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HomeMy WebLinkAboutPlanning Comm Reports/1982/03/24 AGENDA City Planning Commission Chula Vista, California Wednesday, March 24, 1982 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER APPROVAL OF MINUTES - Meeting of March 10, 1982 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Consideration of General Plan Amendment to redesignate approximately ll acres located at the southeast quadrant of Oxford Street and Industrial Boulevard, from "Retail Commercial" to "Research and Limited Industrial" 2. Consideration of Final EIR-81-3 on EastLake Planned Community (continued from March lO meeting) 3. PUBLIC HEARING: Consideration of General Plan Amendment to change the designation of approximately 4.8 square miles from "Agriculture and Reserve," "Residential 1-3 DU/acre" and Residential 4-12 DU/acre" to a series of urban densities as well as commercial, industrial, parks, schools and public open space in the area between Southwestern College Estates and Otay Reservoirs - EastLake/Cadillac Fairview Homes West (continued from March 10) 4. PUBLIC HEARING: a. Consideration of request to prezone approximately 4.8 square miles to P-C (Planned Community) and approve General Development Plan - Cadillac Fairview Homes West (continued from March 10) b. Consideration of Candidate CEQA Findings on the proposed EastLake Planned Community (continued from March lO) c. Consideration of Statement of Overriding Considerations on the proposed EastLake Planned Community (continued from March 10) DIRECTOR'S REPORT COMMISSION COMMENTS To: City Planning Commission From: D.J. Peterson, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of March 24, 1982 1. PUBLIC HEARING: Consideration of General Plan Amendment to redesignate approximately 11 acres located at the southeast quadrant o'f Oxford Street and Industrial Boulevard, from "Retail Comer~i~l" to "Research and Limited Industrial" A. BACKGROUND 1. The property owner's representative, J & J Investments, has filed an application for the prezoning of the property in question in conformance with this proposed General Plan Amendment. The adoption of this amendment is pre- requisite to the consideration of the petitioned prezoning. 2. On June 16, 1981, the City of Chula Vista prezoned the subject eleven acres of land, and the balance of the 16 acre parcel of which these ll acres are a component, to "C-C-P." This prezoning was environmentally considered under IS-81-21, and a Conditioned Negative Declaration was certified in connection therewith. At that time the staff report noted that applications would be processed to amend the General Plan and change the zoning from Commercial to Industrial on the subject property. The Environmental Review Coordinator has determined that the proposed General Plan Amendment does not require additional environmental assessment. B. RECOMMENDATION Adopt a motion recommending that Council amend the plan diagram of the Chula Vista General Plan to depict the redesignation of the subject ll acres of land from "Retail Commercial" to "Research and Limited Industrial," as shown on Exhibit A. C. PLANNING AND ZONING INFORMATION 1. The subject site is situated within the unincorporated territory of San Diego County and is designated "Heavy Industrial" under the South Bay Community Plan. It is zoned M-52 (Limited Industrial) in the County. The 11 acres in question are vacant and level, and were previously devoted to the production of truck crops. 2. Existing General Plan designations (see Exhibit A) North - Research and Limited Industrial, and Retail Commercial South - Retail Commercial (adjacent), and Research and Limited Industrial (south side of Palomar Street) East - Retail Commercial West - Retail Commercial (MTDB right-of-way) 3. Adjacent zoning and land use (see Exhibit B) North - I-L-P and C-C (City) Vacant and retail shopping center South - M-52 (County) Vacant East - C-36 (County) Retail and service commercial center West - M-52 (County) MTDB right-of-way City Planning Commission Agenda Items for Meeting of March 24, 1982 Page 2 D. ANALYSIS 1. The proposed redesignation would be compatible with the existing and projected land-use patterns of the Harborside subcommunity, and would enable the property owner to develop the limited industrial-retail commercial complex proposed for the subject 16-acre parcel of land. 2. The proposed expansion of the Montgomery area's industrial territory would be consistent with the economic interests of local residents, as well as the Chula Vista Planning Area. This expansion would spur employment, and encourage trade and exchange. 3. The 11-acre limited industrial park proposed for the site was recently approved by the County. E. CONCLUSION The proposed General Plan amendment, in conjunction with the subject site's prezoning and annexation, would facilitate the development of a well-planned industrial park within this municipality. MEDIUM 'D ........ "" .... :' ................. =~Sr[¥ -- ...::::::::;;: ...RES/D= ,-- I-- ...... ................ -[~J t IAL . ·. ~- .... F'.,~ .:iF::::::::'H ...... ' .......... "' "':::::NAPLES SI -..::::..iii ~PROPOSED ....... ' ::::: LTD INDUS -- ' ..... ...-....:-:-:-?:-:... o. o o o o .,, ,,..o.o :-:-'.-i-?:-:-:-'-'.-'.-:-i'i':'i'. o o ' ~RESEARCH ......... ~::::::::::! ~LTD. . ~ ........... EXHIBIT A ~ ~ . g PA 82.-2 ~DPEN SPACE PROPOSED '~" ;.-' General Plan Designations ~' '"&-'* ' ' NORTH ~ I HARBORSl DF' . RU~9 FURNITURE MFG. '"":::":' , CGP co. ~ -,. =REZONE) GPA 82-2 Existing Land Use ~ Zoning 0 2~' 400' ~ / NORTH City Planning Commission Agenda Items for Meeting of March 24, 1982 Page 3 2. Consideration of Final EIR-81-3 on EastLake Planned Community 3. PUBLIC HEARING: Consideration of General Plan Amendment to change the designation of approximately 4.8 square miles from "Agricul- ture and Reserve," "Residential 1-3 DU/acre" and Residential 4-12 DU/acre" to a series of urban densities as well as commercial, industrial, parks~ schools and public open space in the area between Southwestern College Estates and O~ay Reservoirs - EastLake/Cadillac Fairview Homes West (continued from March lO) 4. PUBLIC HEARING: a. Consideration of request to prezone approximately 4.8 s.quare miles to P-C (Planned Community) and approve General Development Plan - Cadillac Fairfiew Homes West (continued from March 10) b. Consideration of Candidate CEQA Findings on the proposed EastLake Planned Community (continued from March 10) c. Consideration of Statement of Overriding Considerations on the proposed EastLake Planned Community (continued from March 10) A. BACKGROUND On March 10th the Planning Commission opened the public hearing and took testimony from the staff, the applicant, and members of the audience and, because of the lateness of the hour, continued the hearing to the meeting of March 24, 1982. B. DISCUSSION 1. This report should be considered supplemental to the March 10, 1982 report. The fomat of this report will be that of a question and answer series with the questions being those posed by various members of the Planning Commission on March 10th, followed by the answers that we have been able to develop so far. 2. Questions. a. What would happen if the City should not approve the EastLake plan? Would the County approve EastLake if the City should not approve it? Ultimately, this is a political question and we cannot say for sure what the Board of Supervisors might do. However, it is clear that the EastLake proposal is not in conformance with the County's growth management plan or their general plan. The posture of the County continues to be that they are unable to provide urban level services to unincorporated areas, and therefore, development proposals which contemplate urban types of densities will not be considered by the County but should be annexed to the nearest city. Under the County's general plan and growth management plan, the types of development that would perhaps be approved by the County would be a low density residential development consisting of develop- ment ranging between one dwelling unit for each 2 acres to one dwel- ling unit for each 20 acres. City Planning Commission Agenda Items for Meeting of March 24, 1982 Page 4 b. If Bonita Long Canyon Estates should not develop and EastLake does develop, what would the impact of the EastLake development on drainage in Long Canyon? The conditions of approval of the Bonita Long Canyon Estates S.P.A. plan required the developer to construct drainage facilities or ponding basins to guarantee that that development would not add to the drainage problems already existing in Long Canyon. If Bonita Long Canyon Estates should not develop and if EastLake does develop first, similar conditions of approval would be placed on the EastLake development so that it also would not exacerbate downstream drainage problems. c. The financial analysis in the E.I.R. assumes that the City will provide library services, for example, and yet some of the recommended conditions of approval require the applicant to )articipate in the cost of providing library services. The figures in the E.I.R. represent the ongoing cost of providing various city services. These are costs which the city would experience each year pretty much for the life of the project. At some point early in the development of EastLake, these costs as shown in the E.I.R. are somewhat overstated for a period of about one year to the extent that the developer would be required to contribute to start-up expenses. d. Is the staff aware of any industrial park of over 200 acres which is located as far away from a freeway as the proposed industrial park in EastLake? The proposed industrial park in EastLake is approximately 5.7 miles from 1-805. To the best of staff's knowledge, the industrial area within the county which is furthest removed from a freeway is the industrial development now occurring in the vicinity of Palomar airport. Palomar airport is approximately four miles away from I-5. Other substantial industrial park development within the county is considerably closer to a freeway than the Palomar airport develop- ment. e. Should the developer participate in the payment of salaries for school teachers for some "start-up" period in EastLake? The two school districts do not feel it necessary to require the developer to provide "start-up" costs for teachers' salaries as payments from the State in the form of average daily attendance plus other revenues available to the district are sufficient for this purpose. City Planning Commission Agenda Items for Meeting of March 24, 1982 Page 5 f. What is the status of some of the major developments which have recently been approved by the City, such as the Watt development at 1-805 and "H" Street, Bonita Long Canyon Estates, and others? While actual construction in the past year has been slow, the number of approvals of tentative maps and specific plans by the Planning Commission and the City Council remains quite high. Attachment l, entitled "Approved Units in Subdivisions and/or S.P.A.'s," indicates that over the last two years or so 4300 units have been approved. Of those, only 106 have been constructed, so approximately 4200 are yet available for construction under previously granted approvals. At the rate of construction over the past few years, these 4200 dwelling units would not be completed until 1992. At the average rate of construction over the last ten years, it would take 4.7 years to absorb the 4200 dwelling units. g. Assuming a worst case condition with respect to availability of water to the San Diego area, what would be the impact upon existing residents of the construction of EastLake during a period of low water availability? Attachment 2 indicates that the annual consumption of water within the Otay Water District is 170 gal. per capita per day. The comparable figure within the area served by the Sweetwater Authority is 163 gal. per capita per day. Under critical water con- ditions and assuming a County population of 2,100,000 in 1990 and the loss of 550,000 acre feet of Colorado River water to Arizona, 85,000 acre feet to Owens Valley, and 64,000 acre feet to Indian tribes, water availability to residents of Otay Water District would be 42 gal. per capita per day. The comparable figure for the Sweetwater Authority service area would be 71 gal. per capita per day. These reductions amount to 75% and 56%, respectively, and would obviously affect normal activities. For comparison purposes, during the 1976-77 drought, residents of the Marin County area (across Golden Gate Bridge from San Francisco) were limited to 74 gal. per day per person. During that time, many residents felt as though they were being severely imposed upon. Because of time constraints, the information in this report has not been reviewed by either the Otay Water District or the Sweet- water Authority. Also, staff is not aware of contingency plans or water allocation plans by those agencies as between industrial and commercial users and residential users. These matters are being investigated and will be discussed orally at the March 24 Planning Commission meeting. 3. Additional staff comments. a. Many persons have commented on the traffic study portion of the E.I.R. and staff wishes to underscore a few of the points which have already been made. The traffic study area was a much larger area than encompassed by EastLake. The City Planning Commission Agenda Items for Meeting of March 24, 1982 Page 6 study assumed development of the EastLake plan and it also assumed certain levels of development on properties under the ~wnership of United Enterprises and Union Oil Company. The study then tested the circulation system under two networks so that the traffic impacts upon the street system outside of EastLake could be evaluated assuming completion of substantial offsite improvements (Orange Avenue between 1-805 and the project, Otay Valley Road between 1-805 and the project, and connection of the Route 125 corridor to the Route 54 freeway --Network 1). The study also evaluated the impact on the street system which would result from an incomplete system which did not involve the extension of Orange Avenue east of 1-805, the extension of Otay Valley Road east of 1-805, and the construction of Route 125 up to Route 54 (Network 2). The study further evaluated the proportion of traffic load under those two networks which would be attributable to EastLake. This information is set forth graphically on pages 52, 53, 54 and 55 of the E.I.R. These pages merit close attention by the Planning Commission. It should also be noted that one of the assumptions in the traffic model has the effect of substan- tially underestimating the volume of traffic. That assumption (under Network l) was that the large holdings of United Enterprises would be developed at a density of only one dwelling unit for each 4 acres. If the EastLake project is approved, it is clear that those areas outside of EastLake would also be developed at some point in time at a density much higher than one unit for each four acres. This should be born in mind as the Commission considers the traffic impacts which would result from approval of the EastLake project. b. Page 11 of the "Complete Staff Report on EastLake . . "indicates the level of service at selected freeway interchanges and street intersections under the same land use assumptions as described above. Again, while levels E and F are highly undesirable, it is clear that levels would be even lower if realistic densities were assigned to the United Enterprises ownership (Otay Ranch) unless additional improvements are made to increase capacity. 4. United Enterprises letter of March 10, 1982. The United Enterprises letter of March 10, 1982 raises three points which will be discussed in this section. a. United Enterprises first point expresses their concern over the possibility of their ownership being "permanently frozen" into an agricultural designation while surrounding ownerships are being designated for urban development. From a realistic standpoint, it seems very unlikely to me that the United Enterprises ownership would be denied the prerogative of developing with some arrangement of urban uses, either with or without the approval of EastLake. As a practical matter, if EastLake is approved it is conceivable that development of United Enterprises property could be delayed simply because the housing produced within the EastLake development might satisfy virtually all of the demand for housing within the Chula Vista area. While it might be nice to envision the United Enterprises area, or some portion of it, as being permanently devoted to agriculture, the City Council has never indicated that as an objective. The first point may also embody the concern that if the relatively high densities embodied in the EastLake plan are approved, lower densities may be assigned to the United Enterprises property to avoid overloading public facilities. This concern has some validity and it illustrates the wisdom of studying and preparing plans for the entire area before approval for development is given to one portion of the area. City Planning Commission Agenda Items for Meeting of March 24, 1982 page 7 b. United Enterprises second point contains two elements. The first is that the temporary pumping of sewage into the Telegraph Canyon basin from areas in EastLake not tributary to that basin may use so much capacity in the Telegraph Canyon line that areas owned by United Enterprises which are tributary to Telegraph Canyon will not be able to utilize that line. This is a legitimate and serious concern which is addressed in recomnended conditions of approval No. 37, 38 and 39. These conditions safeguard the interests of United Enterprises. The second element of the second point expresses concern that any sewage treatment plant be located wi thin the EastLake development and that it not adversely affect their ownership. At this point a location for a sewage treatment plans has not been established. However, such a location and the design of the plans must first consider logical gravity areas to be served rather than pure land ownership configurations. If it should be determined that the public interest is best served by using some portion of United Enterprises land for disposal, then the use of eminent domain may become necessary. c. The third point made in Un~ted Enterprises March 10 letter expresses concern that pumping noises associated with a reservoir to be constructed on their property in the Proctor Valley area not be detrimental to their property. This is a small podnt which need not be a part of the Conmission's review at this time. It will be addressed at the appropriate time. Status as of 3/15/82 APPROVED UNITS IN SUBDIVISIONS AND/OR SPA'S PROJECT COMPLETED TOTAL UNITS Summit Point {Hidden Vista} 0 329 Detached~ 640 Condos~ 1,194 225 Apts. Ladera Villas 0 26 S.F. 26 E1 Rancho del Rey #6 0 370 S.F./Duplex 370 Brightwood Village 0 9 Condos 9 Hudson Valley 0 15 S.F. 15 Charter Point 0 275 Townhouses 275 Pepper Tree 0 15 S.F. 15 Casa del Rey ~\-~ ~ 38 220 S.F. 220 Snug Haven 0 17 Condos 17 Bonita Centre East 0 110 Condos 110 Centre Villas 0 26 Condos 26 Rancho Robinhood #3 ~)~ 68 110 S.F. 110 Bonita Hacienda 0 56 S.F. 56 Las Flores 0 20 S.F. 20 Gateway 0 205 Townhouses 205 Lansdown Villas 0 20 Condos 20 Bonita Long Canyon 0 835 S.F. 835 Villa Contessas - 200 block 'H' 0 18 Condos 18 Hilltop Terrace 0 90 Condos 90 Casa Ciudad 0 38 Condos 38 Telegraph Point 0 256 Condos 256 Santa Angela 0 26 Condos 26 Star/Orange 0 176 Condos 176 Carabella 0 11 Condos 11 Mission Verde 0 102 Condos 102 Bonita Crest 0 60 Condos 60 Woodland Park - Walnut/Main 0 27 S.F. 27 106 4,327 Units 4,327 Units 106 Constructed 4,221 Net Units Available Attachment 2 WATER OUTLOOK Although legal water entitlements have not been resorted to in the past, conceivably in a critical water period*they could be utilized. Legal water entitlements are based upon an agency's accumulated taxes and special assess- ments (exclusive of water purchases) relative to the total accumulated taxes and special assessments for the entire County Water Authority (CWA). On this basis, Otay Water District has a 1.84 per cent legal entitlement and Sweetwater Authority has a 7.73 per cent legal entitlement. CWA's legal entitlement within the Metropolitan Water District (MWD) is based upon the same accumulated taxes principle and is approximately 10 per cent of the water available to MWD. Historically, CWA has used about 25 per cent because Los Angeles has not used its full entitlement. The following tabulation summarizes the water outlook for Chula Vista's two water purveyors based on legal entitlements and worst year conditions. 1980 Base Year Data San Diego County Population 1,800,000 178 gal. per day per capita Otay Water District Population 60,000 170 gal. per day per capita Sweetwater Authority Population 148,900 163 gal. per day per capita 1980 Population with Worst Year** Conditions San Diego County Local water supply 27,000 acre feet Metropolitan Water District water supply 151,000 acre feet Total 1 8-T~,O00 acre feet Per capita - County wide 88 gal. per day Otay Water District @ 1.84% legal 49 gal. per day Sweetwater Authority @ 7.73% legal 82 gal. per day 1990 Population with Worst Year** Conditions Total available water 178,000 acre feet San Diego County population projection 2,100,000 Otay W.D. population projection 70,000 Sweetwater Auth. population projection 173,700 Per capita - County wide 76 gal. per day Otay W.D. @ 1.84% legal 42 gal. per day Sweetwater Auth. @ 7.73% legal 71 gal. per day *A critical water period is defined as three or more critical water years in succession. Had the 1976-77 drought extended one more year we would have had a critical water period. To date, California has had several extended dry periods, but no critical water period. **Worst year conditions are the loss of 550,000 acre feet to Arizona, 85,000 acre feet to Owens Valley, 64,000 acre feet to Indian tribes and a critical water year. UNITED ENTERPRISES, INC. March 10, 1982 Planning Conaaission City of Chula Vista 276 Fourth Avenue Chula Vista, California 92010 Re: March 10, 1982 Meeting, Agenda Item No. 4 Eastlake Project General Plan Amendment, Pre-Zone, Candidate CEQA Findings, and Statement of Overriding Considerations Honorable Commissioners: United Enterprises, Inc. hereby identifies some of its concerns regarding the above-referenced matters which will be considered by the City of Chula Vista Planning Commission. This analysis is by no means exhaustive, in light of the length and complexity of the issues which are potentially generated by the proposed project known as Eastlake. Thus, United Enterprises intends to address its concerns more fully to the City of Chula Vista City Council. 1. Retention of Acreage Pursuant to Agricultural and Open Space Land Use Designations. A potential ramification of the approval of the pending General Plan Amendment, Pre-Zone, Candidate CEQA Findings, State- ment of Overriding Considerations, and ultimate Annexation sanctioned by LAFCO is that: United Enterprises may be unwarrantedly penalized at some future date when internal company policy authorizes that develop- mental land uses should be pursued instead of agricultural and ranching land uses. Stated more concisely, as a consequence of the obtaining of the various governmental approvals for the Eastlake project referred to hereinabove, substantial pressure may be brought to bear on the City of Chula Vista to "permanently freeze" the holdings of United Enterprises into agricultural and open space land use Planning Commission City of Chula Vista March 10, 1982 Page Two designations on the theory that the limited inventory of remaining agriculturally designated acreage should not be converted to urban or estate land uses. It must be emphasized, however, that UnSted Enterprise~ does not oppose, in principle, the basic right of a property owner in a free society to use and enjoy his or her land to the fullest extent possible consistent with the law. Nonetheless, United Enterprises will not tolerate the imposition of exces- sively restrictive and inequitable land use designations and implementing regulations so as to accommodate extensive neighbor- ing growth. To impose such restraints on United Enterprises would manifestly offend fundamental notions of due process and equal protection of the law. Therefore, United Enterprises urges that the City of Chula Vista must not set in motion a policy under which Eastlake will be approved at the expense of sacrificing the future developmental potential of United Enterprises. 2. Availability and Implementation of Sewer Service. United Enterprises submits that this project should be approved on the basis that sewer capacity be allocated proportion- ately to all potential land use applicants. In addition, assuming the project applicant is required to provide sewer treatment plant facilities, it is urged that such facilities, and any wastewater land use application area associated therewith, be located on the property of the project applicant. United Enterprises has already suffered the hardship of having its property condemned in the Proctor Valley area by the Otay Water District for the purpose of installing a wastewater land use application area, which wholly serves off-site development. Frankly, United Enterprises will not stand idly by and allow its property to be condemned in a similar manner to accommodate the Eastlake project. Accordingly, United Enterprises requests that the City of Chula Vista should make every possible effort to ensure that the proposed sewer treatment plant facilities and wastewater land use application area are located on the very property for whose benefit these facilities and appurtenances will be designed; notably, the Eastlake project. 3. Implementation of Water Service. The Final Environmental Impact Report refers to a 3-million gallon reservoir that will be constructed in the near future by Planning Commission City of Chula Vista March 10, 1982 Page Three the Otay Water District, which will serve the needs of the [Eastlake] community north of Telegraph Canyon Road. It should be noted that the approximately 3-acre site earmarked for the 22-3 Reservoir Project is located on the adjacent property owned by United Enterprises. The recent acquisition of this site. in- volved very extensive and aggressive eminent domain and environ- mental litigation between the Otay Water District and United Enterprises. One of the primary concerns of United Enterprises, as well as the City of Chula Vista in its Cormnents to the 22-3 Reservoir Construction Project Environmental Impact Report Addendum No. is that this Reservoir Project may cause an unacceptable level of noise pollution. Hence, if this reservoir project does, indeed, serve the Eastlake project, then appropriate mitigation measures must be taken so as to prevent excessive noise caused by the pumping of water from the 22-3 Reservoir to Eastlake. In conclusion, United Enterprises respectfully requests that the Planning Commission carefully evaluate these concerns before taking decisive action on the Eastlake project. Very truly yours, UNITEQ.~NTEP~PRISES, INC. Rg~e B. Patek dent RBP/gg cc: D. J. Peterson, Planning Director, City of Chula Vista