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HomeMy WebLinkAboutPlanning Comm min 1989/07/19 Tape: 302 Side: 2 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 7:30 p.m. Wednesday, July 19, 1989 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Chairman Carson, Commissioners Cannon, Casillas, Fuller, Grasser, Shipe and Tugenberg COMMISSIONERS ABSENT: None STAFF PRESENT: Director of Planning Krempl, Principal Planner Lee, Environmental Review Coordinator Reid, Senior Civil Engineer Daoust, Assistant City Attorney Rudolf, Consultant Lettieri and Consultant Nunes PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman Carson and was followed by a moment of silent prayer. INTRODUCTORY REMARKS Chairman Carson reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS None 1, PUBLIC HEARING: DRAFT EIR-88-1 SUNBOW PREZONE AND GENERAL DEVELOPMENT PLAN Commissioner Fuller noted that she had a potential conflict of interest on this item and left the dais and the Chambers. Environmental Review Coordinator Reid stated that the project was located south of Telegraph Canyon Road near Medical Center Drive. The EIR was prepared by ERC Environmental & Energy Services Company. The public review period opened on June 13, 1989 and would conclude with this hearing. The State Clearing House review has been extended to July 24, 1989. Two letters of comment were received and included in the packet. One from the developer on the project and the other from a neighbor. A July 19, 1989 MINUTES - 2 - memorandum received today from the Engineering Department has been provided the Commission. LAFCO indicated today that a letter of comment would be forthcoming regarding the following concerns: (1) the downstream sewer capacity and the surcharge that apparently exists; (2) the storage capacity of the Otay Water District and LAFCO's desire that the ability to solve the problem be in place prior to occupancy of dwelling units within the project; (3) impacts on the Black-tailed Gnatcatcher; (4) that prezoning of the 120-acre parcel located to the east of the hospital site extending to Paseo Ladera had not been addressed in the EIR. Mr. Reid indicated that the project included 1,946 dwelling units, a commercial area located in the Village Center and a 46-acre business park to the south of East Orange Avenue. The then turned the meeting over to Jeanne Munoz, from ERC, to present the findings of the report. Jeanne Munoz said she would present the findings at the next session when the document was finalized. Tonight, she would summarize the impacts and whether they can be mitigated. She noted that two significant adverse impacts that will not be mitigated are: (1) land form alterations and (2) adverse project and cumulative visual effects resulting from project implementation. (2) Regarding the biological resources the vernal pools, riparian shrubs, three plant species (two of which are listed), the cactus wren and the Diegan sage scrub. Redesign might be necessary to complete avoid these species. Mitigable facts included land use associated with the hospital's helicopter activities. This is the responsibility of the hospital. Public services and utilities can be mitigated. Traffic and Transportation will be mitigated to an insignificant level by the Transportation Improvement proposed and the project is also subject to the Eastern Territory's Transportation Phasing Plan. No unmitigable impacts are expected from geological or soils conditions that cannot be mitigated by standard construction practices. Some attenuation measures will be required for noise impacts and will have to be identified at a later phase of project development. Water drainage and quality problems have been addressed in the EIR and will be overcome. Mr. Reid recommended opening the public hearing, receiving testimony and scheduling the Final EIR for August 9, 1989. Commissioner Tugenberg referred to the density figures discussed on page 1 of the staff report under Project Description. He said he had been unable to corroborate the numbers used. Mr. Reid said the matter be checked but, overall, combining the number of proposed units in each of the density categories compared to the number permitted at target of the ranges was precisely the same number. July 19, 1989 MINUTES - 3 - Commissioner Casillas asked if enough open space had been allowed to take care of the vegetation and the wild life; for instance, the road runner. He expressed a wish that the area just north of the industrial part site be reexamined to that end. Mr. Reid replied that he believed those sentiments echoed the comments from LAFCO regarding increasing the habitat area for the Gnatcatcher and the issue would be considered. This being the time and the place, the public hearing was opened. Ron Hidinger, 598 Juniper St., CV, asked the location of the boundary between the proposed subdivision and the one approaching on the western edge of the property? Would it be abutted against the property or would there be open space? What would happen to Juniper Street? Temporary classrooms have just been installed at Park View Elementary School; are these the ones referred to in the EIR? Is there an extra ballfield included in the improvements to Greg Rogers Park? ~r. Reid replied that the western boundary is also, by and large, that of the proposed development. Residential uses are proposed except for the lower end by East Orange Avenue. No open space is provided. The disposition of the Juniper Street extension would not be known until the subdivision map is submitted. The reference to temporary facilities at the elementary school is on an interim basis as there is an elementary school site proposed on the project for which the applicant has agreed to enter into a Mello Roos Agreement. At this time, the improvements to Greg Rogers Park are unspecified. Barbara Bechtold, 556 Nantucket Drive, CV, expressed concern about a shortage in the water supply furnished to Southern California and what provisions have been made with regard to this project. Mr. Reid replied that the Otay Water District is currently in the process of adopting an allocation plan to limit the number of "can-serve" letters of ability to develop houses each year so that they can keep up with the pace of development. Randall Sink, 510-B Georgetown Place, Chula Vista, 92011, owner of the property abutting the east end of the industrial park. He asked about the possibility of relocating the lO-acre park closer to Orange Avenue to take some of the strain off of Valle Linda School Park. Will Orange Avenue be widened four or six lanes? Will there be any other streets branching off to the development. Will there be any traffic signals? What type of boundaries are going to be used for fencing; block-fenced, rails, or chain-link? Mr. Reid replied that the population of the project requires a 10-acre park site to serve it. The site is centrally located and is designed to be integrated with the commercial center (which is not the standard type of commercial center). The park concept has been approved by the Parks and Recreation Commission. Orange Avenue would need to be widened to serve the area. Medical Center Drive would be extended to provide access. Palomar Street would be extended to Oleander to the west of Greg Rogers Park and, eventually, Paseo Ladera would be extended down to the extension of Palomar Street. The fencing issue is a design detail which will be outlined in the SPA Plan and reviewed by the Design Review Committee. MINUTES - 4 - July 19, 1989 Tim Kruer, 2643 Fourth Avenue, San Diego, representing Sunbow, indicated that their consultants were present to answer any questions. He said regarding the Planning Acreage (Table I) that the acreage was calculated on the area shown in the General Plan and is greater than the area actually being developed. They pulled the development further back to preserve over 60 percent on the existing site for the Black-Tailed Gnat Catcher. This caused the open space to grow substantially from what was originally planned. He maintained that the developer has tried to work in every way possible with staff, their biological consultant and the EIR biological consultant. Water capacity - the Otay Water District has told the three major developers that no further development of the Eastern Territories would be permitted until adequate terminal storage was guaranteed the Otay Water District. As a result, EastLake, Sunbow, and Rancho del Rey have entered into an agreement that guarantees the construction of a 53.4 million gallons of terminal storage for those three projects. The Water District has required that $17 of the $23 million be paid in cash up front with no guarantee that there will ever be any water in that tank. If water is not available, no development will be allowed. Sewer issue - Sunbow has taken the position, since most of the land slope leads towards the Poggi and the Palm Canyon reaches, to upgrade and complete the reconstruction of whatever the City requires to provide adequate capacity to the south. This matter is under discussion with staff. Open Space issue This project provides almost 30 percent of the developable area in open space which is one of the largest contributions of any Plan put before the City. Park issue - At one time a major park facility was offered to the City just west of the industrial area. The City, however, asked for the provision (because of the Greg Rogers Park) of a facilities-intensive park that would be tied into the projects building center which is tied around the hospital area. Sunbow has offered to spend $2 million over and above what is required in this code to meet the needs of this area for park facilities. Orange Avenue - Orange Avenue, in the General Plan, is a six-line major and is planned to meet those requirements. Architectural Controls The architectural guidelines for Phase I have been by-passed because Sunbow did not consider them strong enough. The guidelines for Phase II are being redone in their entirety and will be submitted at a future time. Commissioner Cannon asked for further clarification regarding the rationale of maintaining the park in the selected area. Mr. Kruer answered that Sunbow has been working closely with the Director of Parks July 19, 1989 MINUTES - 5 - and Recreation who considered that because of its importance the park should be located in the center of the area. This park will include a Olympic swim facility, a gymnasium, tennis courts, a small lake and an outdoor amphitheater designed to concerns and the public. The object of the design is to result in a village center, the park area and the residential around it being integrated in such a way that it actually ends up with a village center around the high-intensity node of the hospital. Commissioner Casillas repeated the question raised earlier by a resident of why it should be located so close to Greg Rogers Park? Why not disperse a little bit so that the residents to the southwest of the development might have access more readily? Mr. Kruer explained that the choice had been staff's not Sunbow's. One of the problems is to provide easy access. Four or five different park alternatives were studied. Mr. Kruer said that he was of the opinion that the park site because of its complexity would be better discussed at another meeting if the Commission so desired. A presentation of the whole village center and its cohesiveness could be arranged. Mike Meszaros, 1415 Laurel Avenue, CV, said his home abuts on Laurel Avenue and overlooks Poggi Canyon. He would like to be able to see what the proposed development will look like, where it is going, and what the canyons are going to look like. He would also like to be able to voice his opinion. Mr. Meszaros asked if there would be another opportunity somewhere in the development procedure to do this. Mr. Reid reassured him that this is the first of several public hearings regarding the project. The detail that would interest Mr. Meszaros would be the sectional planning area and the tentative map when specific concept plans would be available. Mr. Meszaros spoke to his concern regarding fences, grading and interference with the view he now has of Poggi Canyon. Commissioner Carson suggested that Mr. Meszaros speak with representatives from the Sunbow Group after the meeting to discuss those issues. No one else wishing to speak, the public hearing was closed. MSUC (Shipe/Tugenberg) 6-0, Fuller out, to schedule the Final EIR for the meeting of August 9, 1989. 2. CONSIDERATION OF FINAL EIR-89-2 - RANCHO DEL REY SPA II PLAN 3. CONSIDERATION OF CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS - EIR-89-2 - RANCHO DEL REY SPA II Environmental Review Coordinator Reid stated that the Planning Commission had held a public hearing for the draft environmental impact report for Rancho del Rey SPA II on June 28, 1989. Comments received from the State Fish and Game Department expressed concerns about (1) the filling of canyons identified as wetland areas; (2) destruction of coastal sage ~-- scrub; (3) destruction of stream beds in the project area; and (4) the Department recommended against certification of the draft EIR which is July 19, 1989 MINUTES - 6 - interpreted to mean denial of the' project itself. These comments and those received from the applicant's biologist as well as those expressed during the public hearing are addressed in the Final EIR. Coordinator Reid then introduced Betty Dehoney who prepared the Final EIR and other environmental documents on the agenda. Ms. Dehoney indicated that other comments received were focused on traffic, biological and archeological issues including encroachment by domestic petS and off-road vehicles into the open space areas. She noted that signage and a listing of different barriers that can be utilized to discourage such encroachment have been included in the Final EIR. The traffic volumes focused on East "H" Street which has a design volume of 50,000 ADT. During the evaluation for SPA I, 56,500 ADTs had been indicated to operate at acceptable levels of service (LOS); therefore, SPA I was adopted allowing 56,500 on East "H" Street. Subsequently, the City has adopted threshold standards that were not in effect at the time of SPA I. It has been determined that East "H" Street will operate at acceptable LOS b~,,a second condition has been included in the EIR that requires if East Street does exceed the City's threshold standards, building permits can be halted. Another issue is that the developer had written into the responses concerning the possibility of an alternative circulation element within the SR-125 alignment. Th.e EIR has been modified to specify, that if a 4-lane circulation element is constructed in the SR-125 right-of-way and it is found that ADT are effectively taken off East "H" Street into the alternative circulation element, then building permits could proceed. It would have to be proven, however, that ADT is effectively drawn off East "H" STreet. The archeology issue focused on the inadvertent destruction of an archeological site during construction of a water line in SPA II. The developer has concurred with a proposal for a compensatory mitigation program to occur during SPA III. 4. CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR EIR-89-2 - RANCHO DEL REY SPA II Commissioner Cannon requested further clarification of the 50,000 ADT design capacity/56,500 threshold standard on East "H" Street. Ms. Dehoney replied that the design capacity is the volume that the roadway is designed to operate at acceptable LOS. East "H" Street has been evaluated to determine if an additional 6,500 ADT could effectively be accommodated. The evaluations reveal that the modeling on East "H" Street is such that it will not exceed the threshold standards. It is expected to operate at a LOS C with a minor degradation during peak hours but is not expected to exceed the 2-hour threshold. Again, a condition has been included that if it is determined that even at a lower figure it will exceed the 2-hours, then building permits for SPA II can be held. July 19, 1989 MINUTES - 7 - Coordinator Reid recommended that the Commission certify the EIR and adopt the other environmental documents. He indicated that a replacement Statement of Overriding Considerations had been provided the Commission. Statement "D" in the previous document concerned provisions of both low and moderate income housing. In the Council's adoption of the specific plan for this area, they dropped any reference to provisions for low and moderate income housing; therefore, it would not be appropriate to include that in the Statement of Overriding Considerations. Commissioner Tugenberg asked if the obligation to low-cost housing would be fulfilled by Phase I. Director of Planning Krempl replied that Mr. Reid's comment referred only to the appropriateness of having this statement in the Overriding Considerations. When the presentation is made on the SPA Plan by Mr. Lettieri there will be some discussion regarding low- and moderate-income housing. Commissioner Cannon expressed strong disapproval of the reasons given in the Statement of Overriding Considerations. He objected to the listing of public facilities already in place or under construction, or to the fact that the project is part of the Rancho del Rey Planned Community as an adequate reason to override cited environmental impacts. The Commissioner emphasized that he is looking for benefits that SPA II will contribute to the community that will outweigh the environmental concerns. Members of the Commission indicated agreement and suggested the following items which might be considered of benefit: (1) need for estate-sized lots in the City; (2) the information center booth will become a day-care center; (3) the treatment of Rice Canyon as it is related to creation of wet areas for vegetation and birds; (4) the proviso in SPA II of holding up the development of the central ridge and 50 percent of the industrial park to ameliorate the traffic situation; (5) the manner in which the project is graded and the way the developer is trying to preserve the view from the roads so more is seen than just houses; and (6) the preservation of natural cover in the open space. MS (Cannon/Fuller) to certify the Final EIR has been prepared in compliance with CEQA, the State CEQA Guidelines and the environmental review procedures of the City of Chula Vista and adopt the Mitigation Monitoring Program. In reply to Coordinator Reid's inquiry if the CEQA Findings were included in the motion, Commissioner Cannon amended the motion to include adoption of the CEQA findings and Commissioner Fuller accepted the change. AMENDED MOTION MSUC (Cannon/Fuller) 7-0 to certify, the Final EIR has been prepared in compliance with CEQA, the State CEQA Guidelines and the environmental review procedures of the City of Chula Vista and adopt the recommended CEQA Findings and the Mitigation Monitoring Program. MINUTES - 8 - July 19, 1989 5. PUBLIC HEARING: PCM-89-8 - CONSIDERATION OF RANCHO DEL REY SPA-II PLAN SECTIONAL PLANNING AREA (SPA) PLAN - PUBLIC FACILITIES PLAN AND FINANCING ANALYSIS - THE PLANNED COMMUNITY DEVELOPMENT REGULATIONS AND THE PRELIMINARY DESIGN GUIDELINES - RANCHO DEL REY PARTNERSHIP Consultant Lettieri stated that in SPA II the land use plan includes 356 conventional/residential lots on the south side, preservation of the remainder of Rice Canyon to the edge of the loop road and the property, 211 estate lots to the north of the loop road, natural preservation of open space surrounding the boundary, a 5.4 acre neighborhood park to serve the project as well as provide the connection for an equestrian trail system from Bonita through the park connecting to the north and the south through Rice Canyon, and a 6-acre community facilities site to be utilized for a church, day-care center and other public uses. In the conventional lots there will be 125 lots under 7,000 square feet and 231 lots over 7,000 square feet. There is no lot smaller that 5,000 square feet. The three sub-areas on north side of the loop road provide lot sizes ranging from 12,000 square feet to 18,000 square feet. There are 60 lots under 12,000 square feet, llO lots from 12-18,000 square feet and 35 lots over 18,000 square feet. Components of the SPA Plan Public Facilities Plan incorporate both SPA I and SPA II. In the Traffic study for SPA I, the method used to achieve the 56,500 ADT was to reserve 1/2 of the employment park until a 4-lane facility is provided along SR 125. In addition, the Partnership has agreed to hold back the southern ridge (the 250 units) in exchange for the development of SPA II and still maintain the 56,500 ADT. The Public Facilities Plan provides the necessary monitoring methods for that with the City. The Public Facilities Plan has three major features; (1) it describes in detail the proposed public facilities that are impacted by the project and the mitigation measures proposed; (2) addresses the phasing of the required improvements, breaks up the project into six phases integrating SPA I and SPA II; and (3) provides the Regional Transportation Phasing Program which identifies the several regional transportation facilities, develops cost estimates and calculates an impact fee. Other public facilities of special note included in the Plan are (1) water - including a 3-million gallon reservoir to serve the 710 pressure zone, a one million gallon reservoir to serve the 485 pressure zone and the eight million gallon reservoir constructed during SPA I, and (2) the formation of Improvement District No. 27. Mr. Lettieri stated that in addition to the standard implementation techniques such as tentative map and site plan approvals, this project also includes (1) PC Development Regulations; (2) Design Guidelines; (3) Monitoring Program; (4) the Development Agreement; (5) a supplemental impact fee program containing three aspects, fiscal, traffic and environmental impacts. An annual fiscal impact analysis is required, and the annual monitoring also includes traffic monitoring to ensure that LOS are not exceeded. MINUTES - 9 - July 19, 1989 Staff recommends approval of the Rancho del Rey Section Planning Area (SPA) II Plan subject to the three conditions in the staff report and the addition of a fourth condition as follows: 4. Prior to final map approvals for SPA II that an agreement be reached to the satisfaction of the City that provision for low and moderate income housing be provided within the E1 Rancho del Rey Specific Plan Development. Commissioner Cannon asked how low and moderate housing can be implemented in an area of essentially estate housing for the SPA Plan? Director ~ pl replied that there was development within SPA I which would qualify mthe normal City guidelines, however, such housing was not a specific requirement in SPA I. Staff's intent would be to work with the developer before finalization of his map to ensure provision for low and moderate income housing within the total development, not necessarily in SPA II. Commissioner Tugenberg asked if the 4,022 units Mr. Lettieri had cited as applying to SPAs I, II and II included the entire ERDR area, the outparcels of the ERDR and SPAs south of Telegraph Canyon Road? Director Krempl replied that the 1,582 acre section which was originally owned by the Gersten Company and sold to Rancho del Rey Partnership was approved for 4,000+ units. The outparcels were considered independently and are part of the overall ERDR Specific Plan which in addition to the Gersten ownership and the out parcels included the college area, Terra Nova and other areas. Commissioner Tugenberg spoke of the need for CC&Rs to prohibit RV parking on the street, a homeowners association to enforce the CC&Rs and suggested that one of the first facilities built in the industrial park be for RV storage. Commissioner Casillas asked if low and moderate income housing is not included in SPA II, would not SPA I and III then be burdened disproportionately? Director Krempl answered that since Council had indicated that low and moderate housing not be a consideration and had specified that in the Specific Plan, the issue would need to be clarified with Council. Commissioner Casillas asked if the Commission could recommend reconsideration of the issue by Council and was answered affirmatively. This being the time and the place as advertised, the public hearing was opened. Craig Fukuyama, 2727 Hoover Ave., National City, Rancho del Rey Partnership, said the item before the Commission would complete the phase north of "H" Street. Under completion is a section of the Equestrian Trail system through the Bonita Area, the loop road that will connect the project with the Terra Nova Area providing an additional link and road section for that project to the community park in SPA I as well as accessing the Junior High School site. They are working with the Parks MINUTES l0 July 19, 1989 and Recreation Department to determine what amenities are desired for the neighborhood park site. Provisions have been made for a 4-1/2 acre religious site, and 1.5 acre day-care center. Forty-three percent of approximately 158 acres will remain in permanent open space. Meetings have been held with a number of civic organizations and adjacent property owners. Crossroads has expressed approval of the project as has the Bonita Vista Valley Horseman's Association for the trail system. Mr. Fukuyama addressed the RV storage area saying the concern had been expressed in the CC&R's and in the zoning ordinance, however, only the gate-guarded entry neighborhood will have a homeowners association. He continued that the developer is in agreement with the conditions of approval. The low and moderate housing issue is a condition that has just recently surfaced. They had been unaware that the condition might be imposed because the original Council condition of approval was to eliminate and remove all requirements for low and moderate income housing. They will however work with staff to provide a reasonable solution. Commissioner Grasser asked if the area designated as R-2A had a panoramic view and, if so, should it not be included in the estate housing area. It is the most prime property available to offer to higher-income families desiring the larger lots and a more exclusive type neighborhood. Such an action would be to the City's benefit and would produce a better balanced community. Mr. Fukuyama replied that a mixture of housing is necessary to make the project economically feasible. Their intent is to move away from the smaller lot product shown on the central ridge and to move forward with estate housing which seems to be the desire of both the Commission and the Council. No one else wishing to speak, the public hearing was closed. Commissioner Cannon said he agreed with Commissioner Grasser about adding more estate sized lots. Such action would be very beneficial to the City and to the City's image. The lots are very marketable because of their scarcity and advantage should be taken of the magnificent views. MSC (Cannon/Shipe) 6-1, Grasser no, that based on the findings attached to the report, Attachment I, to recommend that Council approve Rancho del Rey General Development Plan contingent to the approval and adoption of the Overriding Findings in the future. Commissioner Grasser said she would vote against the concept and hope the Council recognizes the need to provide more 1/2-acre site lots MSC (Cannon/Casillas) 6-1, Grasser no, that based on the findings attached to the report, Attachment II, to recommend that Council approve Rancho del Rey Sectional Planning Area (SPA II Plan) subject to the conditions of approval listed in the report. MINUTES ll July 19, 19BB MSUC (Cannon/Casillas) 7-0, to recommend approval of the Public Facilities Financing Plan and Financing Analysis. MSUC (Cannon/Casillas) 7-0, to approve the PC Development Regulations. MSUC {Cannon/Casillas) 7-0, to direct staff to review the Preliminary Design Guidelines and provide input as is appropriate for resubmission to the Commission. OTHER BUSINESS: None. DIRECTOR'S REPORT: None. CO~IISSION COMMENTS: Commissioner Casillas asked when the Planning Commissioners would receive individual business cards. Some comments made in a recent Council meeting seemed to indicate that the Council's attitude toward this issue might have changed. Chairman Carson said she had received a letter regarding the National Industrial Trade Mart to be held on July 28 at 2:00 p.m. The fee for non-members is $35. Discussions will include the Second Harbor Entrance, the Otay Ranch Project, the Bay Project and 1-125. If anyone wishes to attend, she has the information. ADJOURNMENT AT 9:24 P.M. to the Regular Business Meeting of July 26, 1989 at 7:00 p.m. in the Council Chambers. ~Secretary WPC 6818P