; 3. Services for homeless; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; 7. Non-profit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary uses are subject to further requirements and additional criteria as outlined in Section (F) below; 8. Private schools that are ancillary to any of the above; 9. Interim uses, subject to the findings outlined in 19.48.025(E); 10. Recreational facilities, such as ball fields, for non-profit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in 19.48.040(B)(6)(d) and subject to the findings outlined in 19.48.025(H). Municipal Code section 19.48. 040 requires the preparation of a CPF Master Plan when recreational facilities are proposed to be located in a CFP land use district. The Master Plan "shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the director of planning and building); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual site acreages which shall be prepared and incorporated into the planned community's sectional planning area (SPA) plan... The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to Sections 19.48.080 and 19.48.13 0." The total acreage required may be reduced by the City Council in certain circumstances, such as when shared parking facilities are available with other facilities. The sites identified in the CPF Master Plan are designated in the SPA One Planning Community District Regulations as "CPF" to meet the City's requirements. Land Use Villages One, Five and One West have been developed over the last several years and are almost built-out. The seven privately owned and maintained recreational facilities are generally located within the secondary single-family residential areas ofthe Otay Ranch Urban Villages. 3. Proposed Plan The application involves a request to amend the Otay Ranch SPA One Plan by modifying the land use designations on the Site Utilization Map from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) and rezoning said parcels on the Zoning District Map from OSIP to CPF. This Page 5, Item_ Meeting Date 06/08/05 proposal would provide the master developer with additional CPF "credits" in order to fulfill it's CPF obligations pursuant to the requirements described in the Planned Community Zone, CPF Ordinance of the CVMC, Chapter 19.48.025. The master developer also seeks issuance of Conditional Use Permit(s) for said facilities (see Attachment No. I). The original SPA One Plan identified four (4) CPF sites, two in Village One and two in Village Five. The tabulation of CPF land in SPA One had identified a shortfall in obligation, however, the Otay Ranch GDP allows for transfer of obligation from one village to another. The new CPF Master Plan boundary encompasses Otay Ranch SPA One (Villages One, Five and One West). The proposal includes seven (7) additional sites, which are geographically distributed throughout SPA One to make facilities and services accessible to the local community. These private recreational facilities are conveniently located in neighborhoods to encourage local residents to walk to the facilities and to serve their day-to-day recreational needs. Based on the current up-to-date development statistics for the SPA One, the overall combined CPF acreage provided is as follows: Village One Village Five V illage One West Telegraph Canyon Estates TOTAL SPA Population 8,830 7,877 2,621 19,328 CPF Acreage Required Provided 12.3 10.6 10.9 12.5 3.6 0.5 1.4 0 28.2 23.6 It should be noted that while the addition of seven facilities to the CPF "inventory" for SPA One has increased, there will still be a shortfall in acreage provided versus acreage required. The master developer will be providing additional CPF acreage elsewhere in Otay Ranch to make up for this shortfall. Attachment #1 identifies the CPF sites, which are described in more detail as follows: Village One CPF-l (Existing Day Care Center): Located in the Heritage Town Center mixed use area of the Village One core, this 1.5-acre CPF site contains a for-profit day care center that includes a 10,515 square foot day care center building, an approximately 16,000 square foot outdoor pay area and 43 parking spaces. CPF-2 (Vacant): Located in the Village One core area, this 4.5-acre CPF site is vacant and graded. CPF-3 (Existing Pedestrian Park): Located south of East Palomar Street in Village One, this 0.8-acre private recreation facility (Wisteria Park) is owned and maintained by the Otay Ranch One Community Association. The facility includes a large tot-lot, covered trellis picnic area with tables, benches and a drinking fountain, and an open turf play field. Page 6, Item_ Meeting Date 06/08/05 CPF -6 (Existing Pedestrian Park): Located north of East Palomar Street in Village One, this 2.2-acre private creation facility (Oakcrest Park) is owned and maintained by the Otay Ranch One Community Association. The facility includes a large open turf play field and three interpretive gardens featuring planting legends engraved in granite and set into seat walls enclosing each garden. CFP-7 (Existing Pedestrian Park): Located north of East Palomar Street in Village One, this 0.8-acre private recreation facility (Orchard Park) is owned and maintained by the Otay Ranch One Community One Association. The facility includes a tot-lot, trellis covered picnic area with tables, an open turf play field and a ~ court basketball court. CPF-8 (Existing Pedestrian Park): Located adjacent to Heritage Park in the Village One core, this 0.8-acre private recreation facility (Heritage Swim Club) is owned and maintained by the Otay Ranch One Community Association. The facility includes a Jr. Olympic swimming pool, a 1,381 square foot community meeting room and restroom/changing room building, a 592 square foot staff office building, an outdoor fireplace and patio area. Village Five CPF-4 (Existing Pedestrian Park): Located within the Village Five core, this 4.8-acre site is owned by San Diego Calvary Chapel and includes a worship center, parking and ancillary school uses. CPF-5 (Vacant): Located within Village Five core, this 4.5-acre parcel is a graded and vacant site. This site has been sold to San Diego Calvary Chapel and is the site of a future private school. CPF-7 (Existing Pedestrian Park): Located in the center of Village Five, this l.3-acre private recreation facility (Countryside Swim Club) is owned and maintained by the Otay Ranch Five Community Association. The facility includes a Jr. Olympic swimming pool, a 476 square foot meeting room, a 196 square foot staff office building, a 980 square foot restroom/changing room building and an outdoor patio area. CPF-8 (Existing Pedestrian Park): Located in the northeast portion of Village Five, this 1.1-acre private recreation facility (Countryside Park) is owned and maintained by the Otay Ranch Five Community Association. This facility includes a tot-lot, trellis covered picnic areas, outdoor BBQs, a ~ court basketball court and an open turf play field. Village One West CPF-9 (Existing Pedestrian Park): Located south of East Palomar Street in Village One West, this O.5-acre private recreation facility (Heritage Hills Swim Club) is owned and maintained by the Otay Ranch Three Community Association. This facility includes a Jr. Olympic swimming pool, outdoor patio area, a 1,050 square foot restroom/changing room building and on-site parking. Page 7, Item_ Meeting Date 06/08/05 4. Analysis The proposed amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan to revise the Village One, Village One West and Village Five Site Utilization Plan Map and Zoning District Map to modify the land use and zoning designation of seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) complies with the Community Purpose Facility Ordinance, 19.48.025, ofthe Chula Vista Municipal Code. The amendments satisfy a portion of the CPF requirement for SPA One. The pedestrian parks comply with the findings required by the CPF section ofthe Code, in that the sites are not less than 0.5 usable acres in size (usable means level areas with a maximum slope of5: 1) and the recreational facilities are compatible with the surrounding land uses. The facilities are generally located within single-family residential areas and provide a neighborhood amenity for residents. The pedestrian parks that are less than an acre in size contain the following recreational amenities: a. One multi-purpose hard court; b. Children's play area; c. Community gathering place; d. Level lawn area The recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (h) (3) plus one or more of the following sport court/fields: e. Swimming pool f. Full-size sport court/field. CONCLUSION: Staff believes that the amendment to the Otay Ranch SPA One Plan for modifying the land use designation and rezoning seven privately-owned and maintained sites in Villages One, One West and Five are consistent with the recent amendments to the CPF Ordinance and maintain policy consistency with the Otay Ranch GDP policies, and recommends approval of the amendments. ATTACHMENTS: 1. Otay Ranch SPA One Locator Map 2. Planning Commission Resolution No. PCM-03-32 3. Draft City Council Resolution No. 4. Draft Ordinance No. 5. Planning Commission Resolution No. PCC-03-83 6. Disclosure Statement J:\PLANNING\HAROLD\OR-DOCs\CPF SPAl AMEND PC STAFF REpORT. DOC - - - - - I~ ! IIU~ IIII ~I ~6. W11f$J Im1\\ u~~~~) l_~llJ!!i$ '1\\' ~J~~ : f A~~ ~ \?, PJii'2 , ."b., \ """!:".A~ ~ -- ~ .. ,I' c '" ~ ~~w- . \O~ ~,~~~ ~- ~ tTlJ ~np~~~. ~ '~ ).~~(./ ~A~ cc- - ~~ ~D ~~ ~~~ " ~ ~l- ---""' \ ~~ ,~~ EHffiffiJ ::E; ~~ 'O>:v -\A,Yj: ~ P ~~ ~O)., ____-<::i': ~ /~' Ie-+- -+ -i- ':::j 1))>1'-- "'%"%~' ,~ ,~ , %1 ex y ;.1../1'<:;...-"/ ;. \~~~~, :><< y ~~~ :Jh ?~::; ~J ::.. j; -:;/2l Ij:l ~~~~~ \ 'f '<:.J. I f::t::J W..___ \~ A/ S;:\,;Z:-J Wi =J \~~~ L---- ~~\' 7b~ ~\ ~c--- ~ "< ;;'::0 ~ v~/_ ~ ,~ ':<0'?^ ~~~~~~ ~ \~ ~ :X -.'\vx:.>\ /\~ '< \V ?,~~,@, Y< Y \i9"~ =-- /~ -~""'~\ ~.\\, "~~ 1=:"'" "0 ./ ('hi t:: B ~ ~~ ~/~'I J, III '-U Ilfl r( I!'!I ':::/ JJJj LL P g Imlfl 7c ;:-: ,\ tr ~ " " :2 ':: - ~' :-.,' ~ J. CD ..... en RS :E :cu. (.)A. Zu ~ ~ ~O ~~ Ofn C RS - a. . ~ ~~I!! g~ u en Q) ... .- f/) u. a.. (.) III ~ C)o < F~ j~ ~ j ~ ~ IT f! \\ ~ \\ ~ 1-'~ :? e \,,~~: ~~ -1I W ,1,1 Cy :\ ~ /.~ y ~ 1- ,-----/ "I' ~ fA Y ~ \ .--J '<~ ~ rv '.-\ "Y: \\ :> 9C 11\Y~ ,\, ~~ ~ \ /::----\'~\ \ ~ >- ~ III ...~~~' \ dj ~\ \ \ H~ Z U) i>>V~ \\ \~1fJi\\ \~\ ~ ;:! 0 ~ / ?1~11t1~~\ \\~16 0 <.,/ t~ '(~v 0~ ,,,- )~ =\:t ~ 1\ \i€~ _ X~ ~ ~ ~ <2 RESOLUTION NO. PCM-03-32 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, AND ADOPT AN ORDINANCE TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the properties which are the subject matter of this resolution are identified as Exhibit "A," "B," and "C" and attached to City Council Resolution and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCM 03-32) to amend the Otay Ranch Sectional Planning Area (SP A) One Plan was filed with the City ofChula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ran::h Company ("Applicant"); and, WHEREAS, the application(s) request an amendment to the Otay Ranch SPA One Plan including a modification to the land use designation on the Site Utilization Plan for Villages One, One West and Five; the addition of a CPF Master Plan supplement to the document; and a revision to the SPA One Planned Community District Regulations, Zoning District Map to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One ("Project"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #9410 I 046 ("EIR 95-0 I ") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said 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 its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m., May 18, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, said hearing was continued to 6:00 p.m., June 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Project is consistent with the Chula Vista Municipal Code, City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached resolution approving the amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan with the findings in said resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Resolution adopting an ordinance amending the Otay Ranch SP A One Planned Community District Regulations, to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that a copy of this resolution is transmitted to the owners of the property and the City Council. J!ASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J:\PLANNING\HAROLD\OR-DOCs\CPF SPAl AMEND PC RESO.DOC - - -- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - /- c.~ CHULA VISTA APPROVING AN AMENDMENT TO THE nO ~~ \ OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE \J" PLAN, AND ADOPT AN ORDINANCE TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the properties which are the subject matter of this resolution is identified as Exhibit "A", "B" and "C" attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCM 03-32) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application(s) request to amend the Otay Ranch SPA One Plan including modifying the land use designation on the Site Utilization Plan for Villages One, One West and Five; adding a CPF Master Plan supplement to the document; and to revise the SPA One Planned Community District Regulations, Zoning District Map to rezoning seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One ("Project"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95- 01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS-03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said 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 its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 18, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 0-0-0-0 the Planning Commission recommended approval the project; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 18, 2005, and the minutes and resolutions resultihg therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second- Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)]. III. ACTION The City Council hereby approves the amendment to the Otay Ranch SPA One, including modifying the land use designation on the Site Utilization Plan for Villages One, One West and Five; adding a CPF Master Plan supplement to the document; and to revise the SPA One Planned Community District Regulations, Zoning District Map to rezoning seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH SPA ONE PLAN AMENDMENTS ARE IN CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One Plan amendment to modify the land use designation on the Site Utilization Plan for Villages One, One West and Five, add a CPF Master Plan supplement to the document, and revise the SP A One Planned Community District Regulations, Zoning District Map to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and to satisfy a portion of the CPF requirement for SPA One reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED AMENDMENTS TO THE OT A Y RANCH SPA ONE PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One Plan amendment and rezoning involves existing facilities and does not affect the development of the SPA One Area, which is generally built-out. C. THE PROPOSED OT A Y RANCH SPA ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch SPA One are designed for residential enjoyment and convenience. The privately-owned and maintained recreation sites provide residents with convenient neighborhood amenities as promoted by the goals and objectives of the Otay Ranch General Development Plan. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed SPA Plan amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch SPA One Final Second-Tier Environmental Impact Report (Final EIR 95- 01 and 97-03). 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 CREA TE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THA T SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Otay Ranch SPA One Plan does not involve these Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The project will not add any new traffic volumes. G. 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 location of proposed commercial development area in the Village One core area of SPA One does not affect the subject project and is consistent with the requirements of the SPA One Plan. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The SPA One plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed amendments to the SPA One Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. V. CONDITIONS OF APPROVAL The project does not require any new conditions of approvaL VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shan have the right to revoke or modify aH approvals herein granted, deny, revoke or further condition issuance of an future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, iHegal or unenforceable, this resolution shaH be deemed to be automaticaHy revoked and of no further force and effect ab initio. Presented by Approved as to form by James D. Sandoval, AlCP Planning and Building Director Ann Moore City Attorney -r:~~~~:~~:~~~~ct!~d: ~ j:1____N..,__~!!J__OI___ _ .., co P) ..,. En CD 0 ..,. ~ - "": W! G:Ii_":!; I~ ~~;!q)cD"":"~cD CO ~ _~~ ~ "? IX! C\f cq CX! let! .. cq t-.: I"! I'": 0 -"ONOO~ gt2tn~ m g C) C -r- CO ':'0: ;Q Q) ..c U) Jj:J u c CO ...J Q) C o Q) C) CO :; N) 8 :21 ,~ ~~ ~o~mm~N~~mN~~~mNm ~~~~~ri~~~ri~~~~~~~ ~~Q)~C'I!q~ ~ <DlG,..:g~~~ a Ja! t': l3 10 E ! 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D..D.. a..~a..D.. enoE;B U ooou '!j a: ~ ~ >- co 1:: E In In 0 E m c: C .9 ~ ~ co "0 >- ~ In )( 2 6 ~ e a. f- a co "0 en ~ "'C ~ In C In ti) E E c: E co a Q) Q.. .= () en ~ Q) ~ ...J l~ j ~'" ~ffi ~; II 'U >:> ~ 'U r ~ isi !~~ ~ Iii ~ ~:2 J N !~~, a (0.) r;; =}ti i ~h~l ~ z~a;lD . II }! f .t~f ~~!d h~ ~HI ORDINANCE NO. DR4f:l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP. WHEREAS, the properties which are the subject matter of this ordinance is identified as Exhibit "A", "B" and "C", attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations, Zoning District Map, was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations, Zoning District Map, is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations, Zoning District Map, is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Villages One, One West and Five to reflect rezoning of seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, ofthe Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Ordinance No. Page 2 Chula Vista on October, 28, 1993, and as amended on May 14, 1996, and November 10, 1998; and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (lS- 03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-32) and notice of said 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 ofthe exterior boundaries ofthe Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 18,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of approval the project; and, , the Planning Commission recommended WHEREAS, a public hearing was scheduled before the City Council ofthe City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations, Zoning District Map for Villages One, One West and Five; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ofthe City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on May 18, 2005 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an Ordinance to the SPA One Planned Community District Regulations modifying the Zoning District Map for Village One, One West and Five, Ordinance No. Page 3 identified as Exhibit "D" in this ordinance, finding that it is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)). VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 95-01 and FEIR-97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95-01 and FEIR-97-03 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)). VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULA nONS, ZONING DISTRICT MAP, FOR VILLAGES ONE, ONE WEST AND FIVE IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One Plan amendment to modify the Planned Community District Regulations, Zoning District Map for Villages One, One West and Five to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and to satisfy a portion of the CPF requirement for SPA One reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. Ordinance No. Page 4 B. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One Plan amendment and rezoning involves existing facilities and does not affect the development of the SPA One Area, which is generally built- out. C. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULA TION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch SPA One are designed for residential enjoyment and convenience. The privately-owned and maintained recreation sites provide residents with convenient neighborhood amenities as promoted by the goals and objectives of the Otay Ranch General Development Plan. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed SPA Plan amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch SPA One Final Second-Tier Environmental Impact Report (FEIR-95-01 and FEIR 97-03). IV. 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 form by James D. Sandoval, AlCP Planning and Building Director Ann Moore City Attorney I~ t-5 12 ~~ ~ ]~ 10 I: ! i ~ ;) g ~ ~ ~ ! ] ~ 1: l~ :: ;I > .&- ~ )1 I ~o~mm~N~~mN~~~mNm ~w~~~M~~~~~~WQ~~~ C) c "'8 or- ~ 21 ...!.. .... a. :0 Q) ..c: rn x ::J ill -c c t'G ...J Q) C 0 Q) 0) ~ :> ~~Q)q~q~ CX)g:,..:g~~~ "! :J!a;I!?;t~t::~a;;qHP2~:&gt!!:; ~ !2~~~~~~~a; a; ~ ri ~...,.U)"mC'Df'i.o"'MMu)""tD('IIMw) r') fJ~~~;!~C;;~~::i~;!~o;~~~ ~ M CO~""'tOCOO""'~'- -r: ~~~cOa;)"":" ~a) co ~ ~~I; ~ o iO III a: ..J ~ ~ tq Jl! cq rf ~ ~ I~ ~ ~ to-; I"! I"": 0 .........ONOO~~~tt;~~ g ... II) u..u..tLlLtLlLlLlLl1.lLLLlLIl.LLLLlLLL'I W~W~WWWWW~0WWW~OOW ~ ~ (f) IL E ::E::> E ILIL...............I;! 8 ~::i~~~~::!i~(EI :> 8 ~ <II :> II) ~ Do ~ ~ I :> co ~ _ I i 55~~~~li~J~i j :> & CI) c: ~ .g >N ~ & ;L:l:Z;f~:r 'LU)o~ =>'"" n.n.n.II.Q.Q. 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C? co :::E :0_ :c 0 x ._ w.::: CI) a C) c .c o N <D t-;- if Os} rt C/) ..c o C <<I a: >- <<I 5 ~I~ I~J q~ J "" ~ ~~ t ~~ ;tin ~Hu RESOLUTION NO. PCC-03-83 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA GRANT A CONDITIONAL USE PERMIT FOR SEVEN (7) EXISTING PRIVATELY-OWNED AND MAINTAINED (HOA) RECREATION FACILITIES PURSUANT TO TITLE 19, SECTION 19.48.025 OF THE CHULA VISTA MUNICIPAL CODE. WHEREAS, the properties which are the subject matter of this resolution are identified as Exhibits "A", "B" and "C" attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCC-03-83) was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company (" Applicant") and requests consideration of granting a Conditional Use Permit for seven (7) existing privately-owned and maintained (HOA) recreation facilities ("Project") in Villages One, One West and Five for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One; and, WHEREAS, the application requests granting a Conditional Use Permit to Otay Ranch One Community Association, Otay Ranch Three Community Association and Otay Ranch Five Community Association, as owners of subject property; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said 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 its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. May 18, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, said hearing was continued to 6:00 p.m., June 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does hereby grant a Conditional Use Permit (PCC-03-83) for subject property in accordance with Section 19.48.025 of the Chula Vista Municipal Code subject to the findings and requirements outlined in Section 19.48.025(H) and Section 19.48.040(B)(6)(D) as described in Section I below. I. FINDINGS A. APPROVAL OF RECREATIONAL FACILITIES SHALL BE BASED UPON EVIDENCE DETERMINED TO BE SUFFICIENT BY THE CITY THAT THE PROPOSED RECREA TIONAL FACILITY MEETS THE FOLLOWING MINIMUM REQUIREMENTS: 1. THE SITE SHALL BE NO LESS THAN 0.5 USABLE ACRES IN SIZE (USABLE MEANS LEVEL AREAS WITH MAXIMUM SLOPE OF 5:1). All seven of the facilities meet this requirement. 11. THE RECREA TIONAL FACILITY IS COMP A TIBLE WITH THE SURROUNDING LAND USES. All seven of the facilities meet this requirement. The facilities are generally located within single-family residential area and provide a neighborhood amenity and convenience for residents. 111. A RECREA TIOAN F ACILITY LOCATED ON A PARCEL OF LESS THAN ONE ACRE WILL CONTAIN AT LEAST ONE OF THE FOLLOWING RECREATIONAL AMENITIES: a. One multi-purpose hard court; b. Children play area; c. Community gathering place; d. An outdoor cooking facility; and, e. Level lawn area CPF-3, CPF-7, CPF-8 and CPF-9 are all under one-acre in size and provide at least one of the amenities described above. IV. RECREATIONAL FACILITIES LOCATED ON ONE-ACRE PARCELS OR LARGER WILL CONTAIN ALL THE AMENITIES LISTED IN SUBSECTION (H)(3) OF THIS SECTION PLUS ONE OR MORE OF THE FOLLOWING SPORT COURT/FIELDS: a. Tennis court; b. Swimming pool; c. Full size sport court/field; or, d. Other sport facilities determined to be suitable for the neighborhood this facility is intended to serve, all as determined by the zoning administrator. Recreational facilities proposed for full or partial CPF credit shall either contain the facilities as set forth in this section or alternative recreational facilities as approved by the zoning administrator. CPF-2, CPF-6, CPF-8 and CPF-9 are all over one-acre in size and include at least one additional amenity as described in Section IV above. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J:\PLANNING\HAROLD\OR-DOCS\CPF _SPA I_AMEND]C _CUP _ RESO.DOC UJ ~N~~~~~~~~~~~~~~~ OCOC~OC~~OC~~~~~~tt~~oc ~~~~~N~ d:d:d:d:d:d:~ ~ ~ ~;d I; ~ III o ii5 ... II: -' -c t- ~ ~ "1 cq C"f eEl ~ It'! ~ CI:! J'-: I"'! 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'g Q) >< ~ ~ ~ e c. r- 0 <tI U U) ~ 't:J 2c' (II CD v; E C ~ c: E <tI 0 Q) c... ~ 0 0) ~ Q) ~ ..J i~ J ~V> ~EB ~;jl ?5 i.l: 'I) ~ s: f!f ~ iii ~ 8:1) 9 Ih, ~ d~1 1:> ~Hii ~ z~<r.l.o . !.I !~ I ~!I a~ ilS h~ ~Hl PLANNING COMMISSION AGENDA STATEMENT ~ Item No.: Meeting Date: 06/08/05 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-05-043, proposal to allow an adult educational facility located in an existing building at 2060 Otay Lakes Road in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone. The University of Phoenix proposes to occupy 12,000 sq. ft first floor space of the existing building on Parcel B located within the Eastlake Commercial District to provide an educational facility for a maximum of 110 students at one time on the campus. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously certified Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR 97-04) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-05-043, based on the findings and conditions contained therein to allow an educational facility located at 2060 Otay Lakes Road. DISCUSSION: 1. Proiect Background The project is located along Otay Lakes Road, west of the proposed SR125, and approximately l,500 feet west of the Village Center North shopping center. The site consists of four parcels, Parcel A (4.34 acres), Parcel B (2.19 acres), Parcel C (2.15 acres), Parcel D (2.05 acres) for a total of 20 acres. A 45,000 sq. ft. LA Fitness Center was approved on Parcel A, and a 36,000 sq. ft. medical office building was approved for Parcel B by the Design Review Committee on January 12, 2004. The two other parcels (Parcels C and D) were also approved as graded pads that would allow for the use of future office/commercial development. The future buildings on Parcels C and D will be approved by the Design Review Committee. The University of Phoenix will occupy 12,000 sq. ft of the first floor space of the medical office building on Parcel B, while the other 6,000 sq. ft. of the first floor will be used for future tenants. The educational facility requires a conditional use permit to be approved by the Planning Commission per the Eastlake Commercial District, P A, Professional and Administrative Zone. 2. Site Characteristics The site is located south of Otay Lakes Road, east of Otay Ranch Village 1 residential subdivision and west of the proposed SR-125 (see Locator). The site is approximately 20 to 25 feet above Otay Lakes Road, and contains an approximate 120-foot SDG&E easement along the site's eastern property line. The site is graded and partially improved with two buildings along Otay Lakes Road, one of which the University of Phoenix will occupy. Page 2, Item: Meeting Date: 06/08/05 3. General Plan, Zoning and Land Use Site: North: South: East: West: General Plan Professional Office Residential, Low-Medium Professional Office Residential Medium Village Commercial Retail Zoning PC- P A PC-R1 PC- P A PC-R1 PC-CR Current Land Use Vacant/Office/Fitness Center Single- Family Residential Undeveloped/Office/Commercial Single- Family Residential SR125/Commercial Shopping Center 4. Proposal The University of Phoenix proposes an educational facility for college aged students 18 years and older. The University offers undergraduate and advanced degrees to working adults in business, nursing, and other fields. There will be a maximum of 110 students at one time on the campus and seventeen employees. There will be five classrooms, a student resource center, study rooms, student lounge, and administrative offices. The hours of operation will be Monday through Friday 8:00 a.m. -10:30 p.m., Saturday 9:00 a.m. - 10:00 p.m. The primary function on Monday through Friday from 8:00 a.m. -5:30 p.m. will include general office and administrative functions. Students will be attending scheduled classes from 5:30 p.m.-10:00 p.m. Monday through Friday, and from 9:00 a.m. - 10:00 p.m. on Saturday. Students will therefore be attending classes after the normal business hours of the building during the week and on Saturday. Parking for the LA Fitness Health Club is provided all on Parcel A. On Parcel B, there are 144 shared parking spaces for all tenants in Parcel B. Per the tenant lease agreement, the University of Phoenix will have an exclusive right to use a total of 110 parking spaces from 5 :30 p.m.-10:00 p.m. Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m. on Saturday, since the other tenants will not be in operation during this time. Only the Administrative Staff will be using the parking lot during the day with the other uses. ANAL YSIS: The University of Phoenix project is located in the Planned Community Professional and Administrative (PC-P A) Zone, which is intended to provide an opportunity for commercial and quasi-public uses such as an educational facility. The educational facility requires a conditional use permit to be approved by the Planning Commission per the Eastlake Commercial District, P A, Professional and Administrative Zone. The site currently has only two tenants, LA Fitness and Premier Realty Office with future tenants to be determined. The site is also proximate to Chula Vista Community Park, Eastlake High School, and three shopping centers. Staff has determined that the project will not be a detriment to the area because all access will be off of Otay Lakes Road, which is a major thoroughfare designed to accommodate the volume of traffic. The proposed use is compatible with the existing surrounding uses and will provide a desirable community service for the residences. The lot has sufficient number of parking spaces provided for each tenant that will occupy these buildings. A traffic study was conducted per the Planning Division request and not per CEQA requirements to determine the adequacy of the on-site circulation, shared parking, signal and Page 3, Item: Meeting Date: 06/08/05 driveway approach off Otay Lakes Road (See Attachment 3). Based on the different types of uses in the existing buildings, the trip generation has been decreased by approximately 800 daily trips. So, therefore, it was found that no additional changes would have to be made and the existing conditions were adequate for the traffic from the proposed use. No existing changes will occur to the exterior of the building, which is visibly compatible with the surrounding office buildings on the site. CONCLUSION: Staff recommends approval of the application for a Conditional Use Permit to allow an educational facility located in an existing building at 2060 Otay Lakes Road, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-05-043. Attachments 1. Locator Map 2. Resolution PCC-05-043 3. Traffic Study J:\Planning\Caroline\Discretionary Permit\PCC-05-043 PC Agenda Statement 'i1 C ~ C -" '^' m v; ~ ~ tv ~ I' d E ~l C) ..,... ..... ~ ~""':( ~, >-<: ~ ( / /1 / ( .l~GE~b2 I:] Project Location RESOLUTION NO. PCC 05-043 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT, PCC-05-043, TO ALLOW AN ADUL T EDUCATIONAL FACILITY LOCATED IN AN EXISTING BUILDING AT 2060 OT A Y LAKES ROAD IN THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE COMMERCIAL DISTRICT, PA, PROFESSIONAL AND ADMINISTRATIVE ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on March 11, 2005, by Harlon Lindholm on behalf of the University of Phoenix; and WHEREAS, said applicant requests permission to allow an educational facility located in an existing building in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously certified Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR 97-04) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary; WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said 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 and residents 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 June 8, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and describes, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The requested uses will take place within an existing office building and associated parking lot surrounded by commercial, residential, and school uses. This proposal will provide additional educational services to the citizens in the community. Such services benefit the citizens of Chula Vista both economically and socially (increased income, lower crime, less dependence on social programs, etc.). 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposal will not adversely impact the existing uses currently in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone or any of the surrounding residential neighborhoods. The classes will be held in the evening and weekend hours not to conflict with the other tenants. The parking spaces provided are adequate for the proposed use. Access is only from Otay Lakes Road and a traffic study determined that no additional changes would have to be made and the existing conditions were adequate for the traffic from the proposed use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-05-043 requires compliance with all conditions, codes and regulations, as applicable, prior to the final issuance of any permit for or occupancy of any building on the property. The Planning Commission finds that the request meets the code requirements as follows: (A) The Eastlake Commercial District, P A, Professional and Administrative Zone defines an educational facility as a public and semi-public use that requires a conditional use permit to be approved by the Planning Commission. (B) The parking spaces provided are adequate for the proposed uses. (C) The proposed use does not go above the allowed threshold per the traffic study to warrant any changes. (D) No existing changes will occur to the exterior of the building, which is visibly compatible with the surrounding office and commercial buildings on the site. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Project will increase the educational opportunities for citizens in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. Furthermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways etc). BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-05-043 subject to the following conditions: I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: Planning and Building Department Conditions: A. Building Permits are required. Plans must comply with 2001 CBC, CMC, CPC and CEC Plans submitted on or after July 1, 2005 must comply with the new Handicapped Accessibility requirements. Plans submitted on or after October I, 2005 must comply with the new Energy Requirements. Seismic zone 4, wind speed 70mph, exposure C. B. The open office space with the cubicles needs to provide a second exit directly to the outside of the building, since the occupancy load exceeds 30 persons. Vocational rooms also will need a second exit directly outside, because of potential occupant load in excess of 30 persons. C. On the building permit, state the type of construction for Building B and its occupancies. Construction and types of occupancies must comply with Chapter 5 of the CBC. Also, setbacks from property lines must comply with all CBC requirements. D. The applicant shall apply for a sign permit to be approved by the Planning Division for all proposed signage. Conservation and Environmental Services Department Conditions: E. Each applicant for a land use or building permit shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The 'Recycling and Solid Waste Management Plan" features should be identified on the building plans. A "Recycling and Solid Waste Planning Manual" is available at the Planning Division counter or through the City Manger's Office (619) 691-5122, conservation@ci.chula-vista.ca.us. Fire Department Conditions: F. The project shall comply with the 2001 California Fire and Building Code. II. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: A. The site shall be developed and maintained in accordance with the approved plans, dated March 11, 2005, which include site plans and floor plans, on file in the Planning Division, the conditions contained herein, Title 19, and the Eastlake Commercial District, P A, Professional and Administrative Zone. B. The applicant shall comply with all Fire Department Regulations prior to occupancy of building. C. The project shall comply with all conditions tied to the approval of the Environmental Review (EIR-97-04). D. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. E. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. The following on-going condition shall apply to the subject property as long as it relies upon this approval. A. Ensure that the Project complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the following: a. A maximum of 110 students area allowed at one time on the campus; b. School hours shall be limited to Monday through Friday between the hours of 8:00 a.m. - 10:30 p.m., and Saturday between the hours of9:00 a.m. - 10:00 p.m. B. The Permittee shall enter into and maintain an agreement with the property owner to ensure the exclusive right to use 110 parking spaces from 5:30 p.m.-l0:00 p.m. Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m. on Saturday. Any changes to the agreement between operator and property owner which reduce the available parking spaces shall be approved by the Director of the Planning and Building Department. C. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. D. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. E. This permit shall expire five (5) years after the date of its approval by the Planning Commission. The Planning Commission shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required. F. Any change to the operational profile of this Project, any request for an expansion of the use as described herein, or any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. G. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant' s/operator' s successors and assigns. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department. Failure to return said document to the Department shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representative Date NOTICE OF EXEMPTION The Planning Commission directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSTAIN: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J/Planning/CarolinelDiscretionary Permits/PCC-05-043 PC Reso ~ Transportation Consultants May 11,2005 Dan Matula Triad Partners, Inc. 8001 Irvine Center Drive, Suite 1000 Irvine, CA 92618 Via E-mail: Dmatula(a).triadpartners.net Re: University ofPhoenix/LA Fitness and Professional !Medical Office Access Study (project No. 283-001) Dear Mr. Matula: As per your request we have revised our traffic study to reflect the City of Chula Vista comments/revisions outlined in the May 6th, 2005 letter requesting modifications to trip generation, additional discussion related to overall ADT for the parcel and shared parking analysis for the proposed ProfessionallMedical Office and associated adjacent development in the City of Chula Vista. The proposed project site consists of a 36,000 square foot professional/medical office building, a University of Phoenix facility (in the same building) and an adjacent 45,000 square foot LA Fitness Center in a separate building. Figure 1 shows the vicinity of the project site. The proposed project is located south of Otay Lakes Road, between the project main access road (east of Saint Claire Drive) and the future SR-125 SB Ramps. Figure 2 shows the proposed project site location. The purpose of this analysis is to determine the adequacy of on-site circulation, vehicle storage and shared parking related to the mixed-use nature of the land uses on the site. In particular, the City has required the applicant to investigate potential queuing at the new signalized intersection of Otay Lakes Road and the site access road. Both the University of Phoenix and the LA Fitness Center have an inbound component of traffic in the p.m. peak hour, which is directly opposite that of the medical/professional office and could potentially create queuing concerns for westbound vehicles entering the project site. Otay Lakes Road Access Study The study intersection of Otay Lakes RoadlProject Access Road is located to the west of the future SR-125 SB Ramps. The access is provided to the project via the south leg of the Otay Lakes RoadlProject Access Road intersection. Otay Lakes Road in the vicinity of the project is a six-lane roadway with three lanes in each direction. Two exclusive 200-foot westbound left-turn lanes are provided at the study intersection for ingress to the project site. The northbound approach consists of one left turn lane and one right turn lane each with approximately 100 feet of storage, in each lane. The intersection is currently signalized with protected left-turn phasing westbound. 5960 Inglewood Drive, Suile 1QO Pieasanlon, CA 94588-8535 925463-0611 phone 925463-3690 fax www.tikm.com PLEASANTON SANTA ROSA "We create transportation solutions... with the right people" r----------; . <..... ./ .......... . " ,-- ...... . ......... / 'l_____ __~~~_E~~~r:_ SAN DIEGO COUNTY Camp Pendleton Pac f c Ocean n NORTH Not to Scale City of Chula Vista Otay Lakes Road Access Study Vicinity Map Figure 1 ~ 283-001 - 5/2/05 - VG 1 1 - 1 ~ 1 1 ;t 1 1 ~ 1 151 u. 1 1 1 1 EAST LAKE ~ VILLAGE CENTER 1 1 FUTURE SR-125 1 1 S8 ON-RAMP 1 1 I 1 1 1 1 1 1 1 1 1 1 1 . 1 LEGEND . Study Intersection 1 1 1 \ : Project 1 Site : 1 1 1 1 1 1 CHULA VISTA COMMUNITY PARK . City of Chula Vista Otay Lakes Road Access Study Proposed Project Site Location 283-001 - 5/2/05 - VG n NORTH N01 to Scale Figure ~ 2 Dan Matula May 11,2005 4 The study intersection was analyzed using the methodologies described in Chapter 16 of Highway Capacity Manual 2000 (HCM) contained by the software Synchro 5.0. The traffic volumes along 0tay Lakes Road used in the traffic analysis were provided by the City of Chula Vista and are from the Draft 2010 traffic model with Proposed General Plan Land Uses. The heaviest traffic movement is eastbound carrying 1,744 vehicles during the p.m. peak hour. The westbound p.m. peak hour traffic volume is 1,212 vehicles. The proposed development consists of a 36,000 square foot professionaVmedical building of which 12,000 square feet will be occupied by the University of Phoenix on the ground floor and a 45,000 square foot LA Fitness Center (Health Club) located in the adjacent building. It is important to note that the 36,000 square foot professionaVmedical building was originally approved as a medical building potentially generating 1800 ADT (50 trips/lOOOsf). The building, as it is currently planned, has approximately 10,000 square feet of medical office, approximately 14,000 square feet of professional office and approximately 12,000 square feet for the University of Phoenix. Based on the new mixed-use nature of the building, the trip generation for the building has been decreased by approximately 800 daily trips. The proposed project with mixed-land use is expected to generate 3,713 daily trips and 472 trips during p.m. peak hour. The proposed project trips were obtained using San Diego Association of Government (SANDAG) Trip Generation Rates for the medical office, professional office and site-specific information obtained from the applicant for the University of Phoenix and LA Fitness Center. Table I summarizes the proposed project trip generation. TABLE I: PROPOSED PROJECT TRIP GENERATION Daily PM Peak Hour Use Size (KSF) P.M. Rate Trips Rate In:Out In Out Total Medical Office [1] 10.0 50.0 500 - 30:70 17 39 56 ..__....._..._._._---~_.- ._._.~-_..~. Professional Office 14.0 20.0 280 20:80 7 29 36 [2] - .-..--....-..--.--.---.- ~---_._----- ..."-.-....- .._._~..._- -- University of 12.0 19.0 228 - - 110 0 110 Phoenix [3] LA Fitness [4] 45.0 60.1 2705 6.02 61:39 165 106 271 TOTAL 3.713 299 174 473 Notes: [1J The PM peak trip rates are based on San Diego Association of Governments [SANDA G) Brief Guide of vehicular Traffic Generation Rates for the San Diego Region, April 2002. Estimated weekday trip generation rate is 50 vehicles per thousand square feet and the PM peak hour traffic is 11 percent of total daily trips with a 30% inbound and 70% outbound directional split. [2J The PM peak trip rates are based on San Diego Association of Governments (SANDA G) Brief Guide of vehicular Traffic Generation Rates for the San Diego Region, April 2002. Estimated weekday trip generation rate is 20 vehicles per thousand square feet and the PM peak hour traffic is 13 percent of total daily trips with a 20% inbound and 80% outbound directional split. [3J The PM peak trip rates are based on the information provided by The University of Phoenix, written statement for Conditional Use Permit. To be conservative al/ the trips generated scheduled to anive between 5:30 - 10:30 p.m. are assumed to enter the facility during the p.m. peak hour. [4J Source: Devonshire/Resada Shopping Center Traffic Study. The health club p.m. peak hour trip generation rate of 6.01 trips per thousand square feet of building floor area was derived from surveys conducted at two similar Los Angeles area health clubs. A p.m. peak hour distributional split of 61% inbound and 39% outbound was based on data provided in the ITE Trip Generation Manual. The daily trips were derived by the assumption that the total p.m. peak hour traffic volume represents 10 percent of the daily traffic volume. It is important to note that proposed trip generation 00,713 daily trips is approximately 50% of the previously approved 7,410 trips as part of the Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR# 97-04) for the development of the overall site. Dan Matula May 11,2005 5 Therefore, the remaining 3,697 trips should be adequate for future development of the remainder of the site. Additionally, it is also important to note, that for the purposes of analysis of the p.m. peak hour, the trip generation for the proposed project is considered conservative since all of the 110 students/faculty for the University of Phoenix were assumed to arrive during the p.m. peak hour. The proposed project trip distribution assumptions were developed based on existing travel patterns, knowledge of the study area and potential future patronage for the proposed mixed land use. The project trips were assigned to the study area and the study intersection using these assumptions. In the year 2010, during the p.m. peak hour, the project only trips assigned at the study intersection are as follows: · 120 eastbound right-turning vehicles · 179 westbound left-turning vehicles · 70 northbound left-turning vehicles · 104 northbound right-turning vehicles In summary, 299 vehicles are entering and 174 vehicles are leaving the proposed project site during the p.m. peak hour. The proposed project site plan is shown in Figure 3. These trips were added to the Year 2010 volumes to obtain the levels of service. The study intersection is expected to operate at LOS A with 8.5 seconds delay during the p.m. peak hour with the added trips. The levels of service for the Year 2010 plus Proposed Project Conditions scenario are summarized as shown in Table II. TABLE IT: INTERSECTION LEVELS OF SERVICE - YEAR 2010 PLUS PROPOSED PROJECT CONDITIONS Intersection Control P.M. Peak Hour DelayNeh (see) LOS Otay Lakes Road/Project Main Access Road Signal 8.5 A A Synchro 5.0 analysis shows a queue length of three vehicles for the northbound left-turn movement leaving the site (approximately 75 feet) and three vehicles (approximately 75 feet) for each of the westbound left-turn lanes entering the site during the p.m. peak hour. The proposed lengths ofleft- turn bays in northbound and westbound direction are adequate to handle the queuing. Intersection levels of service/queuing worksheets are attached. An evaluation of the proposed site plan, including site access, circulation and shared parking was performed. The proposed site plan, with the mixed land use of medical, professional and educational uses, which has been reduced by approximately 800 trips from the previously approved medical office only project, provides adequate site access and circulation to meet project traffic demand. The main access driveway on Otay Lakes Road will provide sufficient capacity for the on-site circulation, and has adequate capacity to handle the project traffic volumes. The signalized intersection will operate at LOS A with the project and sufficient storage for queuing vehicles for ingress and egress to the project site is provided. f I " II II II II " " II II " " " " II " " " 1/ II 1/ " " I' 1/ " I II I II I ~.!.IH~ Q ~ at:: en w ~ :5 ~ o 1::...: r Q) ~~ .~~ 1'5' ~~ j! ~ ~ e ~C"') C) u: r:: as - 0.. ~.e :::::J._ Ci)tn ~u Q) CI) u ._ u 0 ctS <( 0..... +-' "'C en ctS .- 0 ~ > c: ... ctS as "S en r:: ~ ~ Q) .- () ~ E ~ ~.....J._ ... o >-'G) g >- ctS... J, 000.. re Dan Matula May 11, 2005 7 Additionally, wherever a mixture of land uses is located on a single site, it is an accepted practice to utilize the concept of "shared parking" to determine the appropriate parking requirement. As is the case with the office and educational land uses, different land uses have peak parking demand at different times. Therefore, a mixed-use development of office/educational development is less than the sum of the parking requirement for the previously approved individual land use of medical office only. Statistics show that parking demand for office or medical office are reduced by 50% or more after 5 p.m. Sufficient spaces are already provided to accommodate the University of Phoenix students/faculty, however, based on the shared parking concept, additional parking will be available for the University of Phoenix due to the reduction in demand for parking after 5 p.m. Based on the queuing and LOS results it can be concluded that the intersection will operate acceptably with the current lane configuration. Please feel free to contact us if you have further questions. Thanks for providing us the opportunity to conduct this traffic study. Sincerely, (A.t^, ''D ~ Chris Kinzel, P .E. President J:\Jurisdiction\C\Chula Vista\283-001_0tay Lakes\Report\UOP Letter Revised May II 2005.doc , . 1 : Otay Lakes Road & Project Access Road Baseline 5/11/2005 -+ "'\- .. ~ "" I" l..iIDEt:SrQ~p;u~j;:~:b[,(j'_.,:i,j ';'j.;.EE3't'.A~'Ea:~j:',..'WBC[':WB)TI~',.:j..'N$b,'".":N$g".,'i Lane Configurations ttt+ 'i'i ttt ., rt Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Width (ft) 12 12 12 12 12 12 Grade (%) 0% 0% 0% Storage Length (ft) 0 200 100 0 Storage Lanes 0 2 1 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector (ft) 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 Turning Speed (mph) 9 15 15 9 Satd. Flow (prot) 5034 0 3433 5085 1770 1583 Fit Permitted 0.950 0.950 Satd. Flow (perm) 5034 0 3433 5085 1770 1583 Right Turn on Red Yes Yes Satd. Flow (RTOR) 22 113 Link Speed (mph) 35 35 30 Link Distance (ft) 2704 2608 2080 Travel Time (s) 52.7 50.8 47.3 Volume (vph) 1744 120 179 1212 70 104 Conti. Peds. (#/hr) Conti. Bikes (#/hr) Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Growth Factor 100% 100% 100% 100% 100% 100% Heavy Vehicles (%) 2% 2% 2% 2% 2% 2% Bus Blockages (#/hr) 0 0 0 0 0 0 Parking (#/hr) Mid-Block Traffic (%) 0% 0% 0% Lane Group Flow (vph) 2026 0 195 1317 76 113 Turn Type Prot custom Protected Phases 4 3 8 Permitted Phases 2 2 Total Split (s) 34.0 0.0 10.0 44.0 21.0 21.0 Act Effct Green (s) 27.7 6.0 35.0 7.9 7.9 Actuated glC Ratio 0.54 0.11 0.68 0.15 0.15 vlc Ratio 0.74 0.50 0.38 0.28 0.33 Uniform Delay, d1 9.3 23.1 3.3 19.5 0.0 Delay 10.0 24.3 3.5 21.6 5.7 LOS A C A C A Approach Delay 10.0 6.2 12.1 Approach LOS A A B Queue Length 50th (ft) 167 32 43 23 0 Queue Length 95th (ft) 249 62 75 55 35 Internal Link Dist (ft) 2624 2528 2000 50th Up Block Time (%) 95th Up Block Time (%) Turn Bay Length (ft) 200 100 50th Bay Block Time % 95th Bay Block Time % Queuing Penalty (veh) ::";:i:.,( ;- ..<:.:':,,,,, "',,: h,' _'d,_' '_'." '.'__' .. ,,-~ . . '<'., : .: . ~ '. ; ;'; ,:; -:_ ~;.; .~, '. i ',. Ii"- J:\Jurisdiction\C\Chula Vista\283-001_ Otay Lakes\Analysis\Year 2010 w SR 125_ with Proj - PMsy6 tjkmtrsant-st51 Page 1 , .. 1 Otay Lakes Road & Project Access Road In~rseCtiQn.f$'tfmrnai)i(.:,;i,0:;;;j';i;:;JfS;n::j:~j7:;ji.~::'~i Area Type: Other Cycle Length: 65 Actuated Cycle Length: 51.4 Control Type: Actuated-Uncoordinated Maximum vlc Ratio: 0.74 Intersection Signal Delay: 8.S Intersection Capacity Utilization 59.3% :'ii~:;~~i\;;:~~i;::::_'\1g?Ij' - t.,.:_.-.. 11 _, ..~~~::::;1\;-E~~\t:i __.. ,. '" -, :,<.~,..,;..:",' "i",,:1" .~ .-~ -. _.._ '.-' Intersection LOS: A ICU Level of Service A Splits and Phases: 1 Otay Lakes Road & Project Access Road , 02 .f' 03 -. 04 2 :uifl~~iiI ,0,. 34'.jf~'s~~f&' ~*f 4- 08 :A7i~~~~T~~~~~ll1f€i.'-~~ . ~~.~', '"'~~~;~ffi:~~1;}~:~~~~~~~~~m~~~fa~~~~;~~r~~~:~~'fJ '~- ".. -':' -~'I J:\Jurisdiction\C\Chula Vista\283-001_0tay Lakes\Analysis\Year 2010 w SR 125_with Proj - PM.sy6 tjkmtrsant-stS1 ;;-;,' Baseline 5/11/200S ,,- ':. ~;.< ";'-" -',';",C"'; Page 2 PLANNING COMMISSION AGENDA STATEMENT Item: .3 Meeting Date: 06/08/2005 ITEM TITLE: Public Hearing: PCC-05-021; Request for a Conditional Use Pennit to allow Bonita Country Day School to continue to operate a private non- profit elementary school for an interim period of five years at 625 Otay Lakes Road in the Bonita Long Canyon Planned Community, Public Quasi Zone. Resolution recommending that the City Council approve Conditional Use Pennit, PCC-05-021, to allow Bonita Country Day School to continue to operate a private non-profit elementary school for an interim period of five years at 625 Otay Lakes Road. The Bonita Country Day School proposes to renew their expired conditional use pennit, PCC-94-48, to continue to allow the private non-profit elementary school for 140 pre-kindergarten through six graders for an interim period of five years at 625 Otay Lakes Road, Bonita Long Canyon Planned Community. The school has been operating on this site for ten years as a co-use of this property with the Risen Savior Lutheran Church. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1, categorical exemption pursuant to Section 15301, (Existing Facilities), of the State CEQA guidelines and no further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-05-021, recommending that the City Council approve the use of the Bonita Country Day School to continue to operate a private non-profit elementary school for an interim period of five years at 625 Otay Lakes Road based on the findings and conditions contained herein. DISCUSSION: 1. Proiect Background The school was originally approved by Conditional Use Pennit PCC-94-48, which was considered by the Planning Commission on August 10, 1994, and approved by the City Council on August 23, 1994. That use pennit allowed a private non-profit elementary school for an interim period of five years. Before the five years elapsed on August 23, 1999, the school planned to relocate to a pennanent site in eastern Chula Vista and allow the Savior Lutheran Church to occupy the entire site. The approved church master plan shows this area as Phase II, which will eventually be developed with a 5,40 sq. ft. fellowship hall, a 2,400 sq. ft. parsonage, two 2,600 sq. ft. classroom building (180 seats) and associated playground area, as well as 73 additional parking spaces to bring the total parking to 130 spaces. Through an oversight the school failed to file for an extension and PCC-94-48 has expired. The school has been there for over 10 years with no complaints from adjacent property owners. Page 2, Item: Meeting Date: 06/08/05 The school is currently in negations with Trimark Pacific Homes to purchase approximately 5.1 acres ofland with a 1,500 square foot building in the San Miguel Ranch area to be the permanent site for Bonita Country Day School. It will be approximately two years before Bonita Country Day School can begin construction on the new property. Therefore, the school is requesting an additional five years at their current location. At the end of the five years, all structures would be removed leaving the church to proceed with its Phase II construction of permanent classroom buildings, fellowship hall, etc. 2. Site Characteristics The 4.1 acre site currently contains a 4,300 sq. ft. sanctuary structure and associated parking for the Risen Savior Lutheran Church. The sanctuary structure is located on the southerly portion of the property, and a 57-space parking area parallels Otay Lakes Road along the entire frontage of the property. The northern portion of the site contains nine modular buildings of 960 sq. ft each for four classroom buildings, a multi-purpose building, and an administrative office for the Bonita Country Day School. In addition, there is a playground facility between the buildings and the parking lot for the children. This property is located within the Bonita Long Canyon Planned Community, Public Quasi Zone. 3. General Plan, Zoning and Land Use Site: North: South: East: West: General Plan Residential Low Medium Residential, Low-Medium Open Space Open Space/Res. Med. Public Quasi Zoning PC-PQ RllOP PC-OS PC-OS/PC-RI4 Rl Current Land Use Church/School Condominiums Open Space Open Space/SFR Junior High School 4. Proposal The request is to allow Bonita Country Day School to continue to operate, for an interim period of five years, a private non-profit elementary school for up to 140 students, ages pre-kindergarten through sixth grade. School hours would be ITom 8:00 a.m. and 2:45 p.m. for Grades 1-6 and 8:30 a.m. and 2:30 p.m. for kindergarten and preschool, Monday through Friday, with extended childcare hours for the students offered ITom 7:00 a.m. to 8:30 a.m. and 2:30 p.m. to 5:00 p.m., Monday through Friday. The school employs ten full-time teachers, three part-time teachers, and three full-time administrative staff. The northern portion of the site contains nine modular buildings of 960 sq. ft each for four classroom buildings, a multi-purpose building, and an administrative office for the Bonita Country Day School. In addition, there is a fully enclosed playground facility between the buildings and the parking lot for the children. The outdoor playground area is used on a rotated basis in order to separate the older children form the younger ones. Also a covered lunch area is located in between the modular buildings. Page 3, Item: Meeting Date: 06/08/05 A total of 57 parking spaces serve the school during the week and the church during the evenings and on weekends. The hours of operation for the school would be from 7:00 a.m. to 5:00 p.m. (including extended childcare). The church hours would be evenings and on Sundays. The alternate times of operation would provide for a co-use of the multi-purpose facility, playground and parking spaces. ANALYSIS: The Chula Vista Municipal Code defines a school as an unclassified use as a quasi-public use. Many unclassified uses can be considered for location in any zone upon approval of a conditional use permit by the City Council following recommendation by the Planning Commission. The proposed use has not interfered with the surrounding uses, since most of these uses are compatible with the school, or are the same use as the school. For example, Bonita Vista Junior High is located to the west, condominiums to the north, open space to the south, and open space and single family residential to the east. The site is also near two other schools, Bonita Vista High School and Southwestern College both to the south. The modular buildings are arranged in a semi-circular configuration on the northerly portion of the site, facing an outdoor lunch and playground area to the south. This is to help prevent any noise or disturbance for the condominium units to the north. Landscaping is also installed along Otay Lakes Road and around the playground area to buffer the noise from the single family residents to the east. The lot has sufficient size to accommodate the proposed uses as well as outdoor activities for the children. No changes will occur to the site. It should be noted that the applicant is in negations with Trimark Pacific Homes to purchase approximately 5.1 acres ofland with a 1,500 square foot building in the San Miguel Ranch area to be the permanent site for Bonita Country Day School. It will be approximately two year before Bonita Country Day School will begin construction on the new property. At the end of the interim period of five years, all structures would be removed leaving the church to proceed with its Phase II construction of permanent classroom buildings, fellowship hall, etc. This project is consistent with the General Plan and the Bonita Long Canyon Planned Community, Public Quasi Zone. Approval of the project requires compliance with the applicable codes and regulations. CONCLUSION: Staff recommends adoption of the attached Resolution PCC-05-021, recommending that the City Council allow the Bonita Country Day School to continue to operate a private non-profit elementary school for an interim period of five years at 625 Otay Lakes Road based on the findings and conditions contained herein. Attachments 1. Locator Map 2. Draft Planning Commission Resolution PCC-05-021 3. Draft City Council Resolution PCC-05-021 J:\Planning\Caroline\Discretionary Permit\PCC-05-021 PC Agenda Statement ----- \ ',,/ /~ / / / .I Bonita Vista Middle School \q c:l <.:: \ ~ \ ~ \~ \ \ \ '\ \ \ 7 Jr\ // \ ,------ /\~ ~/>\ \v \ \ / / / \ / /;;~ ~' \. ///( '<, ~\ 'V// ^ '\. / \ V ' ---------- ". ~\ / /(/ ( \ \ )/ / /, . "'.- \ \'/ " , '/ ". '''. , ~ LEGEND '''''~ D Project Location CHULA VISTA PLANNING LOCATOR C9 ~E No Scale AND BUILDING DEPARTMENT PROJECT Bonita Country APPLICANT: Day School PROJECT 625 Otay Lakes Road ADDRESS: PROJECT DESCRIPTION: CONDITIONAL USE PERMIT Request Proposal for elementary school classrooms and playgrounds for 140 students in grades pre-kindergarten through sixth grade NORTH FILE NUMBER: PCC-05-021 J:\planning\carlos\locators\pcc05021.cdr 12.06.04 RESOLUTION NO. PCC 05-021 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on November 10, 2004, by Suzanne Catanzaro on behalf of the Bonita Country Day School; and WHEREAS, said applicant requests approval of a conditional use permit, PCC-05-021 to establish, for an interim period of five years, a private school for up to 140 pre-kindergarten through six graders at 625 Otay Lakes Road in the Bonita Long Canyon, Planned Community Public Quasi Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1, categorical exemption pursuant to Section 15301, (Existing Facilities), of the State CEQA guidelines and no further environmental review is necessary; and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said 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 and residents 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 June 8, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the resolution approving the conditional use permit, PCC-05-02l, in accordance with the findings and subject to the conditions contained in the draft City Council resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSTAIN: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY OF CHULA VIST A CITY COUNCIL APPROVING CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AND TO WAIVE ALL APPLICATION FEES FOR THIS PROJECT AT 625 OT A Y LAKES ROAD IN THE BONITA LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on November 10, 2004, by Suzanne Catanzaro on behalf of the Bonita Country Day School; and WHEREAS, said applicant requests approval of a conditional use permit, PCC-05-021 to continue a private school, for an interim period of five years, for up to 140 pre-kindergarten through six graders at 625 Otay Lakes Road in the Bonita Long Canyon, Planned Community Public Quasi Zone; and WHEREAS, said applicant also requests waiver of all application fees based on their established non-profit organization status; and WHEREAS, current Council Policy and Chapter 3.45 of the Chula Vista Municipal Code provides an option for the waiver of fees for nonprofit organizations; and WHEREAS, the City Council has found that the payment of fees by this organization would pose an economic hardship on the school; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1, categorical exemption pursuant to Section 15301, (Existing Facilities), of the State CEQA guidelines and no further environmental review is necessary; and WHEREAS, the Planning Commission held a public hearing on June 8, 2005 and voted _ to recommend that the City Council approve the project based on the findings and subject to the conditions contained herein; and WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use Permit and notice of said 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 and residents 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 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and describes, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The interim use of this site will allow the school to continue to offer an educational alternative and service to the community pending the location of appropriate permanent facilities. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The site layout has been designed and conditioned to avoid potential noise impacts to nearby residents, and architectural enhancements and landscape screening have been utilized and demonstrated the ability to diminish any potential negative aesthetic impacts considering the interim nature of the use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-05-021 requires compliance with all conditions, codes and regulations, as applicable. The City Council finds that the request meets the code requirements as follows: (A) The Chula Vista Municipal Code Section 19.54.020(d) defines a school as an unclassified use. (B) The parking spaces provided are adequate for the proposed uses. (C) There is adequate drop off area for the school. (D) The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. (E) There is adequate on-site play area outside of the building for the school. (F) No existing changes will occur on the site, which is visibly compatible with the surrounding church and school to the south and west of the subject site. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Project will increase the educational opportunities for the children in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. Furthermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways etc). BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby grant Conditional Use Permit PCC-05-043 for a term to expire on June 21, 2010, subject to the following conditions:: PLANNING & BUILDING DEPARTMENT 1. The site shall be maintained in accordance with the approved plans, dated November 10, 2004, which include site plan, floor plans, and elevations plans on file in the Planning Division, the conditions contained herein, Title 19 of the Municipal Code, and the Bonita Long Canyon Residential Development Standards. 2. Ensure that the proposal complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the following: a) Enrollment is limited to 140 students; b) School hours shall be limited to 8:00 a.m. and 2:45 p.m. for Grades 1-6 and 8:30 a.m. and 2:30 p.m. for kindergarten and preschool, Monday through Friday; c) Extended childcare house for students may only be provided between 7:00 a.m. to 8:30 a.m. and 2:30 p.m. to 5:00 p.m., Monday through Friday; d) After school enrichment activities, such as piano lessons, science experiments, gymnastics, etc. may only be offered between 2:30 p.m. and 4:00 p.m., Monday through Friday; e) Recess times shall be staggered at three intervals. No more than approximately forty students shall be allowed on the main playground for recess at one time. t) The times of arrival and dismissal shall be staggered to relieve traffic congestion in the parking lot as well as on Otay Lakes Road. The staggered hours will avoid congestion with traffic for both Bonita Vista Middle and Bonita Vista High School. g) Students shall not be allowed on the northerly portion of the property between the building and the condominiums to the north. 3. Comply with State Licensing and Certification requirements, and all codes and requirements of the City ofChula Vista. ST ANDARD CONDITIONS 4. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 5. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 6. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 7. This permit shall expire five (5) years after the date of its approval by the City Council. The City Council shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required. 8. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 9. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and aU of applicant's/operator's successors and assigns. 10. Execute this document by making a true copy of this letter of conditional approval and signing both this origina11etter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representative Date 11. Any change to the operational profile of this Project, any request for an expansion of the use as described herein, or any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 12. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby grant a waiver of all application fees and directs that all deposits be reimbursed to this organization. Presented by: Approved as to form by: James Sandoval Director of Planning & Building Ann Moore City Attorney J:\PLANNING\CAROLlNE\ Discretionary Permit/PCC-05-021 CC RESOLUTlON.DOC =iF~ ~~~ :--.-: ~~ CllY OF CHULA VISTA Deparbn.en~ of Planning and Building Date: May 25,2005 Subject: Planning Commission ~ Jim Sandoval, Director of Planning and Build~....... Dan Forster, Growth Management coordinat# Briefing on GMOC Growth Management Program "Top to Bottom" Recommendations To: Via: From: On June 8, 2005, I will provide the Planning Commission with an infonnational presentation on the currently proposed changes to the City's growth management program. You may recall that in April 2003 the City Council directed that a "Top to Bottom" review be conducted of the City's growth management program. That review effort has been ongoing over the last 2 years. At the upcoming GMOC Joint Workshop with the City Council and the Planning Commission on June 23, 2005, the GMOC will be presenting a set of recommended changes. These recommendations are a product of input from outside consultants, city staff, and the GMOC. It is requested that these recommendations be accepted in principle in order to guide the redrafting ofthe growth management ordinance and program document. That redrafting will occur over the next few months. The presentation to the Planning Commission on June 8 is intended to provide a preview of these changes and to address any questions the Planning Commission may have. Note, you are not being requested for an action on the recommended changes at this time, that recommendation will be requested at the Joint Workshop. The section of the GMOC annual report that discusses the proposed growth management program changes is attached. I can be reached at 476-5348 should you have any questions prior to the meeting. Attachment as indicated 4.0 RECOMMENDED GROWTH MANAGEMENT PROGRAM CHANGES 4.1 Background As a component of the Growth Management Progr of responsibilities, among these include: · Whether any new threshold should be ado te goal. · Review and make any appropriate reco achieving the enforcement outlined. C is tasked with a number g the means of Consistent with the points above, the focus of the GMOC has been the thresholds and the means of achieving their enforcement, or what is termed "Implementation Measures". These two aspects, thresholds and implementing measures, are key to how the growth management program works, particularly at the GMOC level. The thresholds are reasonably well understood as a set benchmarks for a service or facility with a monitoring function to measures how growth may degrade this over time. The second part is, if the benchmark level drops below the acceptable set level what is done about it? This is embodied in the "implementing measures". Naturally, it is critical to view these two factors in tandem, as it is the implementing measure that is really what directs the nature and extent of public sector response to a threshold failure. The following recommendations for changes in the City's growth management program have been endorsed by the GMOC. These recommendations are being presented as an opportunity for Council to provide guidance on direction. Council is being requested to approve the recommendations in principle While listing a set of recommendations and requesting Council's acceptance, the actual specific language that will become the updated thresholds and implementation measures will be brought forward by City staff in the form of an updated growth management ordinance and Program Document. It is intended that the recommendations contained herein will in some cases provide specific language and in other guidelines to follow. Both the ordinance and Program Document will be reviewed and commented upon by the GMOC prior to being submitted to Council. GMOC Annual Report May 2005 4.2 Overall Changes - Implementation Measures 4.2.1 Use of Moratorium The current Growth Management Program document has a provision that if there is a threshold failure for Police, Fire, Traffic, and Parks ( er 3 years), "the City Council shall schedule and hold a public hearing for the p s 0 opting a moratorium on the acceptance of new tentative map applications." Recommendation: This is recommended to b 4.2.2 Further, the moratorium w be pI Building permits are mo applica approved tentative map an(\)or would have no effective r ult. Statement of Concern Currently, when a threshold fails r i ere is a "serious problem" regarding a threshold that is the responsibility of an outs. agency a "Statement of Concern" is issued by the GMOC. Once issued the City Council is required to consider the adoption of a resolution reflecting that concern to be directed to the responsible public agency. This applies to water, air quality, schools, and sewer. Recommendation: There are two recommended changes. The "serious problem" is changed to just "problem" and that once a "Statement of Concern" is issued, the GMOC may make specific recommendations to the City Council regarding what actions the City may take to assist in resolving this problem. The specific requirement to issue a resolution to the "responsible public agency" is recommended to be removed, although this can still be a recommendation. This sets a better interagency tone, as it focuses attention on what it is the City can do. As such this approach builds a more constructive relationship. In addition, it is recommended that the termlheading "Statement of Concern" be used in application to all thresholds, if there are issues or concerns that the GMOC wishes to bring to the Council's attention. This reflects what already occurs in practice and remains an important outlet for the GMOC. Note, the range of what can be expressed in a "Statement of Concern" can be defined. Currently, the GMOC review process is supposed to coincide with the CIP program so that GMOC recommendations can be considered in the capital budget process. In a few instances there may be more programmatic kinds of impacts when terms like "adequately staffed", as is currently in place, may lead to a comment. A "Statement of Concern" may also advise use of a permit metering system when a threshold is anticipated to fail given development trends so as to avoid the need to consider a moratorium. GMOC Annual Report 2 May 2005 4.2.3 Use of Master (and or Strategic/Specific) Plans Master Plans exist or are being developed for Police, Fire, Parks and Recreation, Library, Sewer, and Drainage. Recommendation: While these documents are not part of the threshold, they (or their update), are recommended to be called upon to provide the definition of key terms (like what is adequately equipped and staffed for libraries) so that there is no ambiguity and the GMOC has clear guidance. It is preferable that th MOC does not feel obliged to come up with their own definitions. Of particular note, these plans and their imp Ierne ati approved by Council and as such they are already the action by the GMOC will not result in addit" owth related the use of a moratorium is efficient use of resources not managing 4.3 Threshold And Implementation Measure Specific Changes 4.3.1 No Significant Changes: Air Quality, Water, Sewer, Drainage, Fiscal Editing may be required for clarity and updating but the essence of the threshold will remain unchanged. 4.3.2 Fire and Emergency Medical Services Recommendation: That the Threshold be more clearly defined for growth management purposes as arriving at the building address which has been the current and historic practice. This is inserted to deal with the issue if response time ends when you are at the curb or at the door. This will become more pertinent as additional mid and high-rise residential structures are added to the city, as it will take additional time to reach the door, say on the 11th floor. This effectively keeps the growth management response time threshold consistent. Recommendation: A multi-step implementation measure is prescribed. 1. If the plan is not being implemented per schedule but the threshold is met, no action is required. 2. If the threshold fails but the Master Plan is being implemented on schedule, then it is a management and not a growth issue. GMOC Annual Report 3 May 2005 3. If the threshold fails due to growth related issues and the plan is not being implemented per schedule, then there is the consideration of a moratorium as is currently the case. Note: the Fire-EMS Master Plan may have a response time standard that is shorter than the growth management standard. But, it will remain the growth management standard which sets the benchmark that should not be lowered due to growth impacts. It is the GMOC's position that the updated Fire Master Plan r ponse time threshold will be a goal set for design purposes. The growth managemen s ard is meant to represent a minimum level of service and is not being change . Recommendation: is eco d "Statement of Concern" i iss d her t e MOC can offer suggestions on how to correct the problem and not ec sa .ly ons der a moratorium, which is viewed as an extreme measure for a Priority fa! ure. addition, the GMOC is in agreement that the quality of service provided on t sc shares a place with response time as being an important quality of life measure. ay to adequately measure this quality of service in a growth management context remains elusive. However, the GMOC may request qualitative measures of Priority 2 service as a possible balance for not meeting the response time standard. d d tl1 the same process as urrently, if the Priority 2 stances, this also results in 4.3.3 Police If the Priority 1 calls do not meet the resp currently defined applies, which is to co er call response time is not met due to consideration of a moratori 4.3.4 Traffic Two major changes. Recommendation: If the GMOC determines that the traffic threshold will/may fail within 3 years a "Statement of Concern" is issued. Currently, the GMOC has no formal voice to address a forecasted failure. This provides a critical signaling mechanism to Council so that, if they choose, Council can consider whether to impose growth moderating mechanisms such as a permit metering system. Recommendation: Given the distinct nature of urban or urbanizing areas it is appropriate that there be a traffic threshold level of service designated for an "urban street level of service". While the GMOC has not endorsed a specific level of service proposal the justification for such a "dual" system is recognized. 4.3.5 Parks and Recreation Recommendation: The significant change is to create a city-wide parks threshold based on the 3 acres per 1,000 standard for additional growth both east and west. If assembling 3 acres per 1,000 proves impractical an in lieu fee based on the value of the GMOC Annual Report 4 May 2005 land can be applied at City discretion. Those fees will be used to purchase parkland and facilities as identified in the updated Parks Master Plan. Recommendation: The Parks and Recreation threshold already indicates that "appropriate facilities" will be provided, it is recommended that added to this will be that facilities are adequately staffed (consistent with the Library threshold) with appropriate hours of operation. The GMOC believes that having a facility does not necessarily meet the threshold unless it is open to service the communi . Appropriate facilities will be defined in the updated Park and Recreation Master Pat fing and hours of operation can be presented to the GMOC in an annual re rt outh es staffing and operating hours by facility, indicating changes from last y ar, t e s plan, with comment on how this provides adequate service. A separate I lem ion asure for these items is proposed to be a "Statement of Concern" and .1. co ora lang ge so that this part of the threshold will be recognized as being tentia bj t to e fluctuations based on a number of criteria. 4.3.6 Library Recommendation: T Ii ary hre staffed". It is proposed tha "WI a ro i e urs of operation" be added for the same reason it is being proposed t be d d t the Parks and Recreation threshold. Staffing and hours of operation can be resente 0 the GMOC in an annual report that outlines staffing and operating hours by li a ndicating changes from last year, next years plan, with comment on how this provides dequate service. The Implementation Measure is split between the square footage requirement and the equipment, staffing and hours of operation concern. For the latter, as with Parks and Recreation, a separate Implementation Measure for these items is proposed to be a "Statement of Concern" and will incorporate language so that this part of the threshold will be recognized as being potentially subject to wide fluctuations based on a number of criteria. 4.3.7 Schools Recommendation: The school's threshold is recommended to be changed so that it specifically indicates that "accommodation" refers to the physical facilities not programs. It also allows for the analysis of sub-areas, to specifically consider the situation in the east as opposed to the west. This may have implications for differentiating financing schemes, the impacts of differing generation rates, and the adoption of non-traditional building footprints. The Implementation Measure will remain a Statement of Concern, but the focus, as referenced earlier, will be that the GMOC will recommend or suggest through the City Council ways that the City may assist the school district in addressing the identified problem. GMOC Annual Report 5 May 2005 4.4 Organization The basic structure and organization of the GMOC as referenced in the current "Program Document" is recommended to remain largely as is with edits to reflect the changes approach that have evolved over time. One procedural change is recommended. It is recognized that the Planning Commission has an important role in understanding the growth management program and how this may influence their recommendations to Council 0 yarious approvals. Having a representative from the Planning Commission on t G emains an essential aspect of our membership and greatly assists in inter c m n c unication. Further, the Planning Commission should remain as a particip nt n ye ly GMOC, Council, and Planning Commission annual report workshop. Second, currently when a morat urn is imposed it is directed at tentative maps. Tentative maps are acted upon by the Planning Commission so that in this case a GMOC recommendation would potentially influence a Planning Commission function and should legitimately be reviewed by them for their "action". However, the use of a moratorium is now being recommended to be shifted to building permits which are not subject to Planning Commission review. GMOC Annual Report 6 May 2005