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A. ORDINANCE NO. 3325 OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 26 NEIGHBORHOODS AND 10 PLANNING AREAS (SECOND READING AND ADOPTION)
B. ORDINANCE NO. 3326 OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND SONS, LLC AND SUNRANCH CAPITAL PARTNERS FOR PORTIONS OF OTAY RANCH VILLAGE TWO (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinances.
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SUMMARY
Baldwin & Sons, LLC ("Applicant" or "Developer") is proposing to add 1,562 residential units within only the Otay Ranch Village 2 portion of the Village of Montecito & Otay Ranch Business Park Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan"), including 1,632 new multi-family units and a reduction of 70 single family units. In order to do so, amendments to the General Plan, Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the associated Planned Community (PC) District Regulations and regulatory documents, Supplemental Public Facilities Finance Plan (PFFP) and the Village Design Plan components, including provision of elementary schools, Community Purpose Facilities, Parks, etc. to support the requested units must be approved. In addition, a Supplemental EIR and previous EIR must be considered. The project also includes four new Tentative Maps to accommodate the 1,562 unit addition ("Village 2 Comp SPA"). On July 9, 2012 the applicant filed applications to process all of the subject items.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may have a significant effect on the environment as identified in previous FEIR 02-02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR-12-01/SCH 2003091012 pursuant to CEQA.
BOARD/COMMISSION RECOMMENDATION
On October 8, 2014 the proposed Project was presented to the Planning Commission. A motion was made to recommend that the City Council make certain Findings of Fact; adopt a Statement of Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and Certify the Final Supplemental Environment Impact Report (FSEIR 12-01/SCH 2004091012 for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. The motion failed due to a lack of a second. The Planning Commission then heard a motion that the City Council reject the project by not making certain findings of fact; not adopting a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2003091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages Two, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act. This motion carried 5-1-0-1.
The Planning Commission expressed concerns with traffic primarily with cumulative impacts of the proposed project as well as from other recently adopted and future SPA plans in Otay Ranch. The Planning Commission found that the benefits of the project did not outweigh the impacts of the project. Based on the outcome of their vote, no votes on the other actions before the Planning Commission were taken.
DISCUSSION
Environmental Impact Report
Section 21002 of the California Environmental Quality Act (CEQA) requires that an environmental impact report identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid those significant effects. This Supplemental EIR contains an environmental analysis of the potential impacts associated with implementing the proposed Village 2 Comprehensive Sectional Planning Area Plan Amendment.
The subject EIR has been prepared as a Supplemental EIR, as defined in pursuant to Section 15163 of the CEQA Guidelines. As defined in CEQA, a Supplemental EIR examines the impacts and alterations to a previously approved project with a certified EIR. The Supplemental EIR is required to only include information necessary to support the adequacy of the previous FEIR in accordance with CEQA 15163 (b), focusing primarily on the changes in the environment that would result from the proposed alterations when compared to the previously approved project that was analyzed in FEIR 02-02. The major issues that are addressed in the Supplemental EIR were determined based on review by staff, and public comment received on the Notice of Preparation (distributed in March 2013). The issues analyzed in the Supplemental EIR include land use, geology and soils, biological resources, housing and population, hydrology, traffic, circulation and access, noise, air quality, public services, public utilities, and global climate change.
The Draft Supplemental EIR was distributed for a 45-day public review period on May 20, 2014. Public comment letters were received. The Final Supplemental EIR (FSEIR) includes all comments received, and responses to them. The Draft and Final Supplemental EIRs identify that the proposed project would result in significant and unmitigated impacts related to air quality, energy and traffic. All feasible mitigation measures with respect to project impacts have been included in the Final Supplemental EIR. As the Project would have significant and unmitigated impacts, Findings of Fact would need to be made in order to support the approval of a Statement of Overriding Consideration prior to approving the Project as proposed by the Applicant. The Findings of Fact have been attached for the Planning Commission's review and to support its recommendation to the City Council's that City Council consider the Findings, determine that the Supplemental EIR together with the previous FEIR are adequate for the project, and certify the FEIR. For those impacts with associated mitigation, a Mitigation Monitoring and Reporting Program (MMRP) has been provided with the FSEIR (See Attachment 11, disc).
The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Final SEIR. The alternatives are a reduced density project and no project. The reduced density project would result in a proposed increase of 484 additional residential units rather than 1,562 as proposed. The no project alternative would result in the continued development of the SPA Plan as it is currently without the proposed project. Based on this examination, the City has determined that neither of the alternatives meets the project objectives, or is environmentally superior to the project.
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions from the FSEIR.
Significant and Unmitigated Impacts:
Transportation, Circulation, and Access
· Under the Year 2020 conditions, the proposed project would result in cumulative impacts to the Interstate 805 (I-805) SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and I-805 SB Ramps; I-805, from Market Street to Imperial Avenue; and I-805, from Imperial Avenue to E Division Street.
· Under the Year 2025 conditions, the proposed project would result in cumulative impacts to the I-805 SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and I-805 SB Ramps; I-805, from State Route 94 (SR-94) to Market Street; I-805, from Market Street to Imperial Avenue; and I-805, from Imperial Avenue to E Division Street; I-805, from Plaza Boulevard to SR-54; and I-805 from Bonita Road to East H Street.
· Under the Year 2030 (Buildout) Conditions, the proposed project would result in cumulative impacts to the I-805 SB Ramps/Olympic Parkway intersection; Orange Avenue, between Melrose Avenue and I-805 SB Ramps; I-805, from SR-94 to Market Street; I-805, from Market Street to Imperial Avenue; and I-805, from Imperial Avenue to E Division Street; I-805, from Plaza Boulevard to SR-54; and I-805 from Bonita Road to East H Street; I-805, from East H Street to Telegraph Canyon Road.
I-805 SB Ramps/Olympic Parkway - There are right-of-way constraints that would make widening this intersection infeasible and, in addition, there is no plan or program in place that the project applicant could pay its fair-share of this improvement. Mitigation is, therefore, infeasible and the impact will remain cumulatively significant and unavoidable at this location.
Orange Avenue, between Melrose Avenue and I-805 SB Ramps - Potential recommendation for improvements would require widening Orange Avenue/Olympic Parkway between Melrose Avenue and the I-805 SB Ramps; however, there are right-of-way constraints that would make such improvements infeasible. In addition, there is no plan or program in place that the project applicant could pay its fair-share towards the cost of this improvement. The impact, therefore, will remain cumulatively significant and unavoidable at this location.
I-805, from SR-94 to Market Street, from Market Street to Imperial Avenue from Imperial Avenue to E Division Street, from Plaza Boulevard to SR-54, from SR-54 to Bonita Road, from Bonita Road to East H Street, from East H Street to Telegraph Canyon Road - The second phase of the I-805 South Project would further expand transportation choices by building out the HOV lanes into Express Lanes for a total of four lanes, two in each direction. Phase 2 also includes the addition of in-line transit stations and freeway-to-freeway direct connectors. However, on December 16th, 2011, SANDAG Board of Directors approved the purchase of SR-125 and the Addendum to SANDAG's 2030 RTP EIR. The Addendum consists of a swap of the two planned HOV lanes on I-805 between SR-54 and SR-905 (Phase 2 of the I-805 South Project discussed above) for the purchase costs of SR-125, which requires an amendment to the TransNet Extension Ordinance. It also concluded that while the reduction in tolls would result in a shift of traffic from I-805 to SR-125, freeway operations on both facilities would remain acceptable. The proposed project was modeled with Phase 2, however in order to remain consistent with the 2030 RTP Addendum, the Traffic Impact Analysis for the proposed project (prepared by Chen Ryan) is analyzed with one HOV lane in each direction (Phase 1) along I-805. At this time, neither Caltrans nor SANDAG has plans to construct additional lanes on the impacted facilities, nor is there a plan or program in place into which the project applicant could pay its fair-share towards the cost of these improvements. Mitigation is, therefore, infeasible and the impacts would remain significant and unavoidable.
Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to level of service performance to below a level of significance, impacts to transportation, circulation, and access would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project.
Air Quality
· During construction, the proposed project would result in a significant cumulative impact because construction activities, while less than significant at a project level, would potentially combine with other cumulative projects and exceed federal and state air quality emissions threshold standards for criteria pollutants.
· During operation, the proposed project would result in significant direct and cumulative impacts for Volatile Organic Compounds (VOCs) and nitrogen oxides (NOx), and significant cumulative impacts for Carbon Monoxide (CO), sulfur oxides (SOx), and particulate matter (PM10 and PM2.5), because operational activities would exceed the federal and state air quality emissions threshold standards for criteria pollutants.
· The proposed project would result in a significant direct and cumulative impact due to inconsistency with the San Diego Regional Air Quality Strategy (RAQS) and State Implementation Plan (SIP). Because the proposed project would require amendments to the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan, the proposed project is not accounted for in the current RAQS and SIP emissions budget.
Utilities: Energy
· The proposed project would result in a significant cumulative impact to energy resources because of the uncertainty regarding long-term energy supply to buildout of the proposed project in combination with cumulative projects. Although City programs, policies, and ordinances would result in more efficient use of energy within the proposed project, they do not ensure that increased energy resources will be available when needed.
All feasible mitigation measures have been required of the proposed project with respect to these impacts. It should be noted that significant and unmitigated impacts for the three issue areas identified above were also identified within FEIR 02-02. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts.
As a Lead Agency, the City must make findings pursuant to CEQA Guidelines Sections 15043, 15091, and 15093 for each significant and unmitigated impact. The attached Findings of Fact and Statement of Overriding Considerations have been prepared specifically for the project actions for which the City has authority to approve or carry out (see Attachment 11, Findings of Fact and Statement of Overriding Considerations, dated August, 2014).
Sections 15043, 15091 and 15093 of the CEQA Guidelines state that the adverse environmental effects are considered "acceptable" and a Lead Agency can approve a project that will result in significant effects when, based upon substantial evidence, findings have been made that specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR, and benefits of a proposed project outweigh the policy of reducing or avoiding the significant environmental effects of the project.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following environmental issue areas, and mitigation measures were required in the SEIR to reduce the impacts to less than significant. A MMRP (see Attachment 11) has been prepared to ensure that the mitigation measures will be implemented in accordance with specified monitoring requirements.
Transportation, Circulation, and Access
· Under Year 2025 conditions, the proposed project would result in potentially significant direct impacts to the Heritage Road/Olympic Parkway intersection and Heritage Road, between East Palomar Street and Olympic Parkway, and potentially significant cumulative impacts to the La Media Road/Olympic Parkway intersection, La Media Road (SB)/Main Street (WB) intersection, La Media Road (NB)/Main Street (WB) intersection, La Media Road (SB)/Main Street (EB) intersection, La Media Road (NB)/Main Street (EB) intersection, Magdalena Avenue/Main Street intersection, and Olympic Parkway, between Heritage Road and Santa Venetia Street. Mitigation measures MM-TCA-3, MM-TCA-5 through MM-TCA-11, and MM-TCA-13 would reduce these identified potentially significant direct and cumulative impacts to level or service standards and congestion management to a less than significant level.
Noise
· The proposed project would result in potentially significant direct impacts due to the exposure of sensitive receptors to noise levels in excess of established City of Chula Vista thresholds due to traffic generated noise, park related noise, industrial related noise, and proposed and existing (off-site) school related noise. Mitigation measures MM-NOI-1 through MM-NOI-9 would reduce these identified potentially significant impacts to a less than significant level.
Biological Resources
· The proposed project would result in potentially significant direct impacts to candidate, sensitive, or special status species, including the least Bell's Vireo and the burrowing owl. Mitigation measures MM-BIO-4 and MM-BIO-5 would reduce these identified potentially significant impacts to a less than significant level.
· The proposed project would directly impact wetlands vegetation communities and jurisdictional wetlands, including mulefat scrub, disturbed mulefat scrub, freshwater marsh, southern willow scrub, open water, and disturbed habitat swale. Mitigation measures MM-BIO-1, MM-BIO-2, MM-BIO-6, and MM-BIO-7 would reduce these identified potentially significant impacts to a less than significant level.
· The proposed project would potentially result in a significant impact due to interference with the movement and nesting of migratory birds if construction occurs during the migratory bird nesting season. Mitigation measure MM-BIO-3 would reduce this identified potentially significant impact to a less than significant level.
Geology and Soils
· The proposed project would result in potentially significant direct impacts due to the surficial soils within the project site consisting of topsoil, colluvium, alluvium, and the compressible portions of the landslide debris, which are not considered suitable for development; additionally, portions of the surficial and underlying soils (bentonite claystone) have "high" to "very high" expansion potential resulting in a potentially significant impact. Mitigation measure MM-GEO-1 would reduce these identified potentially significant impacts to a less than significant level.
Public Services: Parks, Recreation, and Open Space
· The proposed project would not satisfy the Parkland Dedication Ordinance requirements and would result in a potentially significant impact to the provision of adequate parkland and recreational facilities. Mitigation measure MM-PUB-1 would reduce this identified potentially significant impact to a less than significant level. Please see Parks discussion on pages 16-17 of this report for explanation of actual park acreage requirement and provision.
Utilities: Sewer
· The proposed project would result in potentially significant impacts to existing sewer infrastructure, specifically the Salt Creek Interceptor and Poggi Canyon Interceptor, resulting in the exceedance and the need for the expansion of existing sewer facilities. Mitigation measures MM-UTIL-1 thought MM-UTIL-3 would reduce these identified potentially significant impacts to a less than significant level.
Less than Significant Impacts
Less than significant direct impacts were identified in the following environmental issue areas:
Land Use
Transportation, Circulation, and Access
Air Quality
Noise
Biological Resources
Water Quality and Hydrology
Public Services: Fire Protection, Police Protection, Schools, and Library
Utilities: Water, Recycled Water, Solid Waste Disposal, and Energy
Climate Change
Housing and Population
1. Village 2 Comprehensive SPA Plan Amendment Location, Existing Site Characteristics, and Ownership
The Village 2 SPA Plan area is generally located south of Olympic Parkway, north of the Wolf Canyon Preserve, east of Heritage Road and west of La Media Road (see Locator Map). The southern portions of the Village are currently vacant and generally comprised of rolling terrain devoid of natural vegetation due to historic farming activities. The northerly portions of the site are partially graded, developed or currently under development. Neighborhoods within the Village with projects completed or in progress (independent from the proposed project) include R-5, R-6, R-7, R-8a, R-8b, R-9a, R-10, R-11, R-12, R-13, R-14, R-29 and R-30. These neighborhoods are being developed with a variety of product types, including detached and attached residential units, and alley loaded single family homes.
Village 2 includes approximately 765 acres under multiple ownerships (See Exhibit A in Attachment 9). Proposed amendments to the Village 2 SPA Plan represent properties owned by Baldwin & Sons, LLC and affiliated companies. The 36 neighborhoods and planning areas subject to the proposed GDP and SPA amendments comprise approximately 325.7 acres. Neighborhoods include residential units while planning areas do not (e.g. Schools, industrial sites, parks, etc.) (See Areas of Change exhibit on page 6 of Attachment 9). The areas of the four Tentative Maps comprise approximately 260.4 acres and include 27 neighborhoods and planning areas. Although the proposed SPA amendments are only for a portion of Village 2, some planning considerations, particularly context, community structure and infrastructure, must be evaluated in the context of the overall planning area. This report describes the SPA Plan and contextual considerations as part of the following discussion of each applicable SPA Plan component.
2. Project Description
The proposed project seeks to enhance Otay Ranch Village 2 by directing higher-density residential within and proximate to the Village core, further establishing a unified, pedestrian-oriented, amenity-rich village plan with the addition of parks and schools within walking distance of residents. It is consistent with the goals and vision of Village 2 and intended to enhance living, working, learning, shopping, and transit options in the Village while increasing residents' opportunities for social interaction and recreation. The project also brings residential housing typologies/products in line with current market conditions and the General Plan and Otay Ranch GDP policy objectives for Village 2 (i.e. provision of balance and mixed-housing choices). To implement this, the project requires approval of amendments to the General Plan, the Otay Ranch General Development Plan, and the Village 2 SPA Plan. Additionally, four new tentative maps and a supplemental EIR (SEIR) are required.
The project proposes 1,562 additional dwelling units, converting 14.0 acres of dedicated commercial to mixed use, adding 7.8 acres of CPF, 12.2 acres of parkland, providing a second elementary school (9.5 acres), and use of 9.0 acres as a vocational school/CPF site). The project also involves relocation of an existing City of San Diego water pipeline that currently bisects Village 2. The proposed additions will result in Village 2 on-site totals of 4,545 dwelling units, 22.5 acres of mixed use, 82.5 acres of industrial, 12.6 acres of CPF, approximately 24.1 acres of parks (not including the 46.5 acres located in the Community Park in Village 4), and 2 elementary schools.
Of the proposed 1,562 additional dwelling units, 141 are proposed in V2 north, 631 are proposed in V2 east, 318 are proposed in V2 west, and 472 are proposed in V2 south. Increasing the number of dwelling units from 2,981 to 4,545 allows for the creation of neighborhoods with densities ranging between approximately 4 du/ac and almost 24 du/ac. Overall density in Village 2 will increase from 3.9 du/ac to 5.9 du/ac. Average densities across the residential neighborhoods increases from 8.6 to 13.1 du/ac.
The proposed dwelling units will generate an additional obligation of approximately 12.2 acres of Parkland and 7.0 acres of CPF. The proposed project will provide Parkland/CPF acreage that meets these obligations by increasing the size of existing facilities, creating new ones, and/or paying in-lieu fees.
A proposed Development Agreement includes certain mutual benefits for the City and Applicant from the proposed Project, and further described in item 5 of the Analysis section of this report.
3. Proposed Amendments:
The following is a brief summary of the proposed amendments to the General Plan, Otay Ranch GDP and Village 2 SPA Plan. The area of the proposed amendments are depicted on page 2 of the proposed GDP and SPA Plan amendments booklet entitled "Otay Ranch Village of Montecito General Development Plan and Sectional Planning Area Plan Amendments" (See Attachment 9).
Chula Vista General Plan
Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 1,562 residential units as well as additions in CPF, schools and parkland areas. The proposed land use changes are as follows:
Expansion of the Residential Medium designation north of the Village Core; addition of Residential Medium (6-11 dwelling units per acre), Residential High (18-27 dwelling units per acre) and a Neighborhood Park within Village 2 West; and addition of Residential Medium High, Residential High, an Elementary School and a Neighborhood Park to the west and south of the Village Core.
Otay Ranch GDP:
Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 1,562 residential units as well as additions in CPF, schools, and parkland areas.
The GDP follows the same proposed land use changes as the GP, including the introduction of a High Density Residential (H) land use category (18-27 du/ac) consistent with the General Plan to accommodate the additional higher-density within and proximate to the existing and expanded village core.
Village 2 SPA Plan:
Amend applicable text, tables, and exhibits to reflect changes in zoning necessary to implement the additional 1,562 residential units as well as additions in CPF, schools and parkland areas. More specifically:
a. Rezone neighborhood R-21b from SF2 to SF3
b. Rezone neighborhood R-23 from SF3 to SF4
c. Rezone neighborhood R-24 from SF3 to RM2
d. Rezone neighborhood R-19b from SF4 to RM1
e. Rezone neighborhood R-25a from SF4 to RM2
f. Rezone neighborhoods R-11 and R-27 from RM1 to RM2
g. Rezone neighborhood C-1 from Commercial to Mixed Use
h. Replace neighborhood R-4b, zoned SF2, with neighborhoods R-4b(a) and R-4b(b), zoned RM1 and RM2 respectively
i. Replace neighborhood R-12, zoned RM1/RM2 combined, with neighborhoods R-12a and R-12b, both zoned RM2
j. Replace neighborhood R-17b, zoned RM1, with neighborhoods R-17b(a) and R-17b(b), zoned RM1 and RM2 respectively
k. Create neighborhood R-8c with an SF4 zoning
l. Create neighborhood R-31 with RM2 zoning
m. Create a second elementary school site (S-2)
n. Create two new public parks (P-5 and P-6)
o. Eliminate neighborhoods R-25b and R-26 (converted to school and P-5 Park sites)
Village 2 Tentative Maps
Four (4) associated Tentative Maps: Total of 1480 units (See Attachment 10).
a. PCS 12-02 Village 2 North: Amend lotting to accommodate 88 residential units;
b. PCS 12-03 Village 2 West: Amend lotting to accommodate 386 residential units;
c. PCS 12-04 Village 2 R-15b & R-31: Amend lotting to accommodate 31 residential units; and
d. PCS 12-05 Village 2 South: Amend lotting to accommodate 975 residential units
Total units shown on the TM's include a portion of the proposed 1,562 new units along with existing units previously approved for those areas.
· ANALYSIS
1. Chula Vista General Plan
· The General Plan identifies Village 2 as being within the Western District of the Otay Ranch Subarea. The General Plan designates a mix of land uses in Village 2 including a larger Village Core than the typical Village Core in Otay Ranch. The existing land uses include Residential Low Medium (3-6 dwelling units per acre), Residential Medium (6-11 dwelling units per acre), Mixed Use Residential, two Neighborhood Parks (NP), and an Elementary School (ES). A High School (HS) and a Fire Station (FS) are also located adjacent to Village 2 along Olympic Parkway and La Media Road, respectively.
· The Chula Vista General Plan (GP) provides the vision and policy direction for the planning of Village 2. The GP includes numerous policies (starting on page LUT-254) with regard to Village 2, some of these that relate directly to design and land use are:
· Provide diverse housing types, including single-family and multi-family dwellings.
· Allow a linear design for Village Two with primary access from Heritage Road and La Media Road, creating a walkable Village Core that extends in an east/west direction across the village and provides pedestrian links between community- serving land uses in the core and the surrounding residential neighborhoods.
· Provide high-density residential uses arranged in and around a commercial retail, mixed use development at the eastern end of the Village Core.
· Enable the intensification of multi-family residential densities and commercial uses to enhance transit use, reduce automotive dependency, and promote social interaction.
The proposed project is consistent with the GP policies listed above. The majority of the proposed unit increase is directed within the Residential Medium High, Residential High and Mixed Use Residential areas surrounding and proximate to the Village Core. Of the 1,562 total new units, 1,132 (72%) are located within the village core. The addition of Residential-High (18-27 du/ac) adjacent to the existing Mixed-Use residential village core places higher density residential uses proximate to schools, parks, and nearby neighborhood commercial. The increased densities will also "activate" the Village Core; encourage walking and transit use; and reduce automotive dependency.
The placement of a Neighborhood Park at the corner of Heritage Road and Santa Victoria Road creates a pedestrian-oriented gateway into the Village, and provides for a well-distributed pedestrian link between Village 2 West and the rest of the Village. The applicant will provide pedestrian features such as enhanced pavement, trellises, seating areas, and low monument signage surrounding the Neighborhood Park that will accentuate a pedestrian-oriented "gateway" entry to the Village 2.
2. Otay Ranch GDP
The Otay Ranch GDP provides a vision and direction for the planning of the Village 2 SPA Plan. The vision of the GDP for this area is that the Village 2 serves as an 'Urban Village.' According to the GDP/SRP, Urban Villages are "adjacent to existing urban development and are planned for transit oriented development with higher densities and mixed uses in the village cores."
Key goals and objectives within the Otay Ranch GDP include:
Goal: Develop comprehensive, well integrated and balanced land uses which are compatible with the surroundings. (Page 64)
Objective: Provide a well-integrated land use pattern which promotes both housing and employment opportunities, while enhancing the unique environmental and visual qualities of the Otay Ranch.
Objective: Provide a wide range of residential housing opportunities, from rural and estate homes to high-density multi-family projects. Provide a balanced and diverse residential land use pattern for the Otay Valley Parcel which promotes a blend of multi-family and single-family housing styles and densities, integrated and compatible with other land uses in the area.
Objective: Provide development patterns complementary to the adopted plans and existing development of the adjacent communities. The SPA Land Use Plan supports these GDP goals and objectives by providing a range of housing and employment opportunities. The plan adheres to the GDP specific directives for Village 2 that create a village core (composed of commercial, community purpose, elementary school, high school, neighborhood park, town square, and higher-density residential land uses) and residential neighborhoods that offer a variety of housing styles and densities. The proposed project expands the core, offers potential employment opportunities therein, and adds density both in and around the core. The proposed increase in density will also allow for the provision of more small lot single family product and a wide range of multi-family residential units that provides a balanced and diverse residential land use pattern.
3. Otay Ranch Village 2 SPA Plan Amendment
The proposed Village plan is intended to maintain Village 2 goals/objectives as originally defined in the Otay Ranch General Development and the Montecito SPA Plan. At the same time, the proposed plan for Village Two seeks to enhance the Village by bringing housing typologies/products in line with current market conditions, increasing commercial viability, responding to today's home buyer preferences, and conforming to GDP policy objectives.
As defined in the Otay Ranch GDP and Montecito SPA, residential density is focused in/around the V2 core. A future BRT transit stop near the intersection of La Media Road and State Street and additional transit stops within the Village (determined by the Metropolitan Transit System) will promote transit ridership and provide residents with alternatives to automobile use. The core is extended southward to Santa Liza Street to now include a second elementary school (S-2), another park (P-5) and additional residential (R-25a) in V2 south. This expansion adds almost 30 acres and 450 units to the core. Density still decreases with distance from the village core.
Creating residential density near the village core makes commercial uses more viable. Increased density also creates activity/vibrancy at the street level, which will increase the urban, pedestrian-oriented 'feel' originally planned in Village Two.
Public Parkland and Community Purpose Facilities (CPF) are focused in and around areas with highest densities (village core). CPF-9 is located at the westerly portion, adjacent to the village core, P-5 is centrally located within the expanded village core, and P-6 is located adjacent to the higher density Neighborhoods R-4b ("a" and "b"). This puts the majority of Village Two residents in direct proximity to Parkland/CPF amenities. Additional facilities are distributed throughout the Village and are within walking distance for most residents.
Park and CPF facilities provide diversity in recreational, social, and learning options available to residents. Due to the diversity and distribution of these facilities, a resident may be able to enjoy a private swim club, a community garden, a private recreational facility, and a public park - all within a short walk.
To further activate the Village entry/core, the C1 district (originally planned as stand-alone commercial) is changed to mixed-use residential. The addition of residential promotes multi-hour activity, and a lively 'main street' environment. This also encourages residents to meet and gather in the public realm, or in semi-private gathering areas.
Increasing density and revising dwelling unit product/typology in the R4 neighborhood from only existing large lot single family (5-8,000 sf lots) type with an additional mix of smaller lot and multi-family allows the neighborhood to establish a varied rather than "monotone" character. Adding a public park puts residents closer to public facilities and eliminates their need to cross Heritage Road for park access. Changing land use from single family detached to multi-family, project specific amenities such as common open space areas, tot-lots, and recreational areas, including pools, may be implemented. This provides residents opportunities for recreation and social interaction. This approach is consistent with the Otay Ranch GDP description of V2 west.
The location of the new elementary school (S2) extends the village core south, and makes the elementary school more proximate to V2 south residences. This encourages students/parents walking to school. The proposed vocational school (CPF#9) will serve the City and Southbay region, connecting to the western portion of Village Two with the core and other portions of the Village, and will help to foster the development of the surrounding industrial area.
Village 2 PC District Regulations Amendments
The PC District Regulations function as the zoning regulations for Village 2. Because the product and zone types with the amendment are consistant with those in the village as currently approved, no substantative change to the District Regulations was required. An update to the zoning map (Exhibit 1 in the Planned Community District Regulations) is the only change to the approved document.
Village 2 SPA Plan Design Guidelines
The Design Guidelines set forth design parameters that pertain to site planning, landscape architecture, architecture and signage for all developments within Village 2. The Design Guidelines contain illustrations and requirements to implement the design ideas presented therein. The Village 2 predominant design theme is Santa Barbara, Spanish architecture. The Design Guidelines consist of various single and multi-family conceptual lotting and spatial orientation illustrations. The proposed project will comply with these existing design guidelines. Edits have been made only to implement the existing standards across the new land use plan. The land use plan has been updated to reflect the new neighborhoods and the new zoning of existing neighborhoods that are proposed to change. Additionally, seven exhibits have been updated to show the new land use plan, to provide details for new and revised parks, and to show village core information to reflect the expanded core.
The exhibits in the document have all been updated to show the required design elements and how they will be incorporated within the new plan. Special attention is paid to the new public facilities such as CPF and parkland. Additionally, detailed design requirements are added for the new proposed parks (P-5 and P-6) and updated information is provided for P-3 which will now surround the homeowner's association swim club facility.
Village Core Master Precise Plan (MPP)
As part of the project, modifications are proposed to neighborhoods within the village core. Neighborhood C-1 is changed from commercial to mixed use and units are added to the three existing mixed use areas. An area that was originally designated for CPF uses, now will be multi-family residential (R-31). Additionally, the west end of the village core is extended southward to Santa Liza Street to include a second elementary school (S-2), another park (P-5) and additional residential (R-25a) in V2 south. The modifications and expansion add almost 30 acres and 450 units to the core.
The Montecito Village Core Master Precise Plan has been updated to reflect these additions and changes. Detailed design requirements and guidelines have been added for the areas that were not previously covered by the plan (R-25a, R-31, S-2 and P-5) and the requirements for existing core neighborhoods that receive additional units (R-11, R-27, MU-1, MU-2, MU-3 and C-1) have been updated. Components addressed for each of these neighborhoods are planned use, permitted use, mandatory site plan elements, building design & siting, and urban character.
Additionally, architectural and design details consistent with the Village Design Plan have been added for placement of a monument sign within the median of State Street at La Media Road. The proposed monument sign will be reviewed and approved by the Development Services Department.
Parks, Open Space & Trails
The proposed project meets the open space requirements per the existing Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 12.16 acres of park land. This obligation will be met through the Applicant's dedication of parkland. To achieve this, two new public parks have been created (P-5 and P-6) and two within the existing plan have been expanded (P-3 and P-4). See Exhibit 40 of the SPA Plan. The FSEIR analyzed the "worse case" scenario for the project with an increase of 311 single family units, which resulted in a deficit of 1.4 acres. However, the actual project decreases single family by 70 units. Thus, the parkland provided meets the required 12.16 acres.
As part of the current Village 2 SPA Plan, 109 acres of open space were required to meet the Otay Ranch GDP threshold of 12 acres per 1000 residents. The proposed project, with the 5,061 new residents will generate an additional 67.7 acre requirement, increasing the open space demand for Village 2 to 176.7 acres. The 213.6 acres provided in the village exceeds the Otay Ranch GDP open space requirement by nearly 37 acres.
The trails in the Village remain consistent with the approved 2006 Village Two SPA Plan. No changes have been made as a result of this amendment. See Exhibit 40 of the SPA Plan.
In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of development area. The applicant will be responsible for satisfying this requirement concurrently with the processing of the final maps. The proposed amendment does not expand the footprint of the area previously planned for development, therefore, the total dedication required does not change from the original project.
Community Purpose Facilities
CVMC Section 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.
The proposed amendment requires an additional 7.0 acres of CPF. The project proposes to eliminate a total of 2.7 acres of CPF (CPF-3 and CPF-5) and create a total of 10 acres of new CPF (CPF-7 and CPF-9). The net increase of 7.3 acres exceeds that obligation attributable to the new 1,562 units.
The new CPF-7 site is located at the end of the primary village entry (State Street) and is intended to be a swim club (a private recreation facility) for the residence of the Montecito Homeowners Association. CPF-9 will be located in the industrial portion of Village 2 South and is intended to be a vocational school (although other uses consistent with the City's CPF ordinance would be allowed). The vocational school is intended to provide job training for residents to meet employment opportunities in the local economy. See Exhibit 44 of the SPA Plan.
Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA)
A PFFP has been prepared as a supplemental document to the original PFFP dated February 28, 2006. Another Supplemental PFFP's was approved for two separate SPA amendments in January and April of 2012. The Otay Ranch Village 2 Supplemental PFFP for this project analyzes the proposed 1,562-unit addition, any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for construction of necessary public facilities based on the project's proposed phasing.
The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the Tentative Map, requiring payment of various fees at the building permit stage, and/or continuing payment of bond payments under the approved Community Facilities Districts to finance or maintain public facilities. The PFFP included an analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal impacts of the project.
· The supplemental PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 2 plan and phasing program. The Village 2 FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation with those of other Chula Vista SPAs.
Based on the FIA and the assumptions contained therein, annual fiscal impacts, as compared to the currently approved project, are negative in Year 0 & 1 and Years 6 through 12. In the first year there is a net fiscal deficit of approximately $109,000. The project operates the next four years at a total surplus of almost $640,000. The total deficit in Years 7 through 12 is just under $290,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $540,000 by build out, Year 20. Beyond year 17 (future build out), the fiscal impact is anticipated to be net positive in the amount of $429,149. 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 development underway between years 5 and 9, the deficit declines. From Year 10 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office/industrial development during those years.
On a comparative to the current adopted SPA Plan, the current Village 2 SPA's net impact is negative $117,343 Year 0-1, and positive $5.5 million Years 2-17. Beyond Year 17 the current Village 2 SPA is expected to be net positive $832,672 annually. As indicated above, the proposed project would generate a positive net impact of approximately $429,149 annually. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (Appendix D, SPA Plan).
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 to offset the negative fiscal year impacts.
Not accounted for in the FIA deficit and surplus calculations, the Applicant will provide a public benefit contribution in the amount of $5,000 per new residential unit (up to the 1,562 proposed with this project) to the City at the time of building permit issuance. This would be additional revenue benefitting the City. The additional monetary contribution would be applied to a "civic-type" use within the City.
Affordable Housing Plan
· The Chula Vista General Plan Housing Element contains objectives, policies and action programs to accomplish key affordable housing objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households; one-half of these units (5% of the total project) being designated for low income, and the other half (5%) to moderate income households.
· An Affordable Housing Plan was approved with the original Village 2 SPA Plan and has been updated to account for the additional 1,562 units. With approval of the proposed project, the total required affordable units will increase from 298 to 454. Of these 454 units, 227 will be low income affordable units and 227 will be moderate income affordable units.
· Due to the ownership fragmentation within Village 2, a Village-wide Affordable Housing Agreement was prepared and signed by all ownerships, stating that each of the respective ownerships would be responsible for the provision of affordable housing units for their developments. Upon approval of the proposed project, Baldwin & Sons would be required to provide 343 affordable housing units, including 172 for low income. The requirement for these 172 affordable low income units are to be commenced at the 50% building permit issuance for all units owned by Baldwin & Sons in accordance with the July 26, 2011 allocation letter.
Water Conservation Plan
· The City of Chula Vista's Growth Management Ordinance requires that all development of 50 units or more prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan presents a review of presently available technologies and practices that result in water conservation. This plan identifies water conservation measures that will be incorporated into the project as a condition of approval on the SPA Plan. A WCP was prepared for the project as a part of the original approval in 2006. A new WCP, consistent with the current City standards, has been prepared as a part of the proposed project.
· This new WCP covers already approved units and land uses along with those proposed by this amendment.
· The Village 2 WCP requires that residential development provide hot water pipe insulation, pressure reducing valves and water efficient dishwashers. In addition, to comply with the City's current water conservation requirements, the developer will also include dual flush toilets and water efficient landscaping. Together these three measures annually save approximately 28,850 gallons per single-family unit and approximately 8,850 gallons per multi-family unit.
· The WCP also provides a discussion of the local water conservation requirements related to the use of reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled water for irrigation of parks, median landscaping, open space slopes, and common landscaped areas. The Landscape Manual also requires some drought tolerant plant selection in the landscaping plan and the use of evapotranspiration controllers for parks and common landscaped areas. Additionally, the Landscape Water Conservation Ordinance is expected to reduce outdoor water consumption due to the setting of strict water budgets on City approved landscape plans that must not be exceeded.
The proposed conservation measures outlined above, and identified in the Village 2 WCP, comply with the City of Chula Vista's Growth Management Ordinance and the goals, objectives and policies of the City's General Plan and the Otay Ranch GDP. See Water Conservation Plan section of the SPA Plan.
Air Quality Improvement Plan
· The City has included a Growth Management Element (GME) in its General Plan. One of the stated objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is incorporated into the GME's action program. In addition, the City's Growth Management Ordinance (CVMC 19.09) requires that an Air Quality Improvement Plan (AQIP) be prepared for all major development projects (50 dwelling units or greater) as part of the SPA Plan process. An AQIP was prepared for the project as a part of the original approval in 2006. Due to updates in City policy and the requirements for the AQIP in 2010, the existing document was determined to no longer be adequate. A new AQIP has been prepared for Village 2 (including the proposed project) to comply with the City's current AQIP Guidelines.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from development of Village 2 and to demonstrate how the design for Village 2 reduces vehicle trips, maintains or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect greenhouse gas emissions. A computer model (INDEX), prepared by Criterion Engineers & Planners was used to analyze the project's land use plans wherein certain threshold scores must be met for a set of key indicators. These "key indicators" include:
Land Use
· Use Mix
· Use Balance
· Neighborhood Completeness
Housing
· School Proximity to Housing
· Transit Proximity to Housing
Employment
· Transit Proximity to Employment
Recreation
· Park Proximity to Housing
Travel
· Internal Street Connectivity
· Intersection Density
· Pedestrian Network Coverage
· Residential Multi-Modal Access
· Daily Auto Driving (3Ds Methodology)
Climate Change
· Residential Building Energy Use
· Non-Residential Building Energy Use
· Residential Building CO2
· Non-Residential Building CO
Because of the project's mix of uses and other project design features, compact development pattern, walkability, provision of transit facilities, and bicycle network, the project's INDEX analysis met the required Threshold Scores and complies with the City's adopted strategies for improving air quality and energy conservation. See the Air Quality Improvement Plan section of the SPA Plan.
Fire Protection Plan
· The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. In addition, the California Fire Code requires a FPP with all new development based on its proximity to the Urban Wildland Interface. A FPP was prepared for the project as a part of the original approval in 2006. Minor modifications have been made to the FPP as part of the proposed project to add plant species to the approved plant list, adjust the maximum allowable plant height, and modify the irrigation requirements for certain zones (changing from permanent irrigation to temporary irrigation). These changes have been made with the intent of preserving areas of established landscaping and to allow for the slope landscaping to have a more natural appearance. The FPP was reviewed by and approved by the Fire Marshall. See the Fire Protection Plan section of the SPA Plan.
4. Tentative Subdivision Map (PCS 12-02, 12-03, 12-04, 12-05)
· A Tentative Subdivision Map is required for a division of land resulting in four or more lots or condominium units, pursuant to Section 2 of the City of Chula Vista Subdivision Manual. The proposed Tentative Maps has been designed to comply with the lot design criteria of the Subdivision Manual. The proposed Tentative Maps would be consistent with surrounding development and would complement the area with the design for more compact single family lotting clusters in Village 2 north and traditional, linear lotting maintained in Village 2 west and south. Overall the subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. The Tentative Maps are consistent with the amended General Plan and Otay Ranch General Development Plan densities established for the respective areas.
·
· The following four new Tentative Maps are associated with the proposed project adding 1,562 units to Village 2. The Tentative Maps cover 27 of the 36 neighborhoods/planning areas affected by the GDP and SPA amendments; a total of 1,480 units are shown on these four Tentative Maps. The analysis presented in the PFFP discussion, which addresses transportation, circulation, drainage, water, sewer, fire, schools, and parks on pages 11-13 of this staff report are also applicable to the four proposed Tentative.
·
· The Tentative Maps are listed and described below in chronological order with descriptions particular to that map such as access, subdivision design and grading.
·
A. PCS 12-02 (Otay Ranch Village 2 North): Proposes to subdivide 7 existing lots totaling approximately 40 acres into 51 single family lots, 28 multi-family, one (1) HOA open space lot, one (1) public park, and one (1) CPF lot. The Tentative Map covers a total of 88 residential units.
·
· Project Access:
· Access to the project area is provided from existing Santa Diana Road, Santa Alexia Avenue, and Pershing Road. An extension of Pershing Road and Stow Grove Avenue provide access within the project area. These streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines.
·
· Subdivision Design:
The subdivision design consists of 79 residential lots, one (1) open space lot, one (1) public park, and one (1) CPF lot. Fifty one (51) of the lots will be single family and range from 4,250 sf to 17,107 sf in size. Twenty seven (27) of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final multi-family lot is an extension of the existing Neighborhood R-10b and will increase the total number of residential units in that project by 10.
Grading:
In conjunction with approval of the original Tentative Map (CVT 06-05) and in conformance with the City of Chula Vista's General Plan and the Otay Ranch GDP, a grading approach was established for the Village 2 SPA Plan.
Implementation of the proposed map conforms to and enhances the approved grading approach goals by further concentrating urban development on mesa tops and gently rolling terrain, while retaining sensitive natural topographic features. The proposed plan allows for substantial conformance to the grading plan for Village 2 north, which was approved in conjunction with the original Village 2 Tentative Map (CVT 06-05). Most of the site is currently in a graded pad condition and slopes gently northwest toward Olympic Parkway. The most significant change to the existing grading plan will be the expansion of pad and slope areas along the northern portion of the map into an area previously identified for future development. Grading will conform to the City of Chula Vista grading ordinance.
·
B. PCS 12-03 (Otay Ranch Village 2 West): Proposes to subdivide approximately a 48.2 acre lot into 113 multi-family lots, one (1) public park, four (4) open space lots, and two (2) HOA lots. The Tentative Map covers a total of 386 residential units.
·
· Project Access:
· Vehicular access to the site will be provided from Heritage Road and Santa Victoria Road. Natoma Court, Barranca Avenue and Occidental Road will provide primary access within the project area. These streets will conform to the guidelines set forth in the Village 2 SPA Plan, and to applicable City of Chula Vista street design guidelines.
·
· Subdivision Design:
· The subdivision design consists of 113 residential lots, four (4) open space lots, one (1) public park, and two (2) HOA lots. One hundred eleven (111) of the residential lots will be small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The final 2 residential lots are multi-family and create the R-4b(b) neighborhood, which will allow up to 275 residential units.
·
· Grading:
The proposed map allows for a grading approach consistent with that established for the original Tentative Map (CVT 06-05). Although grading plans have yet to be finalized for Village 2 West, the proposed plan locates development on gently rolling terrain, while maintaining steep slopes to the north and east toward Olympic Parkway and Heritage Road. Neighborhood orientation and street alignments are intended to minimize the necessity for grading and retaining walls. This allows for the implementation of a grading approach substantially similar to that which was intended for the original Tentative Map. Any grading will conform to the City of Chula Vista grading ordinance.
·
C. PCS 12-04 (Otay Ranch Village 2 R-15b & R-31): Proposes to subdivide two (2) existing lots totaling approximately 1.8 acres into six (6) single family lots and one (1) multi-family lot. The Tentative Map covers a total of 31 residential units.
·
· Project Access:
· Access to the project area is provided from existing Santa Victoria Road and Anapamu Avenue. Ortega Street will provide access within the project area. All streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines.
·
· Subdivision Design:
· The subdivision design consists of 7 residential lots. Six (6) of the lots will be single family and range from 5,270 sf to 6,083 sf in size. The multi-family lot is 1.1 acres in size and will allow up to 25 residential units.
·
· Grading:
Implementation of the proposed map conforms to and enhances the approved SPA grading approach by further concentrating urban development on mesa tops and gently rolling terrain, while retaining sensitive natural topographic features. The proposed plan allows for substantial conformance to the grading plan for Village 2 East, which was approved in conjunction with the original Village 2 Tentative Map (CVT 06-05). Minor changes to the existing grading plan will be required, but the grading footprint will substantially conform to the originally approved plan. Grading will conform to the City of Chula Vista grading ordinance.
·
D. PCS 12-05 (Otay Ranch Village 2 South): Proposes to subdivide 2 existing lots totaling approximately 170.4 acres into 226 single family lots, 77 multi-family lots, one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots. The Tentative Map covers a total of 975 residential units.
·
· Project Access:
Access to the project area is provided from Heritage Road and Santa Victoria Road. Numerous streets will provide access within the project area, with Santa Liza Street, Santa Carolina Road, and Santa Christina Avenue being primary among these. All streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street design guidelines.
· Subdivision Design:
· The subdivision design consists of 303 residential lots, one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lot. Two hundred twenty six (226) of the lots will be single family and range from 5,060 sf to 14,064 sf in size. Seventy three (73) of the lots are small lot single family (each intended for a single detached product) that are categorized as multi-family due to their density. The remaining 4 multi-family lots are 4.7 acres (R-17B(b)), 2.5 acres (R-24), 14.1 acres (R-25a) and 8.7 acres (R-27). These lots are planned to allow a maximum of 95 units, 59 units, 330 units and 175 units respectively.
·
· Grading:
The proposed map allows for a grading approach consistent with that established for the original Tentative Map (CVT 06-05). Although grading plans have yet to be finalized for Village 2 south, the proposed plan locates development on gently rolling terrain, while maintaining steep slopes to the south toward Wolf Canyon. Neighborhood orientation and street alignments are intended to minimize the necessity for grading and retaining walls. This allows for the implementation of a grading approach substantially similar to that which was intended for the original Tentative Map. Any grading will conform to the City of Chula Vista grading ordinance.
5. Development Agreement
State and City Requirements for Development Agreements
California Government Code sections 65864 through 65868.5 authorize cities to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. A development agreement is a contract negotiated between the project proponent and the public agency that specifies certain mutual benefits negotiated for a particular project and vests, subject to certain conditions in the agreement, the rights of the project applicant to develop the property under current land use regulations for a specified term.
Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that development of large projects within the City create unique and complex development considerations and that, in addition to the minimum requirements for development agreements contained in the Government Code, additional procedures and requirements for the consideration of development agreements shall be contained within each individual agreement. The Development Agreement presented here includes the minimum requirements for development agreements contained in the Government Code, as well as additional procedures and requirements designed to address the unique and complex development considerations presented by the Project.
The following discussion focuses on the benefits of the Development Agreement to both the City and the Applicant, and a description of the fundamental terms of the Agreement.
Public Benefits
Beyond the basic benefits of developing a project of the size and scope of Village Two, including the development of necessary infrastructure, providing a cumulative positive fiscal impact at build out, and enhancement of the City's image as a leader in sustainable community building, the City will receive the following benefits from entering into the Development Agreement, which is presented in draft in Attachment 8:
· Complete the construction of two lanes of Heritage Road (one in each direction) between Santa Victoria Road and Main Street prior to issuance of the Master Developer's 155th building permit for a residential unit sewering south to the Salt Creek Sewer Interceptor. Per the requirements of the original approval, the Applicant bonded for this facility with the 1,276th mapped unit in the Village. This requirement will further their obligation and be the first trigger identifying the opening of the road. In addition to the circulation benefits that the completion of this segment of Heritage Road will provide, the City will also recognize an economic benefit through the provision of a direct connection between Otay Ranch and the auto dealerships located on Main Street.
· Relocation of the City of San Diego's Otay #2 Pipeline from its current location bisecting the Community Park to within La Media Road. The relocation of this line will allow for the development of the Community Park without any encumbrances. Additionally, once relocated to La Media Road, any necessary repairs or maintenance will be able to be performed without disruption to that park, open space, or the internal village circulation roads which cross the current alignment.
· Public benefit contributions equal to $5000 for each of the 1,562 new units (up to $7.8M total) to be used for enhancements to, or a new public facility in the City. These public benefit contributions will be made as development proceeds on the Master Developer's future neighborhoods as identified in Exhibit A.
· Second elementary school site with funding commensurate to construct the facility. This will allow the elementary school needs of all village residents to be met within the village.
· Option to construct a public swimming pool facility located on one of Village Two's neighborhood park sites.
Benefits to the Master Developer
· Predictability in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Village Two SPA Plan and existing land use laws, regulations and policies for up to twenty (20) years.
· Use of the City's Development Impact Fee Deferral Policy for the life of the Development Agreement (up to 20 years). Pursuant to the Development Impact Fee Deferral Policy, the Master Developer may defer the payment of Development Impact Fees until the request for final inspection of each individual residential unit upon satisfaction of specified conditions (Attachment 1, Section 2.7).
· Ability to satisfy 9.0 acres of Master Developer's CPF obligation within the IND-3 site. Additionally, City agrees that a vocational school or adult school will be deemed to be an approved CPF use.
· Option to process an application to rezone the CPF-5 site in Village Seven to a residential site (rather than converting it to a CPF site) and to rezone the CPF-2 site in Village 2 South to low-density residential forup to six single family lots. These benefits are subject to the Applicant exercising its option to construct a public swimming pool facility on one of the neighborhood park sites in Village 2 as described above.
· Ability to form a Community Facilities District (CFD) for the Project utilizing multiple phases or bond series. Upon formation of such a CFD, the City shall charge a single "priority administration cost" that provides for full cost recovery for City administrative activities.
· Ability to build the public facilities in Community Park P-4 with the right to reimbursement from public benefit contributions previously made and credits against public benefit contributions not yet made.
Other Terms of the Agreement
The Development Agreement will contain the following additional major points:
· The term of the Development Agreement, all tentative maps and other development approvals will be twenty (20) years.
· For the Term of the Development Agreement, the Master Developer and its merchant builders shall have the vested right to develop the property pursuant to the Sectional Planning Area (SPA) Plan, Tentative Map, Development Agreement, and existing land use laws, regulations and policies. The Development Agreement will vest permitted uses, density, intensity, timing and phasing of development, and reservations and dedications of land.
· As described above, the Development Agreement will allow for the continuation of the City's Development Impact Fee Deferral program, which allows for the payment of development impact fees upon request for final inspection rather than at issuance of building permits.
· The Development Agreement may be amended from time to time by the mutual written consent of the City and Master Developer and the Owner of any affected portion of the property.
· The City shall accept and process with reasonable promptness all completed applications for subsequent approvals.
· Development Agreement shall run with the land and benefit and bind future owners should the Master Developer sell or transfer ownership.
DECISION-MAKER CONFLICT
No Property within 500 feet
Staff has reviewed the property holdings of the Planning Commissioners 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, and has not been informed by any Planning Commission 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 2 Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master-planned communities). The Village 2 implementation documents (the SPA Plan and TMs) support the development of a quality master-planned community (as described above) with schools, parks, jobs, transit, shopping, and other amenities, all within walking distance for residents. A vocational school will provide access to job training and education opportunities for citizens of Chula Vista and south bay.
CURRENT YEAR FISCAL IMPACT
The processing for the GP, GDP and SPA Plan amendments, SEIR, Tentative Maps and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city on the Village 2 Comp SPA project.
ONGOING FISCAL IMPACT
The proposed project results in an increase of 1,562 units within Village 2. The applicant was required to conduct a separate Fiscal Impact Analysis (FIA). The Supplemental FIA for the Village 2 SPA Plan Amendment estimates that both projects yield annual positive impacts to the City at build-out. The proposed amended project is estimated to generate $429,000 annually at build-out versus the approved project that is estimated to generate $832,672 annually at build-out. A comparison of the fiscal impacts of the two projects is over the build-out period is summarized in the following table:
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 has been added to the Tentative Map that requires the applicant enter into an agreement to provide funding to offset the negative fiscal impact prior to approval of the first Final Map in the project. This agreement must be approved by the City.
ATTACHMENTS
1. Locator Map
2. Planning Commission Resolution FSEIR 12-01
3. Draft Planning Commission Minutes
4. Draft City Council Supplemental to FSEIR 02-02 Resolution
5. Draft City Council GPA/GDP/SPA Plan Resolution
6. Draft City Council PC District Regulations Ordinance
7. Draft City Council TM Resolutions- Otay Ranch Village 2 North- Chula Vista Tract 12-02;
8. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-03;
9. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-04;
10. Draft City Council TM Resolutions Otay Ranch Village 2 North- Chula Vista Tract 12-05;
11. Draft Development Agreement Ordinance
12. Disclosure Statement
13. Village 2 GPA/GDP/SPA Plan Amendments booklet (disc) - on file at the City Clerk's Office.
14. Tentative Maps (PCS 12-02; PCS 12-03; PCS 12-04; PCS 12-05) (disc) - on file at the City Clerk's Office.
15. Village 2 Supplemental EIR 12-01 (disc) -on file at the City Clerk's Office.
Staff Contact: Stan Donn, Senior Planner or Caroline Young, Associate Planner