Title
ORDINANCE NO. 3311 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE 9 (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
The applicant, the Otay Land Company, filed an application for the Village 9 SPA (PCM-09-19) and Tentative Map (PCS-09-05) in July 2009. The Village 9 SPA defines the land use character and mix, design criteria, transportation system and public infrastructure requirements for a 323.1-acre site within the Otay Ranch. The Tentative Map implements the SPA Plan by providing for the subdivision of lots and the detailed design of the circulation system and other public improvements consistent with the SPA Plan.
ENVIRONMENTAL REVIEW
In accordance with the requirements of the California Environmental Quality Act (CEQA), a Second-Tier Environmental Impact Report (EIR-10-04) has been prepared to analyze the environmental impacts of the proposed Village 9 SPA and Tentative Map.
EIR-10-04 is discussed in detail in a companion agenda statement and must be addressed and acted upon prior to City Council consideration of the Village 9 SPA and Tentative Map.
BOARD/COMMISSION RECOMMENDATION
On May 14, 2014, the Planning Commission held a public hearing to consider the Final Environmental Impact Report (FEIR-10-04), the Sectional Planning Area (SPA) Plan (PCM-09-19) and the Tentative Map (PCS-0905) for the Village 9 project. Although the Planning Commission lacked a recommendation for certification of the FEIR, the Planning Commission indicated their desire to take action to move the project forward for Council consideration without delay, and therefore, consistent with the provisions of Chula Vista Municipal Code (CVMC) Section 19.48.110 voted 4-0-2-1 to recommend disapproval of the SPA Plan and TM.
DISCUSSION
Location, Existing Site Characteristics, and Ownership
Village 9 is comprised of approximately 323 acres and is generally located south of Main Street/Rock Mountain Road, east of SR-125, north of the Otay River Valley and west of the future University site and Village 10 (see Attachment 1, Locator Map). The project site is within the Otay Valley parcel of the Otay Ranch planning area. The site is currently in a vacant, natural state and has been used for agricultural purposes in the past. Village 9 is owned by the Otay Land Company (a subsidiary of HomeFed).
Project Description
Village 9 is proposed to be developed with up to 4,000 multi-family and single-family residential units and 1,500,000-square feet of non-residential uses (commercial and office). Of the 4,000 residential units, approximately 3,734-units are multi-family within a mixed-use construct, 161-units are multi-family within a planned development setting, and 105-units are single-family. The 1,500,000-square feet of non-residential uses are proposed to provide up to 350,000 square feet of commercial and up to 1,150,000 square feet of office uses. Land uses within the village also include parkland, Community Purpose Facility land, two sites for elementary schools and open space. Village 9 also sets aside 50-acres of land to be included as part of the University Park and Innovation District (UPID) (See Attachment 2, Site Utilization Plan).
The geographic hub of the village is the Town Center, which is centrally located between Main Street and Otay Valley Road adjacent to the UPID site. Village 9 is oriented around the “spindle,” or pair of one-way streets that bisect the village from north to south. A Bus Rapid Transit (BRT) line will separate Village 9 from the UPID site to the east, with a transit stop conveniently located to provide access to the UPID and the Town Center. In addition, the small (typically 250-ft. x 350-ft.) block sizes located in the Town Center will promote increased connectivity and provide multiple points of access for pedestrians, bicyclists and transit users, as well as vehicles. An east/west Village Pathway, that includes a pedestrian bridge over SR125, will connect pedestrians and bicyclists to the neighborhood park within Village 9 as well as the UPID and the villages to the west (See Attachment 5, Vehicular Circulation and Attachment 6, Pedestrian Circulation).
Densities are generally medium to high (10-60 du/ac) in all of the portions of the village north of Otay Valley Road. The planning areas adjacent to Main Street are the highest density (28-60 du/ac) since they are part of the Eastern Urban Center (EUC) land use designation. Densities slightly decrease in the Town Center (18-45 du/ac), which is to be the commercial center of the village, then decrease slightly more in the Mixed-Use Residential (10-27 du/ac) as circulation moves closer to Otay Valley Road. South of Otay Valley Road, densities substantially decrease as the project approaches the Otay Valley and the Otay Ranch Preserve to the south, with traditional single-family lots (3-6 du/ac) being located along the preserve edge (See Attachment 3, Site Utilization Plan Table).
General Plan and General Development Plan Compliance
The City’s General Plan (GP) and the Otay Ranch General Development Plan (GDP) designate land within the Otay Valley Parcel for urban villages based on the pedestrian friendly village concept. This concept locates higher residential densities and a variety of mixed-uses within the Town Center (or Village Core), and then surrounds the Town Center with decreasing residential densities as the village approaches the Otay River Valley.
The General Plan identifies Village 9 as being within the Eastern University District of the Otay Ranch Subarea. The General Plan designates Village 9 for mixed uses within the following Land Use Designations: The Eastern Urban Center Land Use (28-60 units per acre), the Town Center Land Use (18-45 units per acre), and the Residential Mixed-Use, which includes the Residential High (18 -27 units per acre) and Residential Medium-High (11-18 dwelling units per acre) Land Use Designations. South of Otay Valley Road, there are Residential Medium (6-11 dwelling units per acre) and Residential Low Medium (3-6 dwelling units per acre) Land Use Designations. In addition, Village 9 includes a Neighborhood Park (NP), and two Elementary Schools (ES).
The Chula Vista General Plan (GP) provides the vision and policy direction for the planning of Village 9. The GP includes numerous policies (starting on page LUT-269) with regard to Village 9, some of these that relate directly to design and land use are:
• Prior to adoption of a SPA involving the university site, locate supporting uses to achieve a cohesive and integrated campus environment.
• Development of a pedestrian-oriented, mixed-use Town Center along the transportation corridor with the highest intensity of development; directly linked to the university core and EUC, which serves as the centerpiece of identity and community character.
• The Town Center will provide a link and continuity of urban form; density; street network; pedestrian sidewalks; paths; and landscape to the campus core.
• The campus core shall be linked with the transit center established within the Town Center.
• Continuity shall be provided through urban form; the massing and scale of buildings; interconnected street network and sidewalks; and landscaping.
• Buildings shall be sited along common sidewalks, pathways, and plazas to stimulate a high level of pedestrian activity.
In addition, the Otay Ranch General Development Plan (GDP) authorizes 4,000 dwelling units (3,895 multi-family, and 105 single-family), 27.5 acres of parkland (Neighborhood, Pedestrian, and Town Square Parks), 5.0 acres of Community Purpose Facility (CPF), 19.8 acres for schools (two Elementary Schools) as well as up to 1,500,000 square feet of commercial and office space.
The GDP includes specific character policies (Part II, Chapter 1, and Section F.9) to be implemented at the SPA level. Some of these that relate specifically to the Village 9 design and land use plan are:
• The northern portion of the village is located within the boundaries of the Eastern Urban Center (EUC). Development in the northern portion shall be compatible with the EUC land uses.
• Development will be centered in the University Town Center area, along the one-way pair road system and the transit corridor as the location of the highest intensity of development in order to achieve a pedestrian-oriented mixed-use district that will provide a direct link to the University Campus to the west and the EUC to the north, and serves as the centerpiece of identity and community character.
• Provide for the development of uses that directly support or complement the University Campus, such as commercial services, office, and faculty, staff, and student housing.
• Structures within the heart of the University Town Center area shall be located and designed to form a common “building wall” along sidewalks, with parking to the rear or in subterranean structures, to stimulate pedestrian activity.
• Provide for the development of retail and office uses in a more intense format necessary to serve related businesses that are complementary to business and retail needs intended for the EUC, the University Campus, and the Innovation District (formerly known as the Regional Technology Park - RTP)
• Land use designs shall consider the overall natural landform and generally slope down toward the Otay River Valley. Lower density residential development along the southern portion of the village shall emphasize views of the Otay River Valley. Regional trails shall link the village to the Otay Valley Regional Park.
Table 1 summarizes the existing City of Chula Vista Municipal Code (CVMC) Planned Community (PC) zoning, the GP Land Use Designation, the Otay Ranch GDP Land Use Designation, and the proposed SPA Plan Transect Zones and density ranges, with the number of residential units authorized and proposed for each of these different development areas.
Table 1: Village 9 General Plan, Otay Ranch GDP and SPA Plan Land Use Designations:
CVMC Zoning |
Chula Vista GP Land Use Designation |
Otay Ranch GDP Land Use Designation |
SPA Plan Transect Zones and Density Ranges |
No. of Units Authorized/ Proposed |
PC |
Eastern Urban Center (EUC) - 28-60 units per acre |
Eastern Urban Center (EUC) - 28-60 units per acre |
T-5: Urban Center (UC) - 28-60 units per acre |
1,912 |
PC |
Town Center (TC) - 18-45 units per acre |
Town Center (TC) - 18-45 units per acre |
T-4: Town Center (TC) - 18-45 units per acre |
894 |
PC |
Town Center (TC) - 18-45 units per acre & Residential Medium High (RMH) - 11-18 units per acre |
Town Center (TC) - 18-45 units per acre |
T-4: Urban Neighborhood (UN) - 10-45 units per acre |
136 |
PC |
Residential High (RH) - 18-27 units per acre & Residential Medium High (RMH) - 11-18 units per acre |
Mixed Use (MU) - 11-27 units per acre |
T-3: Neighborhood Center (NC) - 10-27 units per acre |
792 |
PC |
Residential Medium (RM) - 6-11 units per acre |
Medium (M) - 6-11 units per acre |
T-2: Neighborhood General (NG) - 6-11 units per acre |
161 |
PC |
Residential Medium Low (RLM) - 3-6 dwelling units per acre |
Low Medium Density Residential Village (LMV) - 3-6 units per acre |
T-2: Neighborhood Edge (NE) - 3-6 units per acre |
105 |
Implementation of the GP and GDP policies requires an integrated planning approach that takes into consideration all of the land use planning components designed to create a mixed-use, pedestrian oriented community, as was envisioned when the GDP was adopted.
The following outlines how the SPA Plan and Form Based Code implement the GP and GDP policies and objectives:
SPA Plan
A. Eastern Urban Center (EUC) District Area Land Uses
The Village 9 EUC district area consists of 9 sites (Planning Areas A, B-1, B-2, C, D, E-1, E-2, H-1, and H-2) that will include a mixture of residential/office and residential/commercial. Up to 1,190,000 square feet of non-residential, comprised of 1,140,000 square feet of office and 50,000 square feet of commercial, is targeted for 8 of the 9 sites. While 1,190,000 square feet of non-residential is the target, the SPA Plan guarantees that a minimum of 400,000 square feet of non-residential (comprised of a minimum of 390,000 square feet of office and 10,000 of commercial) will be constructed within the EUC district. In addition to the non-residential square footages listed above, the Eastern Urban Center will include up to 1,912 multi-family units constructed in vertical and horizontal mixed use formats. The Eastern Urban Center district area includes a Town Square Park (Planning Area C).
B. Town Center (TC) District Area Land Uses
The Village 9 TC district area consists of 15 sites (Planning Areas K-1, K-2, M, N, O-1, O-2, P, Q, R-1, R-2, I, J, L, F and G) that will include a mixture of residential/commercial or residential/commercial and residential/office. Up to 278,000 square feet of non-residential, comprised of 268,000 square feet of commercial and 100,000 square feet of office, is targeted for 11 of the 15 sites. While 278,000 square feet of non-residential is the target, the SPA Plan guarantees that a minimum of 100,000 square feet of non-residential (comprised of a minimum of 90,000 square feet of commercial and 10,000 of office) will be constructed within the TC district. In addition to the non-residential square footages listed above, the Town Center will include up to 1,030 multi-family units constructed in vertical and horizontal mixed use formats. The Town Center district area includes a Town Square Park (Planning Area I), a Community Purpose Facility (Planning Area J), and the Neighborhood Park (Planning Area L). An Elementary School is proposed for Planning Area G.
C. Mixed-Use Residential (MUR) District Area Land Uses
The Village 9 Mixed-Use Residential district area consists of 13 potential mixed use sites (Planning Areas S-1, S-2, T, U-1, U-2, V, X, Y-1, Y-2, W, Z-1, Z-2, and CC) that will include a mixture of residential/commercial. Up to 32,000 square feet of non-residential commercial, is targeted for 11 of the 13 of the sites. While 32,000 square feet of non-residential is the target, the SPA Plan does not guarantee a minimum that will be constructed within the MUR district. In addition to the non-residential square footages listed above, the Town Center will include up to 792 multi-family units constructed in vertical and horizontal mixed use formats. The Mixed-Use Residential district area includes a Community Purpose Facility (Planning Area X). An Elementary School is proposed for Planning Area W.
D. Residential (Medium) Land Uses
The Village 9 residential medium density (6 to 11 units per acre) planning areas (AA and BB) are proposed to contain 161 dwelling units in attached and detached formats that are compatible with the traditionally lotted single-family residences. These neighborhoods allow for a variety of building configurations including conventional homes, motor courts, linear green courts, bungalow green courts, village houses, row houses and neighborhood recreation facilities, as well as dwellings with innovative designs (i.e design solutions that may not meet the strict definition of the building configurations listed above) (See Section 3.4 of the SPA Plan).
E. Residential (Low Medium) Land Uses
The Village 9 residential low-medium density (3 to 6 units per acre) neighborhoods (Planning Areas DD, EE and FF) are proposed to contain 105 single-family residences on lot sizes ranging from approximately 5,375 to 12,085 square feet (See Enclosure 2 - Village 9 Tentative Map). Single-family residences with the lowest densities are located along the edge of the Otay Ranch Preserve in the southern portion of Village 9.
Planned Community District Regulations/Design Plan (Form Based Code)
Unlike the majority of SPA Plans, Village 9 is proposing a Form Based Code (FBC) that combines elements of the typical Planned Community (PC) District Regulations with the typical SPA Design Plan. The FBC (Chapter 3 of the SPA Plan) focuses on the physical form of development and its relationship to the public realm, rather than on a strict set of permitted uses found in typical PC District Regulations.
In form-based planning, the built environment is organized as a range of geographic and development “transects” or cross sections. Each transect is composed of elements that support its local character, such as: zone, building configuration, lot configuration, land use, frontage type and other physical elements of the human environment. The transects in Village 9 provide organization for development that focuses activity on the Eastern Urban Center, Town Center, and Mixed-Use Residential Districts transitioning into the residential areas and rural open space along the southern edges of the village. These 5 transects are further divided into 11 zones, allowing for greater diversity and smoother transition between transects, as noted below:
• T-1: Open Space Preserve (OP) and Open Space (OS) Zones
• T-2: Neighborhood Edge (NE) and Neighborhood General (NG) Zones
• T-3: Neighborhood Center (NC) Zone
• T-4: Town Center (TC) and Urban Neighborhood (UN) Zones
• T-5: Urban Center (UC) Zones
• SD: Special District (encompassing the Parks (P), Community Purpose Facility (CPF) and the University/Regional Technology Park (U) Zones
Viewed as a series of sections from the south to the north, the site ranges from the open space T-1 transect (OS and OP Zones) to the more intense urban development of the T-5 (UC Zone) transect (see Attachment 4 - Regulating Plan). Each of these zones then regulates the building configuration, lot configuration, setbacks and encroachments for the various zones identified in the Regulating Plan.
Thirteen separate building configurations are permitted within Village 9 from Conventional Homes in the south, to Stacked, Live/Work and the Commercial Block units in and around the Eastern Urban Center and Town Center. Building Configuration standards (Section 3.4 of the FBC) identify specific regulations for the design of buildings and the layout of lots to regulate important characteristics (pedestrian and vehicular access, open space, location of parking, etc.). The FBC also establishes general regulations (parking, temporary uses, lighting, etc.) that apply in all of the zones, as well as street standards that define the public realm.
The implementation/administration of the FBC includes a number of features, the following two of which are important to note:
• Intensity Transfers: The FBC permits the transfer of intensity/units between Planning Areas under certain circumstances. This is an administrative process, conducted by the Zoning Administrator to ensure that Village 9 maintains the intended minimum levels of intensity. The SPA Plan provides a target number of units and a range of non-residential square footage. But, the SPA also recognizes the need for flexibility in planning to accommodate future development constraints and market demand. Any project that is not in exact conformance with the Site Utilization Plan Table requires an intensity transfer. Any transfer of intensity/units between planning areas with the same land use is permitted provided the transfer is:
o consistent with the SPA Plan;
o consistent with the circulation system and the technical studies of the associated Environmental Impact Report (EIR) as related to infrastructure;
o the overall target intensity of 4,000 residential units and 1,500,000 square feet of non-residential floor area is not exceeded; and
o a combined minimum total of 500,000 is maintained in the remaining planning areas. Any other type of transfer will require a SPA Amendment.
• Monitoring: Since the Village 9 FBC permits intensity transfers, monitoring is necessary to ensure compliance with the FBC and SPA documents. The FBC establishes Intensity Monitoring Tables that are to be reviewed as part of the application completeness process. The applicant is also required to address and update the applicable SPA sections and tables as applications are brought forward.
Circulation
The Village 9 Circulation and Corridor Design Plan provides for a system of roadway and trail corridors to support both vehicular and non-vehicular modes of transportation to serve the community. This system includes the extension of existing and planned roads, trails and transit from adjacent villages, as well as internal systems to serve the village. Streets within the village are designed as “complete” streets in that they enable safe access for all users including pedestrians, bicyclists, motorists and transit riders. Complete streets provide the following benefits:
• Improved safety for all users by providing adequate facilities for all users and reducing traffic speeds.
• Balanced transportation systems that provide direct connections, variety of transportation choices and reduced traffic congestion.
• Opportunities for healthier, more active lifestyles that include walking and bicycling.
• A potential reduction in carbon emissions and dependence on oil by shifting trips to non-motorized and alternative modes of transportation.
Regional access to the Village 9 project site is currently provided by SR-125 via Birch Road to the Eastlake Parkway terminus at Hunte Parkway. Future improvements will extend Main Street (formerly Rock Mountain Road) through the site in an east-west direction, connecting Village 9 to Village 8 East, the University and Village 11. The Otay Ranch GDP plans for, and the SPA Plan implements, eventual expansion of the regional transit system by including stops for a planned Rapid Bus route along Main Street. The SPA Plan also plans for local transit.
In addition, future improvements will bring Otay Valley Road through the site in an east-west direction, connecting Village 9 to Village 10. The SPA Plan also implements the regional transit goals of the Otay Ranch GDP by providing for the expansion of the South Bay Bus Rapid Transit (BRT) system. The BRT will run through Village 9 in the center of Street “B” (the street between Village 9 and the UPID) and then continue west along Otay Valley Road. The route then heads south on SR-125 to the Otay Mesa border crossing. A transit station is planned to be located at the intersection of Street “B” and Campus Boulevard that will provide regional users access to the Town Center and UPID. The South Bay BRT will eventually connect the border region to downtown San Diego.
As mentioned earlier, the Village 9 Town Center is designed around a “spindle,” or one-way pair of streets bisecting the western edge of the Town Center. The eastern edge of the Town Center will be defined by the Transit Boulevard where the BRT line will create the University’s western boundary. The Town Center street grid (with blocks sizes averaging 250-ft. x 350-ft.), will promote increased connectivity and provide multiple points of access for pedestrians, bicyclists, transit users, and vehicles. (see Attachment 5 - Vehicular Circulation).
Parks, Open Space and Trails
The SPA Plan identifies and describes park, recreation, open space and trail facilities and their implementation within the proposed community. A pedestrian network is established through a network of trails, pathways, parks and open spaces. A 14-acre Neighborhood Park will be the major park element of Village 9, located in the heart of the Town Center. In addition, Town Squares will be provided in each of the two urban districts, with a 3-acre site located on the edge of the Eastern Urban Center, and a 1-acre site located in the “spindle” of the Town Center. There are also three Pedestrian Parks located in the lower density residential neighborhoods. Park GG is a 3-acre site located in the middle of these neighborhoods south of Otay Valley Road, and Parks HH and II are 1-acre and 3-acre sites respectively that will be located on the preserve edge offering residents passive recreational opportunities. Parks HH and II will also provide residents and regional trail user’s access to the Otay Valley Regional Park (OVRP). In addition to the parks provided on-site, Village 9 proposes to provide 9-acres of community parkland as part of the 70-acre park planned in the Villages 4 and 8 West area.
The Village 9 SPA Plan also provides four open space areas totaling 9.6-acres along the southern project boundary adjacent to or within the Otay Valley Preserve, in conformance with the overall open space element of the Otay Ranch.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the proposed project must convey land to the Otay Ranch Preserve. Each 1-acre of developed land requires the dedication of 1.188 acres of land to the Otay Ranch Preserve, to be conveyed with the approval of each Final Subdivision Map. Pursuant to the requirements, Village 9 has an obligation to provide approximately 237.8 acres to the preserve.
The Village Pathway is a multi-use trail that allows bicycles and pedestrians to travel between village cores and town centers off-street, and will eventually connect all of the village cores within Otay Ranch. In Village 9, the village pathway will traverse the site through the Town Center along Campus Boulevard. It enters the village from the University to the east and bisects the 14-acre Neighborhood Park before crossing the SR-125 via a 13-ft. wide pedestrian and bicycle bridge that will connect Village 9 to Village 8-East (See Section 6 - Pedestrian Circulation).
The Regional Trail is a 10-foot decomposed granite path that will enter and exit Village 9 along the south side of Otay Valley Road. The Regional Trail will also provide access from Village 9 to the Otay Valley Regional Park. The proposed Tentative Map identifies where that connection will be made, and Conditions No. 30 and 31 address the subsequent design, funding and construction of the connector trail.
Public Facilities
The SPA Plan describes the public facility needs associated with the Village 9 land plan. More specifically, the SPA Plan addresses the following facility needs: potable water, recycled water, sewer service, storm water drainage, urban runoff, public schools, child care facilities, police and fire service, library services, civic facilities and regional facilities. Please refer to the SPA Plan (Enclosure 1) pages 8-1 through 8-10 for more details.
Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA)
The PFFP, prepared for the city by Pacific Municipal Consultants (PMC), addresses all of the public facility needs associated with Village 9. The PFFP has been prepared under the requirements of the City of Chula Vista’s Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09), and Chapter 9 - Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and policies of the City’s General Plan, GMP, GMO and the Otay Ranch GDP.
The PFFP analyzes the demand for facilities based upon the project’s land use and transportation phasing plan. When specific thresholds are projected to be reached or exceeded, the PFFP provides recommended mitigation necessary for continued compliance with the City of Chula Vista’s GMP, GMO and associated Quality-of-Life Threshold Standards. The PFFP does not propose a different development phasing from that proposed by the Village 9 SPA Plan, but may indicate that the development should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Quality of Life Threshold Standards.
The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation yard, and other city administrative facilities.
The PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 9 plan and phasing program that was prepared by PMC as well. The Village 9 FIA has been prepared using the City’s Fiscal Impact Framework to provide a consistent evaluation of all of the Chula Vista SPAs. The Framework utilizes the City of Chula Vista budget to identify and allocate variable revenues and costs that grow proportionally with incremental development, and sets up a consistent method to calculate revenue and cost impacts that may change according to the specific development program. Such variables include property taxes, vehicle license fees, sales tax receipts, and transient occupancy tax receipts.
Based on the FIA and the assumptions contained therein, annual fiscal impacts are negative from Year 1 through Year 10 (assuming an Expenditure Real Inflation Rate of 0%). In the first year there is a net fiscal deficit of approximately $176,400, which spikes in Year 6 at $314,000 and turns positive in Year 11 with a surplus of approximately $195,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $727,500 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the early years’ deficit. With more non-residential (office and commercial) development underway beginning in Year 6, the deficit declines due to increased property and sales taxes. From Year 11 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years.
CVMC Section 19.09.060(J) states that “projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues.” A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (Appendix A, SPA Plan).
Community Purpose Facilities
CVMC 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be reduced or complied with in an alternative manner based on the availability of shared parking for the use or through the provision of an extraordinary public benefit provided certain requirements are met.
Pursuant to the provisions of the Land Offer Agreement (LOA), the Applicant agreed to provide a minimum of 4 acres of CPF land per village. The applicant is proposing to satisfy this requirement by designating two parcels for CPF uses. Parcel J is a 2.3-acre site located within the spindle of the Town Center, and Parcel X is a 2.6-acre site located within the spindle in the Mixed-Use Residential district.
In addition, the Applicant is providing the extraordinary benefit of 50 acres of land for the UPID, and 160 acres of preserve land. This public benefit would not have been obtained through the standard provision of land in each village and is similar in nature to other uses permitted within the CPF designation. The land will be available for UPID uses in compliance with the LOA.
Tentative Subdivision Map (PCS-09-05)
The Village 9 Tentative Map covers 323.1 acres of land, and provides a 50-acre irrevocable offer of dedication for the UPID. The proposed subdivision of the remaining 273.1 acres of land includes 32 multi-family development parcels and three single-family neighborhoods with 105 lots. There are two Community Purpose Facility (CPF) sites, two Elementary School sites, and five park sites. There will be approximately 10 acres of Open Space, and approximately 26 acres of land devoted to major roads and freeway right-of-way. The multi-family parcels may be re-subdivided as development projects are submitted. The SPA Plan and the design process described in the Form Based Code will control the dwelling unit counts within each of these larger parcels and ensure that development occurs in an orderly manner.
The overall grading concept results in a development site that is sloped from the north to the south. The grading proposes a balanced grading program with approximately 6.2 million cubic yards of cut and fill. In compliance with the requirements of the City’s General Plan and the Otay Ranch GDP, contour grading techniques will be utilized on all manmade slopes.
Fire Protection Plan
The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. Planning Areas are broken into Fuel Management Zones (FMZ).
Planning Area A is assigned three 50-foot zones that permit specific plant types and planting requirements. Zone 1 is typically adjacent to a rear property line and is 50 feet in width; however, it also includes some of the backyard areas in Neighborhoods V and P, and would prohibit structures being built within it. Zone 2 will extend from 50 to 100 feet, and Zone 3 extends from 100 to 150 feet and is adjacent to the preserve. A detailed plant list included in the FPP identifies the plant palette and planting and maintenance requirements for each of these zones. Planning Area B consists of two zones that are adjacent to the rear property line and 50 feet in width. Zones 1 and 2 have the same requirements as Planning Area A Zones 1 and 2; however they have a different plant palette as described in the FPP.
Planning Area C is composed of steep manufactured interior slopes that contain 2:1 slopes or greater and an elevation change of at least 10 feet. This zone varies in width depending on the size of the slope. Types and spacing of plants, trees and shrubs are outlined in the Landscape Master Plan.
All three of the single-family lotted (Planning Areas DD, EE, and FF) and one multi-family (Planning Area CC) are located adjacent to Urban Wildlife Interface and Off-Site Fuel Management Zones. Because of their proximity to these areas, an off-site fuel management program shall be provided prior to a final map approval for these planning areas. Please refer to the Fire Protection Plan for more details (Appendix F, SPA Plan, Figure 10, Fuel Management Zones: Perimeter and Managed Spaces).
Affordable Housing Plan (AHP)
The Chula Vista General Plan Housing Element contains objectives, policies and action programs to accomplish key affordable housing objectives. Within Village 9 SPA Plan, compliance with the affordable housing requirements of the City’s General Plan and the Otay Ranch GDP are required, including that 10 percent or 400 of the total 4,000 units be affordable to low and moderate income households (200 units to low income households, 200 units to moderate income households).
The AHP identifies that the affordable housing sites will be located within multi-family neighborhoods within, or immediately adjacent to the Town Center, in close proximity to public transportation, schools, parks, retail commercial and community purpose facilities.
Other SPA Supporting Appendices Documents
The Village 9 SPA Plan includes other appendix documents, such as the Air Quality Improvement Plan (Appendix B, SPA Plan), the Nonrenewable Energy Conservation Plan (Appendix C, SPA Plan), the Preserve Edge Plan (Appendix D, SPA Plan), and the Water Conservation Plan (Appendix G, SPA Plan) for further review and in compliance with SPA planning requirements.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action
Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Village 9 Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master-planned communities). The Village 9 implementation documents (the SPA Plan and TM) support the development of a quality master-planned community (as described above) and allow the City the opportunity to accept lands for the UPID, as agreed to in the LOA between the City and the Otay Land Company, which will provide access to higher education for the citizens of Chula Vista and south bay.
CURRENT YEAR FISCAL IMPACT
The processing for the SPA Plan, Tentative Map and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city on the Village 9 project.
ONGOING FISCAL IMPACT
As noted earlier in this report, a Fiscal Impact Analysis (FIA) was prepared for the Village 9 SPA Plan and TM. As presented in more detail in the PFFP chapter of the SPA Plan (Appendix A, SPA Plan), and based on a set of development phasing assumptions, annual fiscal impacts are negative from Year 1 through Year 10 (assuming an Expenditure Real Inflation Rate of 0%). In the first year there is a net fiscal deficit of approximately $176,400, which spikes in Year 6 at $314,000 and turns positive in Year 11, with a surplus of approximately $195,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $727,500 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the deficit. With more non-residential (office and commercial) development underway beginning in Year 6, the deficit declines due to increased property and sales taxes. From Year 11 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years. The projected surpluses for years 11 to buildout assume that the office space and retail development takes place as is outlined in the absorption schedule and that inflation is 0% during the buildout period.
Because the Chula Vista Municipal Code requires that “projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues”, a condition of approval (Condition No. 13) has been added to the Tentative Map that requires the applicant enter into an agreement to provide such funding prior to the first Final Map.
ATTACHMENTS
Attachments: 1. Locator Map
2. Site Utilization Plan
3. Site Utilization Plan Table
4. Regulating Plan
5. Vehicular Circulation Exhibit
6. Pedestrian Circulation Exhibit
Enclosures:
1. Village 9 SPA Plan
2. Village 9 TM