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