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Home My WebLink About2012/04/03 Item 08CITY COUNCIL AGENDA STATEMENT ~~ CITY OF ------ CHULA VISTA n Item No: Meeting Date: 04-03-12 ITEM TITLE: PUBLIC HEARING CONSIDERATION OF 1) PCM 10-29/30 AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN, OTAY RANCH VILLAGE 2 SECTIONAL PLANNING AREA PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS AND ASSOCIATED DOCUMENTS; AND 2) ONE TENTATIVE MAP PCS 11-01, ASSOCIATED WITH A 197-RESIDENTIAL UNIT INCREASE WITHIN OTAY RANCH VILLAGE 2. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL CONSIDERING THE MITIGATED NEGATIVE DECLARATION (IS- 10-009); APPROVING AMENDMENTS TO THE OTAY RANCH GDP, OTAY RANCH VILLAGE 2 SPA PLAN AND ASSOCIATED REGULATORY DOCUMENTS IN ORDER TO ADD 197 UNITS AMONG FOUR NEIGHBORHOODS WITHIN VILLAGE 2. ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PC DISTRICT REGULATIONS AND LAND USE DISTRICT MAP FOR NEIGHBORHOODS R-7A, R-9A, AND R-28. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 -CHULA/ VISTA TRACT 11-01. SUBMITTED BY: ASSISTANT CITY MANAGE~'DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO 8-1 Item No.: Meeting Date: 04-03-12 Page 2 of 15 SUMMARY Otay Ranch New Homes, LLC ("Applicant," "Owner" or "Developer") is proposing to add 197 residential units/lots within the Villages Two, Three and a Portion of Village Four Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan"). The proposed 197-unit increase requires amendments to the Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the associated Planned Community (PC) District Regulations, and the Village 2 Design Plan. In addition, a Supplemental Public Facilities Finance Plan (PFFP) must be approved, and a Mitigated Negative Declaration (IS 10-009) must be considered. The project also includes one new Tentative Map for neighborhoods R-7A and R-9A. On November 22, 2010, the Applicant filed applications to process all of the subject items. BACKGROUND Otav Ranch GDP In October of 1993, the City Council and San Diego County Board of Supervisors adopted the City of Chula Vista Otay Ranch GDP and the County Otay Subregional Plan (SRP) respectively. The GDP/SRP governs the 23,000+ acre Otay Ranch Properties. The Otay Ranch GDP is based upon, and directly implements, the City of Chula Vista General Plan. The Otay Ranch GDP includes plans for urban villages, a resort community, the Eastern Urban Center, industrial areas, coral estate planning areas, and a university. Since its adoption in 1993, the GDP was amended in 1998, in 2005 (as part of City Council's adoption of the City of Chula Vista's Comprehensive General Plan Update), in May 2006 to address Village 2- specificplanning issues, and most recently in February 2012. Villaee 2 SPA Plan The Village 2 SPA Plan and Tentative Map (PCS 06-OS) were approved by the Chula Vista City Council on May 23, 2006. The Village 2 SPA Plan authorized up to 2,786 dwelling units in a variety of urban and semi-urban residential products. While the greatest residential densities and mixture of uses comprise the village core, the Village 2 SPA Plan also created a series of residential neighborhoods organized around private recreation facilities. Residents within these neighborhoods will be within walking distance of multiple public parks, private recreational facilities, and a va riety of commercial uses. Minor Substantial Conformance Review (SCR) requests were approved on February 15, 2007 and December 13, 2007, which authorized unit transfers between several neighborhoods. These minor SCRs did not require GDP or SPA Amendments and are reflected in the proposed Village 2 Land Use Summary Table. In February, 2012, an Amendment to the Otay Ranch GDP and Village 2 SPA Plan was processed by another property owner and approved by the Chula Vista City Council to transfer 113 lots/units among 10 neighborhoods resulting in a decrease from seven neighborhoods and an increase in three neighborhoods, resulting in a net zero increase. 8-2 Item No.• g Meeting Date: 04-03-12 Page 3 of 15 Since the approval of the Village 2 S PA Plan and Tentative M ap in 2006, market conditions hav e changed for single-family residential development. Due to structural shifts in the economy affecting the real estate sector and mortgage markets, demand has increased for "small lot" detached homes with lot sizes approximately 3,000 square feet and decreased for traditional single family larger homes with lot sizes approximately 5,000 square feet (as previously approved). As a result, the Applicant is requesting amendments to the Village 2 SPA Plan and approval of one associated Tentative Map, to allow for construction of alternate housing products that are consistent with t oday's marketplace conditions and horn ebuyer preference. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program. RECOMMENDATION 1. Consider the Mitigated Negative Declaration (IS-10-009); 2. Approve a resolution for amendments to the Otay Ranch GDP, and the Village 2 SPA Plan and supporting regulatory documents in accordance with the findings and subject to the conditions contained therein; 3. Approve an Ordinance for amendments to the PC District Regulations and Land Use District Map, in accordance with the findings and subject to the conditions contained therein; and, 4. Approve Resolution for Tentative Map CVT 1 I-O1, in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On March 14, 2012 the Planning Commission voted 4-1-1-] to recommend to the City Council approval of the p roposed Project. DISCUSSION 1. Location, Existing Site Characteristics, and Ownership The Village 2 SPA Plan area is located south of Olympic Parkway, east of the future Heritage Road extension and west of La Media Road (see Attachment #1, Locator Map). Portions of the Village are partially graded, and other areas are developed or currently under development. Neighborhoods within the Village with projects in progress (independent from the proposed project) include R-5, R-10, R-12, R-13, R-14, and R-30. These neighborhoods are being developed with a variety of product types, including detached and attached residential units, and S-3 Item No.• g Meeting Date: 04-03-12 Page 4 of 15 alley loaded single family homes. Other portions of the site are currently vacant and generally comprised of rollin g terrain devoid of natur al vegetation due to historic farming activities. Village 2 includes approximately 775 acres under multiple ownerships (See Attachment 9, Exhibit A). Proposed amendments to the Village 2 SPA Plan represent properties owned by Otay Ranch New Homes, LLC. The four neighborhoods (R-7A, R-9A, R-28 and R-29) subject to the proposed GDP and SPA amendments comprise approximately 27.6 acres. The area of the Tentative Map (PCS 11-01) comprises approximately 12.0 acres. Although the proposed SPA amendments are only for a portion of Village 2, some planning issues, particularly context, community structure and infrastructure, must be evaluated in the context of the overall planning azea. This report describes the SPA Plan component(s) and an evaluation of each of the applicable SPA Plan component associated with th e proposed Project. 2. Project Description The project proposes adding 197 residential units within four neighborhoods of the Village 2 SPA Plan as listed in the table below. Neighborhood Existing # Units Proposed #Units #Units Increase Product Type R-7A 44 82 38 Sin le-Family R-9A 56 67 11 Sin le-Family R-28 46 135 89 Multi-Family R-29 89 148 59 Multi-Family Total 235 432 197 i This proposed density increase is described in greater detail in the "Proposed Amendments" section below. R-7A, R-9A, R-28 and R-29 are among a number of neighborhoods located in Village 2 North that were graded and had partial utilities installed in 2006/2007. Due to a significant economic downturn, the build out of these parcels was not completed. Based on current market conditions, the product types originally anticipated for these neighborhoods are no longer economically viable. The Applicant is proposing detached single-family homes on lots that are smaller in size (R-7A and R-9A neighborhoods) and higher density within the multi-family (R-28 and R-29 neighborhoods) than those originally proposed to realign these neighborhoods with current marketplace conditions. PROPOSED AMENDMENTS: The following is a brief summary of the proposed amendments to the Otay Ranch GDP and Village 2 SPA Plan. The unit increases are depicted on Page 2 of the proposed GDP and SPA Plan amendments booklet entitled "Village 2 General Development Plan and Sectional Planning Area Plan Amendments" (See Attachment 9). 8-4 Item No.• Meeting Date: 04-03-12 Page 5 of 15 Otay Ranch GDP Amend applicable t ext, tables, and exhibits tc> reflect changes in single-family and multi-family housing distributions and implement the proposed housing products in R-7A, R-9A, R-28 and R- 29. Amend the R-7A and R-9A neighborhoods from the Residential Low-Medium Village ("LMV") land use designation to the Residential Medium ("M") land use designation. Village 2 SPA Plan: a. Amend applicable t ext, tables, and exhibits to reflect changes in single-family and multi- family housing distributions and implement the proposed housing products in R-7A, R-9A, R-28 and R-29 b. Rezone R-7A neighborhood from SF3 zone to RM1 (multi-family) c. Rezone R-9A neighborhood from SF4 to RM1 d. Amend R-7 neighborhood designation to R-7A e. Rezone R-28 neighborhood from RM1 to RM2 ANALYSIS 1. Otay Ranch GDP The Chula Vista General Plan and the Otay Ranch GDP provide the vision and direction for the planning of the Village 2 SPA Plan. The proposed project includes a GDP amendment to increase the total number of units authorized within Village 2 from 2,786 to 2,983 and reclassify the R-7A and R-9A neighborhoods from the "LMV" GDP land use designation to the "M" GDP land use designation. The Otay Ranch GDP envisioned Village 2 as an "Urban Village. " According to the Otay Ranch GDP, 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 Zand uses which are compatible with the surroundings. Objective: Provide awell-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 8-5 Item No.• Meeting Date: 04-03-12 Page 6 of 15 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 Village 2 SPA Plan Site Utilization Plan supports these Otay Ranch GDP goals and objectives by providing a range of housing and employment opportunities. The plan adheres to the Otay Ranch GDP specific directives for Village 2 that creates a village core (composed of commercial, community purpose facilities, elementary school, high school, neighborhood parks, town square, and residential land uses) and residential neighborhoods that offer a variety of housing styles and densities. The proposed unit increase furthers the Otay Ranch GDP policy objectives for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to `provide a wide range of residential housing opportunities... which promotes a blend of multi family and single family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed small lot single-family (four-unit) detached product provides a housing type that was not previously provided within the Village 2 SPA, and is consistent with the Otay Ranch GDP Objectives listed above, and integrate the land use pattern further discussed below. 2. Otay Ranch Village 2 SPA Plan Amendment R-7A and R-9A are currently approved with densities of of 4.7 du/ac (R-7A) and 7.9 du/ac (R- 9A). The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A provides additional alley-loaded homes. Both the alley-loaded and auto-court patterns of development enhance pedestrian activity and neighborhood aesthetics by removing garages and driveways from street view. As proposed, the densities of 8.7 du/ac (R-7A) and 9.4 du/ac (R-9A) would comply with GDP policies promoting more dense neighborhoods as development nears Village Core areas. R-7A and R-9A are within walking distance of the Village Core, including the elementary school site. The product type at these higher densities also achieves the GDP policy for providing a range of housing types. The proposed addition of 148 units within Neig hborhoods R-28 and R-29 increases the density in the Village Core, which enhances the viability of the future planned commercial component of the Village 2 Land Plan. As currently approved, the densities of 8.9 du/ac (R-28) and 15.1 du/ac (R-29) are at the lower end of desired densities in a Village Core area. The proposed project would increase the density in R-28 to 26.0 du/ac and R-29 to 25.1 du/ac, consistent with Otay Ranch GDP transit-oriented village policies. This compact design and increase in density necessitates the evaluation of urban design criteria, circulation, public facilities, water conservation, air quality and other components of the Village 2 SPA Plan to ensure that these 197 units are integrated into the surrounding residential, mixed- use and public-quasi pub lic uses. This evaluation is further des cribed below. 8-6 Item No.• g Meeting Date: 04-03-12 Page 7 of 15 Land Use: The proposed organization of land uses within the Village 2 SPA Plan area meets the objectives of integration and compatibility of land uses within villages and with adjacent communities. Adjacent land uses include existing and planned residential surrounding the Village 2 SPA Amendment project area. A 1.2-acre private recreation facility is within easy walking distance of residents and provides a recreational focal point for the R-7A and R-9A neighborhoods. The land uses within Village 2 transition from the village core mixed use and higher density residential uses to lower density residential uses along the village perimeters, especially adjacent to the open space preserve areas along Wolf Canyon (see Exhibit 9 of SPA -Village 2 SPA Plan Tab, Attachment 6). The 49 additional small lot products within the R-7A and R-9A neighborhoods provide the required 750 square feet of private open space per lot. Due to proximity to the 1.2 acres of the private recreational facility (CPF-1) and other common open space facilities within walking distance to these neighborhoods, no additional common open space was required. The proposed 197 unit increase would necessitate an additional 0.9 acres of land designated Community Public Facilities (CPF). The Applicant proposes to record a deed restriction on 0.9 acres of the Village 7, R-3 neighborhood. This site is located adjacent to the Village 2 core, within Village 7. In addifion to the deed restriction, the Applicant will enter into an Agreement with the City to provide the required CPF obligation to the satisfaction of the Director of Development Services. However, the increase would not result in any significant land use, planning, or zoning impacts. Though the addition of 197 units would increase the density of the four neighborhoods, such an increase would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists, and transit, and would further minimize urban sprawl development patterns. The proposed project increases the density within the Village Core by adding 148 units in R-28 and R-29, and increases the density of neighborhoods adjacent to the Village Core by adding 49 units in R-7A and R-9A. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses within Village 2 more viable. The proposed unit increase requires amendments to the Village 2 Design Plan and PC District Regulations, Public Facilities Financing Plan, Water Conservation Plan, Air Quality Improvement Plan and Affordable Housing Plan as further described below. Village 2 PC District Regulations Amendments The PC District Regulations function as the zoning regulations for Village 2. The proposed project includes minor revisions to the P C District Regulations, including r evisions to the Village of Montecito Zoning District Map to reflect the zoning modifications in Neighborhoods R-7A, R-9A (SF4 to RM1) and R-28 (RM1 to RM2) as described on p age 4 of this report. Village 2 Design Plan The Village 2 Design Plan sets forth design parameters that pertain to site planning, landscape architecture, architecture and signage for all developments within Village 2. The Design Plan contains illustrations and guidelines to implement the design concepts presented therein. The 8-7 Item No.• g Meeting Date: 04-03-12 Page 8 of 15 predominant design theme for Village 2 is Santa Bazbara/Spanish architecture. The Design Plan consists of vazious single and multi-family conceptual lotting and spatial orientation illustrations. The proposed project introduces four-unit detached single-family homes clustered around a central auto court. These detached single-family products complement the existing small lot developments served by alleys within Village 2, as they provide individual private yards and various architectural styles including high-quality craftsmanship and materials. The proposed clustered single-family detached lotting allows for individual lot ownership at a price range that is more affordable for a wider market of buyers and provides options for single- family housing types. Village 2 SPA Plan -Supplemental Public Facilities Finance Plan (PFFP) The Village 2 SPA Plan Amendment Supplemental PFFP (Supplemental PFFP) has been prepared as a supplemental document to the Villages Two, Three and Portion of Village Four PFFP (Village 2 PFFP) dated February 28, 2006 for the Village 2 SPA Plan. The Supplemental PFFP analyzes the proposed 197-unitllot increase, 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. The public facilities needed to serve the proposed project will be guaranteed by placing conditions of approval on the Tentative Map, requiring payment of fees at the building permit stage, and/or continuing participation in the approved Community Facilities Districts to finance or maintain certain public facilities. The Supplemental PFFP included an analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, air quality and fiscal impacts of the project, as described below: Transportation In conjunction with the proposed Village 2 SPA Amendment project, aproject-specific Traffic Impact Study was prepared by Fehr and Peers (2011) to evaluate the potential traffic impacts associated with the 197 unit increase. The traffic analysis for the proposed project analyzed the changes in trip distribution, traffic volumes, LOS levels, regional systems, cumulative projects and traffic related impacts upon the circulation system and roadways. As indicated in the Traffic Impact Study, the proposed project would result in an increase of 1,674 daily trips. The Traffic Impact Study concludes the addition of 197 new units would result in no new significant impacts; however, it would contribute to a cumulative impact at the all-way stop controlled intersection of Santa Victoria Road/Santa Venetia Street. Signalization of this intersection would fully mitigate this impact. The applicant wi 11 construct the signal at this intersection. The timing for installation of required public improvements and financing mechanisms are discussed in the Village 2 PFFP and the Supplemental PFFP (see SPA Plan -PFFP Tab, Attachment 9). Street improvements required to serve the project are identified in the Village 2 PFFP and the Village 2 SPA Amendment Supplemental PFFP. 8-8 Item No.: g Meeting Date: 04-03-12 Page 9 of 15 The 197 unit increase would make the overall Village 2 design more supportive of transit by increasing densities in areas close to transit stops. The Applicant will be responsible for funding its fair share of the Village 2 transit stop on State Street. Drainage The project area is located in the southwestern portion of the San Diego Basin. The San Diego Basin has been divided into 11 hydrographic units and 54 hydrographic subunits, which are based primarily on surface water drainage basins (RWQCB 1975). The proposed SPA Plan area is located within the Ota y Hydrographic Subunit of the Otay Hydrographic Unit. Surface water in the Otay Hydrographic Subunit downstream from Otay Lakes is ephemera) (temporary) and generally found in man-made ponds. According to the Otay Ranch GDP Program EIR, the RWQCB rates the surface water in the subunit as having beneficial uses for agriculture, non-contact recreational sport, wildlife, rare and endangered species, and potential beneficial uses for industry. The natural drainage basin for the SPA Plan vicinity is a combination of three sub basins that drain directly into Poggi Canyon to the north, Wolf Canyon to the south of Village Two, and from the Otay Valley Road watershed, which drains into unnamed tributaries of the Otay River. Drainage from the northern portion of the Village Two area of the SPA Plan converges into Poggi Canyon, while the southern portion of the Village Two and the northern portion of Village Four property drain to Wolf Canyon Creek. The project will be conditioned to provide for the conveyance of storm water flows in accordance with City standards, policies and requirements. The Developer will design, install and maintain on-site erosion protection. All permanent or temporary erosion control will be designed to City standards and to the satisfaction of the City Engineer. Further, the project shall comply with all federal, state and local storm water runoff and discharge regulations. A project-level water quality technical report was completed for the proposed project. The water quality technical report outlines three options for achieving the water quality treatment and hydro-modification requirements of the C ity of Chula Vista. These three options are: Option 1 -Water Quality Treatment and Hydro-modification will be achieved within Neighborhoods R-7A and R-9A with pavers in courtyards/driveways underlain with adequate bio-retention storage for water quality and hydro-modification. Option 2 -Water Quality Treatment and Hydro-modification will be achieved by upsizing the approved regional storm-filter to account for re-entitled areas (R-7A and R-9A) owned by the project applicant, and by constructing a regional underground detention vault for hydro-modification. Option 3 -Water Quality Treatment and Hydro-modification will be achieved by upsizing the approved regional Storm-filter to account for all re-entitled areas (R-7A and R-9A) within Village Two, and by constructing a regional underground detention vault for hydro- modification. 8-9 Item No.• g Meeting Date: 04-03-12 Page 10 of 15 The proposed project would continue to comply with all applicable roles and regulations, including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented with respect to municipal and constmction permits. Compliance with all applicable roles and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the measures outlined in the water quality technical report (Hunsaker and Associates 2011a,b) would ensure no addition al impacts to water quality. Water Otay Water District (OWD) will provide water service for the Otay Ranch Village 2 SPA Amendment project. OWD has facilities in the vicinity of the project that can provide water service. Aproject-specific analysis has been conducted to evaluate the project's potential water impacts. The water analysis for the proposed project analyzes changes in unit demand factor and total average demand between existing (approved) and proposed conditions . OWD uses a factor of 500 gpd/unit to estimate water demands for single-family developments with densities between 3.0 and 8.0 DU/AC. For densities greater than 8.0 DU/AC, a factor of 300 gpd/unit is used. Under existing land use conditions, R-7A and R-9A are within the 3.0 to 8.0 DU/AC category and R-28 and R-29 aze greater than 8.0 DU/AC. The proposed unit increase will increase the densities of neighborhoods R-7A and R-9A to above 8.0 DU/AC; however, to be conservative, the supplemental water analysis (Wilson Engineers, 2011) analyzes these neighborhoods at the higher water usage factor. As indicated in the water analysis, the proposed unit increase will have the net effect of increasing average project water demands by approximately 10,500 gpd. The fire flow is 1,500 gallons per minute (gpm), for a duration of 2 hours, which meets the City's requirements. OWD provided a letter indicating that it has the ability to serve this additional demand without any facility upgrades. The water system recommendations from the May 2006 Subarea Master Plan for Village 2 are unchanged as a result of the proposed p roject. Recycled water infrastructure is identified within the OWD Capital Improvement Program to serve Village 2, including certain infrastructure already in place within Olympic Parkway. Recycled water facilities for the Project will be constructed based on the approved Subarea Water Master Plan (SAMP). Sewer The City of Chula Vista uses a factor of 265 gpd/unit to project sewer demands for single family detached residential units and 199 gpd/unit for multi-family units. As presented in the sewer analysis (Wilson Engineering, 201]), the proposed unit increase will have the net effect of increasing average flows of 42,400 gpd (160.1 EDUs) to the Poggi Basin. Onsite Sewer: Within the Poggi Canyon Basin, sewer is conveyed to the Poggi Canyon Interceptor at Heritage Road and Santa Venetia Street. The backbone sewer lines serving these areas have already been installed. Although the proposed unit increase within the Poggi Basin is relatively small, the impacts on the onsite sewer system were analyzed. As shown in the sewer analysis, all sewer 8-10 Item No.: g Meeting Date: 04-03-12 Page 11 of 15 lines will flow at a depth to diameter (d/D) of less than 0.50 or less with the proposed unit increase. This flow rate of less than 0.50 meets the City's standards as stipulated in the Chula Vista Subdivision Manual. Offsite Sewer/Poggi Canyon Interceptor: The available capacity in the Poggi Canyon Interceptor was evaluated with the additional 160.1 EDUs that are proposed to be added to the Poggi Basin. Data on the Poggi Canyon Interceptor was obtained from the April 2009 Poggi Canyon Basin Gravity Sewer Development Impact Fee Update prepared by PMC (PMC study). Data from this report includes existing permitted EDUs in the basin as well as co mmitted EDUs based on previous project app royals. The sewer analysis summarizes the impact that the proposed unit increase has on permitted and committed remaining capacity. Only the two reaches already identified for future replacement are shown as being over capacity in the PMC study. The proposed unit transfer does not require additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Fire Development of the proposed Project is not anticipated to change the need for fire service in the area. The existing Fire Station No. 7, located at 1640 Santa Venetia within the Village 2, would be the primary station to serve the project. Schools Based on Chula Vista Elementary School District (CVESD) Student Generation Factors, it is anticipated the proposed 197-unit increase would result in 64 additional elementary school students. An elementary school has been planned within the Village 2 core to serve the build-out population of approximately 875 students. The central location provides students living in the project area the option of walking to school. A School Mitigation Agreement was completed between C VESD and Otay Project L.P. in November 2005. The CVESD plans elementary schools to accommodate between 750 and 1,000 students; therefore, the addition of 64 students would not result in inadequate Village 2 school facility. To this end, the C VESD has provided a letter stating it can accommodate the new students generated by the proposed project. The CVESD will determine where students will be housed on an interim basis should the construction of the Village 2 school not be completed by the time the Project becomes occupied. It is anticipated that approximately 17 middle school students generated by the Village 2 SPA Amendment project. Middle school students will be served by existing Sweetwater Union High School District (SUHSD) middle school facilities; including Rancho del Rey Middle School, and Eastlake Middle School, until a 7-12 grade school is constructed in Otay Ranch Village Eleven. It is anticipated that approximately 42 high school students will be generated from the Village 2 SPA Amendment project. Village 2 is within the attendance boundary of Olympian High School, located to the east in Vill age Seven. 8-11 Item No.• g Meeting Date: 04-03-12 Page 12 of 15 The project site is within the boundaries of established Communities Facilities Districts (CFOs) for both the CVESD (CVESD CFD 17) and the SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in established C VESD and SUHSD CFOs. Parks Three public parks are planned within Village 2. P-1 is a 1.4-acre town square park in the western portion of the Village. P-2 is a 7.1-acre neighborhood park in the center of the village, adjacent to the elementary school. P-3 is a 6.9-acre park in the eastern portion of the Village. The neighborhoods subject to this SPA Plan Amendment are within walking distance of each of these three public parks. An approximately 44-acre community park (P-4) site is located in the northern portion of Village Four, adjacent to Village Two. In addition, the village is served by Heritage Park, located in Village 1 approximately '/z mile north of Village 2; the Veterans Community Center park, located in Sunbow approximately 1 '/z miles west of Village 2; and the Chula Vista Community park between SR-125 and Eastlake Parkway, south of Otay Lakes Road, approximately 2 miles northeast of the project. When the Village 2 S PA Plan and Tentative M ap was approved in May 2006, all park, open space and trail requirements were deemed complete and satisfied. As part of the first "A" map for the Village, the Applicant provided an Irrevocable Offer of Dedication for the abovementioned parks (P-1, P-2, -3 and the P-4 Community Park in Village 4) and received "credit" against future park obligations. The project generates a demand for an additional 1.68 acres of park land. This obligation will be met through the dedication of parkland, payment of park fees, or a combination of existing credits, land dedication and fees. The project applicant must comply with the City Municipal Code, Chapter 17.10, Parklands and Public Facilities, relative to park land acquisition and development. Fiscal The Fiscal Impact Analysis (FIA) component of the PFFP analyzed the fiscal impact that the project would have on City operation and maintenance budgets, based on anticipated revenues and expenditures. The FIA for the approved 2006 Village 2 SPA Plan determined (in 2004 dollars) the Project would be fiscally negative for the first nine years then would be positive after that time. At build out (estimated 13 years) the Project would be positive in the amount of approximately $355,000. Due to different economic conditions between the original SPA Plan approval in 2006 and today, the applicant was required to conduct a supplemental FIA for the proposed 197-unit increase. The FIA analyzed two scenarios utilizing current expenditure and revenue factors for the City. The first scenario analyzed the overall approved SPA Plan, and the second scenario analyzed the proposed 197-unit increase in relation to scenario 1 to determine the fiscal impact to the City. The supplemental F1A determined that revenues generated by both the approved SPA Plan and proposed project exceed expenses. Both the approved SPA Plan and the proposed project, however, result in a negative fiscal impact to the City for the first five yeazs. At the new build out (year ten), both scenarios result in a projected net positive fiscal impact to the City. However, the currently approved SPA Plan would be positive in the amount of $523,000, and the proposed project will have a lesser net positive fiscal impact in amount of $452,000. 8-12 Item No.• g Meeting Date: 04-03-12 Page 13 of 15 Village 2 SPA Plan - Water Conservation Plan The City's Growth Management Ordinance requires the preparation of a Water Conservation Plan (WCP) for all major projects in accordance with the City's Water Conservation Plan Guidelines. The water conservation measures incorporated into the proposed project as required by the City's WCP Guidelines include hot water pipe insulation, pressure reducing valves, water- efficient dishwashers, dual flush toilets as well as water-efficient landscaping and the use of evapotranspiration controllers. The Project WCP demonstrates the value of incorporating water conservation measures in buildings and irrigation systems for residential development. The implementation of these m eaaures will contribute to preserving a valuable natural resource. The Project is also subject to the City's Model Landscape Ordinance, which is a condition of approval for the Tentative Map. Village 2 SPA Plan -Air Quality Improvem ent Plan An Air Quality Improvement Plan (AQIP) was prepared for the Village 2 SPA Plan and composite TM project area in accordance with the City's Growth Management Ordinance and the Growth Management Program. Subsequent to the adoption of the Village 2 SPA Plan, the City updated the municipal code relative to energy efficiency. As such, the proposed project is now required to comply with the Green Building and Energy Efficiency Ordinances, CVMC 15.12 and 15.26.030 respectively, which require implementation of sustainable design features and improving building energy conservation 15% above 2008 State Energy Code requirements. Impacts of the proposed 197-unit increase to air quality are addressed in the Village 2 SPA Plan Amendment Air Quality Technical Report (Dudek, 2011).The Air Quality Report evaluated the potential for adverse impacts to the ambient air quality due to operational emissions resulting from the proposed project. The proposed project would not result in any significant long-term (operational) impacts to air quality, as new mobile and stationary sources following the completion ofconstructi on activities would rem ain well below the significance thresholds. Construction-related activities would result in a temporary addition of pollutants to the local air- shed caused by soil disturbance, fugitive dust emissions, and combustion pollutants from on-site construction equipment, as well as from off-site trucks hauling construction materials. The Air Quality Report analysis concludes that the daily construction emissions would not exceed the significance thresholds for criteria pollutants. Affordable Housing Plan The Chula Vista General Plan Housing Element contains objectives, policies, and action programs to accomplish affordable housing objectives. Key among these is the affordable housing policy which requires that residential development with fifty 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 (S% of the total project) being designated to low income, and the other half (S%) to moderate income households. 8-13 Item No.: nb Meeting Date: 04-03-12 Page 14 of 15 Due to ownership fragmentation within Village 2, a Village-wide Affordable Housing Agreement was prepared and signed by all properly owners, stating that each would be responsible for the provision of affordable housing units for their developments. Otay Ranch New Homes has an existing Village 2 obligation which requires the provision of 27 affordable housing units, including 13 for low income. The 197-unit proposed increase results in the requirement for an additional 20 affordable units, including 10 for low income. Construction of 23 affordable low income units are to be commenced at the 50% building permit issuance for all units owned by Otay Ranch New Homes. 3. Tentative Subdivision Map (PCS 11-1) 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 Map has been designed to comply with the lot design criteria of the Subdivision Manual. The proposed Tentative Map 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 is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. The new Tentative Map is associated with the proposed 85 units in R-7A and R-9A and reflects the lotting design for the two neighborhoods. The analysis presented in the Supplemental PFFP discussion, which addresses transportation, drainage, water, sewer, fire, schools, air quality and parks on pages 7-12 of this staff report are also applicable to the proposed Tentative Map and, therefore, will not be repeated. 1. PCS 11-01: Proposes to subdivide approximately 12.0 acres into eighty-five (85) residential lots within the R-7A and R-9A Neighborhoods within Neighborhoods R-7A and R-9A. Project Access: Access to the project area is provided from Santa Victoria Road, Santa Christina Road and Carpentaria Avenue. These streets will conform to the guidelines set forth in the Village 2 SPA Plan and to applicable C ity of Chula Vista street design guidelines. Subdivision Desig n: The subdivision design consists of 85 residential lots. The lots will be single-family and range from 3,111 sf to 5,976 sf in size. The homeowners' association, required as part of the Tentative Subdivision Map, will be responsible for the maintenance of the private driveway, landscaping, and on-site facilities. Grading: In conjunction with approval of the original Village 2 Tentative Map (CVT 06-OS) and in conformance with the City of Chula Vista's General Plan and the Otay Ranch GDP, grading guidelines were established in the Village 2 SPA Plan. These guidelines identify mesas, hilltops, and gently rolling topography as the best conditions for development, with steeply sloped hills and valleys serving as resources linking regional amenities and natural features. 8-14 Item No.• Q` Meeting Date: 04-03-12 Page 15 of 15 After the original Village 2 Tentative Map approval, a grading permit was issued for Village 2 North. The proposed tentative map implements a grading approach consistent with that established for the original Tentative Map (CVT 06-OS), and substantially similaz to the grading permit which was previously issued for the Village 2 North area. The site is currently in a graded pad condition. Changes to the existing grading plan include minor adjustments in pad heights, alignments to minimize the need for retaining walls or further on-site grading. The grading footprint will remain the same as the originally approved plan. Grading will conform to the City of Chula Vista gradin g ordinance. CONCLUSION For the reasons mentioned above, staff recommends approval of the attached Resolution and Ordinance for PCM 10-29/30, and Resolution for PCS 11-01, subject to the conditions listed in the attached C ity Counci] Resolutions and Ordinance. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries o f the property that is subject to this action. FISCAL IMPACT Current Year: The processing costs for the GDP and SPA Plan amendments, Tentative M aps and all supporting documents were funded by a developer deposit account. Ongoin¢ Fiscal Imnact The proposed project results in an increase of 197 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 at year ]0, the annual fiscal impact to the City would be approximately $452,000 net positive. Attachments: 1. Locator Map 2. Planning Commission Resolution 3. Mitigated Negative Declaration (IS-10-009) 4. Disclosure Statement 5. Tentative Map (PCS/CVT 11-01) 6. Village 2 GDP/SPA Plan Amendments booklet Prepared by: Stan Donn, Senior Planner, Development Services Department J:V'lanning\StanDWdvance Planning Division\Dtay Ranch Village 2VPBU2eports & Resos\CC\CC Agenda Statement 43-2012.doc 8-15 ATTACHMENT 1 Locator Map 8-16 8-17 ATTACHMENT 2 Planning Commission Resolution a-ia RESOLUTION NO. PCM-10-29/30, PCS-11-O1 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1) CONSIDER THE MITIGATED NEGATIVE DECLARATION (IS 10- 009); 2) APPROVE AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, OTAY RANCH VILLAGE TWO PLANNED COMMUNITY DISTRICT REGULATIONS, LAND USE DISTRICTS MAP AND ASSOCIATED REGULATORY DOCUMENTS; AND 3) APPROVE TENTATIVE MAP PCS-11-O1 FOR OTAY RANCH VILLAGE TWO NEIGHBORHOODS R-7A AND R-9A LOCATED SOUTH OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD. WHEREAS, on November 22, 2010, a duly verified application was filed with the City of Chula Vista Development Services Department by Otay Ranch New Homes, LLC ("Applicant, Owner, and Developer") requesting approval of amendments to the Otay Ranch GDP (PCM 10-29), Otay Ranch Villages Two, Three and a Portion of Village Four SPA Plan (Village 2 SPA Plan), Planned Community District Regulations and associated regulatory documents (PCM 10-30), and a new Tentative Map involving approximately 12 acres of Village 2 located south of Olympic Parkway and west of La Media Road ("Project") and more specifically described below; and WHEREAS, an application for a Tentative Subdivision Map (PCS 11-01) requests approval of eighty-five (85) lots within Otay Ranch Village 2 Neighborhoods R- 7A and R-9A; and WHEREAS, the area of land that is the subject of this Resolution aze existing pazcels located in the northern (Neighborhoods R-7A and R-9A) and central (Neighborhoods R-28 and R-29) portions of Otay Ranch Village 2 ("Project Site"); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepazed a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program; and WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration (IS 10-009) and associated Mitigation and Reporting Program has been 8-19 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 2 prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the heazing; and, WHEREAS, the heazing was held at the time and place as advertised, namely 6:00 p.m, Mazch 14, 2012, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW THEREFORE, THE CHULA VISTA PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS: L SPA FINDINGS THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The current General Plan land use designation for Neighborhoods R-7 and R- 9 is Low Medium Density Residential (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7 and R-9 is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9) consistent with the GDP land use designation. Neighborhoods R-28 and R-29 aze in the Village Core. The current General Plan land use designation for the Village 2 core area is Mixed Use Residential. The proposed project is consistent with this land use designation. The current Otay Ranch GDP land use designation for the Village 2 core area is Medium- High Density (11 to 18 DU/AC). The proposed increase of 148 units in R-28 and R-29 increases the density on the individual neighborhoods to 26.0 du/ac and 25.1 du/ac respectively. However, the average residential density within the Village 2 Core area is increased to 13.4 DU/AC, consistent with the GDP land use designation. 8-20 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 3 THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Village 2 SPA Plan rely on a combination of the previously prepazed and approved Villages Two, Three and Portion of Village Four Public Facilities Financing Plan (Village 2 PFFP) and the newly prepared Village 2 SPA Amendment Supplemental PFFP (Supplemental PFFP) to outline infrastructure required to serve the previously approved 2,786 unit project and the 197 proposed units, along with the timing of installation and the financing mechanisms to promote the sequential development of the project. The requested increase of 197 units will not adversely affect the timeframes outlined in the Village 2 PFFP; rather, the Supplemental PFFP has identified new triggers for providing specified public facilities to serve the additional units. Development of the 197 units will occur in an orderly, sequential manner outlined in both the Village 2 PFFP and Supplemental PFFP, as part of the overall development of Otay Ranch Village 2. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed modifications to land use and development standazd provisions within the Project Site have been fully analyzed and will not adversely affect the circulation system and overall land uses as previously envisioned in the Otay Ranch GDP and Village 2 SPA Plan. The increase of 197 units involving 27.6 acres would occur within the existing boundaries of Village 2. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed 197-unit increase, as described in the Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Mitigated Negative Declazation (IS-10-009) has been prepazed and the Development Services Director has determined that the proposed amendments will not result in any new, unmitigated impacts; and thus, the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. IL TENTATIVE MAP FINDINGS TENTATIVE SUBDIVISION MAP, AS CONDITIONED HEREIN, IS IN CONFORMANCE WITH THE ELEMENTS OF THE CITY'S GENERAL PLAN, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66473.5, BASED ON THE FOLLOWING: 8-21 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 4 1. Land Use and Transportation PCS-11-O1: The current General Plan land use designation for Neighborhoods R- 7 and R-9 is Low Medium Density Residential (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7A and R-9A is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9), consistent with the GDP land use designation. The existing implementing zone in the Village 2 Planned Community District Regulations is RMl Multi-Family Residential. The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A implements analley-loaded product. Both the alley-loaded and auto-court patterns of development enhance pedestrian activity by removing gazages and driveways from street view. Single-family lots will range from 3,111 sq. ft. to 5,976 sq. ft. in size. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities...which promotes a blend of multi- family and single family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Develonment The proposed project results in an increase 49 new single-family small lot homes in a more compact format within walking distance of the village core. The four- unit compact court homes and alley-loaded homes support economic policies regarding the pursuit and provision of a wider range of housing options and 8-22 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 5 pricing for potential home-buyers in the current housing market: By adding 49 units, increased patronage to the neazby commercial and public/quasi-public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allows the development of detached small lot single-family homes on separate, fee-simple lots. The four-unit cluster design, around a central auto court, provides a housing type specifically designed to align with today's marketplace and economic conditions. The Project provides homebuyers the opportunity to purchase detached, single-family homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi- public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid-sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 197 new units, including the 49 new single family units, for public services and facilities, and the phasing needs created by the Project. A project-level water quality technical report was completed for the proposed project. The water quality technical report outlines three options for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. One of the three options would be implemented and approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations 8-23 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 6 governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 10,500 gallons per day (gpd) which represents less than a 1% increase village-wide. As such, the water system recommendations from the May 2006 Subarea Master Plan for Village 2 remain unchanged as a result of the proposed project. The proposed project adds 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Poggi Basin, which results in an increase of approximately 42,400 gpd (160.1 EDU) to the Poggi Basin. Adding 160.1 EDU will not exceed the units foreseen in the 2009 Poggi DIF Update. The Applicant is required to monitor two reaches of the Poggi Canyon Interceptor which have already been identified for future replacement as required by the Supplemental PFFP. However, the proposed project would not require additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the additional units. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Mitigated Negative Declaration (IS-10- 009) has been prepared for the project in order to address the proposed addition of 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Village 2 SPA Plan. No additional, unrnitigable significant impacts beyond those previously analyzed in the FEIR, or substantial increases in any identified significant impacts are anticipated. Therefore, the Mitigated Negative Declaration (IS-10-009) and the Mitigation Monitoring Program ensure all environmental impacts will be mitigated to a level less than significant. 5. Growth Management The proposed project would result in 197 additional dwelling units (inclusive of the subject 49 units associated with this Tentative Map) in Village 2. A Supplemental PFFP has been prepared which analyzes 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. A project-specific traffic study, the Village 2 SPA Amendment Traffic Impact Study, analyzes the impact of 197 additional units (inclusive of the subject 49 8-24 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 7 units associated with this Tentative Map) in Village 2. The traffic study concludes the surrounding street segments and intersections as planned or built, including Olympic Pazkway and Santa Victoria Road, will continue to operate/serve at an acceptable Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic; however, the project would contribute to a cumulative impact at the all-way stop controlled intersection of Santa Victoria Road/Santa Venetia Street. Signalization of this intersection would fully mitigate this impact. The Project site is within the boundazies of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 197-unit increase would result in roughly 64 additional elementary school students. An elementary school is planned within the Village 2 core to serve the build-out population. It was anticipated the entire Village 2 project would generate approximately 875 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the addition of 64 students would not result in inadequate school facilities. Further, the District has provided a letter stating it can accommodate the new students generated by the proposed project. The CVESD will determine which elementazy school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 17 middle school and 42 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Oven Syace and Conservation The proposed single project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 1.68 acres of park land. This obligation will be met through the Applicant's existing pazk "credits," the dedication of parkland, payment park fees, or a combination of park credits, land dedication and fees. As part of the Villages 2 SPA Plan, 101.5 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 386.1 acres of on-site open space. The proposed project would increase the population by 632 residents, increasing the open space demand by 7.56 acres. When added to the total from the existing Villages 2 SPA Plan demand, this totals 109.06 acres of open space. The 386.1 acres provided by the 8-25 Planning Commission Resolution PCM 10-29/30, PCS 11-01 Page 8 Villages 2 Site Utilization Plan exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Therefore, the project generates a requirement to convey 32.8 acres of Preserve land to the Otay Ranch Preserve Owner/Manager (27.6 acres of development x 1.188 = 32.8 acres). The Applicant has an existing conveyance "credit" of over 200-acres which were previously dedicated to the Otay Ranch Preserve .Owner/Manager which will be used to satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City Council Resolutions and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolutions and Ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14~' day of March, 2012, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by: Gary Halbert, P.E., AICP Assistant City Manager/ Development Services Director Michael Spethman, Chairperson Approved as to form by: Glen R. Googins City Attorney 8-26 ATTACHMENT 3 Mitigated Negative Declaration (IS-10-009) a-2~ Mitigated Negative Declaration PROJECT NAME: Otay Ranch Village Two SPA Plan Amendment PROJECT LOCATION: Otay Ranch Village Two Neighborhoods R-7A, R-9A, R-28 and R-29 ASSESSOR'S PARCEL NO: 644-311-01, 13, 15, 16, and 19 644-310-10 PROJECT APPLICANT: Otay Ranch New Homes, LLC 1392 East Palomar Street, Suite 202 Chula Vista, CA 91913 CASE NO.: 10-009 DATE OF DRAFT DOCUMENT: January 18, 2012 DATE OF FINAL DOCUMENT: March 14, 2012 California Environmental Ouality Act Compliance: This document serves as the Mitigated Negative Declazation (MND) for the proposed Otay Ranch Village Two SPA Plan Amendment Project (proposed project) located within the City of Chula Vista (City). The City is the lead agency responsible for the review and approval of the proposed project. The City has made the determination that a Mitigated Negative Declaration (MND) is the appropriate environmental document to be prepazed in compliance with the California Environmental Quality Act (CEQA). As provided for by CEQA Section 21064.5, an MND maybe prepared for a project subj ect to CEQA when an Initial Study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or ageed to by, the Applicant before the proposed Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (2) there is no substantial evidence ¢i light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. This Final MND has been prepazed in conformance with Section 15070(a) of the State of California CEQA Guidelines. The purpose of the MND and the Initial Study ChecklisUEnvironmental Evaluation is to determine any potentially significant impacts associated with the proposed project and incorporate mitigation measures into the project design as necessary to reduce or eliminate the potentially significant effects of the project. A. Proiect Location The proposed project site is located within Otay Ranch Village Two in the City of Chula Vista, Califomia (Figures 1 and 2). The site is located southwest of Otay Ranch High School, south of Olympic Parkway and west of La Media Road, in an area designated as Village Two in the Otay Ranch General Development Plan (GDP). The project site consists of the R-7A, R-9A, R-28, and R-29 neighborhoods within Vfllage Two (Figure 3). 8-28 B. ProiectDescriotion The proposed project includes amendments to the Otay Ranch GDP and the Otay Ranch Village Two, Three and a portion of Four Sectional Planning Area Plan (Village Two SPA Plan). The proposed project also includes one tentative map. The Village Two neighborhoods subject to this proposal were graded in 2006. However, due to the ongoing negative housing market conditions and homebuyer financing challenges, the product types anticipated in the original Village Two approvals are no longer economically feasible. To jump start development in Village Two, the project applicant is proposing smaller, detached homes on small lots within neighborhoods R-7A and R-9A. The proposal also includes increasing densities within two neighborhoods (R-28 and R-29) to construct higher density multi- family neighborhoods within the village core. In some instances, densities are restored to approximately the same density originally approved as part of the Village Two Tentative Map (TM) and subsequently reallocated within Village Two through Substantial Conformance approvals. In other neighborhoods, higher densities aze proposed to meet current and anticipated future market demand. The project applicant continues to implement the original vision for Otay Ranch Village Two through consistency with the "Santa Barbaza" azchitectural theme and landscape theme. Otay Ranch Village Two is atransit-oriented village with higher densities planned within the linear village core located between La Media Road and Heritage Road. The applicant is proposing density increases within or adjacent to the Village Two core azea consistent with GDP policies. This project includes the following components: 1. Amend the Otay Ranch GDP, the Village Two SPA Plan to authorize a total of 2,983 residential units (878 single-fannly and 2,105 multi-family units), resulting in a net increase of 197 residential units. 2. Amend the SPA Plan as follows: a. Increase the authorized units within R-7A from 44 to 82 single family units. Rezone the R-7A neighborhood from SF-3 to RM-1. This amendment results in a net increase of 38 units. b. Increase the authorized units within R-9A from 56 to 67 single family units. Rezone the R-9A neighborhood from SF-4 to RM-l. This amendment results in a net increase of 11 units. a Increase the authorized units within neighborhood R-28 from 46 to 135 multi- family units, resulting in a net increase of 89 units. d. Increase the authorized units with neighborhood R-29 from 89 to 148 multi- family units, resulting in a net increase of 59 units. 3. Amend the Planned Community District Regulations as necessary to implement the multi-family detached product types within R-7A and R-9A. 8-29 4. One Tentative Map for neighborhoods R-7A and R-9A Tentative Map containing 83 residential lots (and an optional lotting scheme containing 85 -lots) and associated infrastmcture is also proposed. Table 1 below includes a summary of the proposed land use changes from what is currently approved for the project site. Table 1 Pillage Two SPA Plan EIR (2006) The Final Second Tier Environmental Impact Report, Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area (SPA) Plan, hereafter referred to as the "SPA Plan EIR," contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the SPA Plan in the City of Chula Vista. The Plan was developed to refine and implement the land use plans, goals and objectives of the Otay Ranch GDP for the development of Villages Two, Three, and a portion of Village Four. The original proposed SPA Plan is comprised of the following land use components: 2,786 dwelling units (986 single-family and 1,800 multi-family units) on approximately 335.1 acres and three industrial azeas on 87.9 acres within Village Two, a 176.5-acre business park within Village Three and a44.2-acre community pazk site within a portion of Village Four. The remaining acres were approved for non-residential uses, including community purpose facilities (CPFs), schools, public parks, commercial uses, open space, two pedestrian bridges, and circulation right-of-way. Incorporation by Reference The State CEQA Guidelines specifically provides for incorporation of relevant existing infomtation by reference, as a means of reducing repetition in environmental documents for related projects, or where other existing infomtation is recognized as valid and applicable to the subject project. Specifically, the CEQA Guidelines state "the incorporated part of the referenced document shall be briefly summarized where possrble or briefly described if the data or infortnation cannot be summarized" (CEQA Guidelines §15150). The following is incorporated by reference: City of Chula Vista. 2006. Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area (SPA) Plan Final Second Tier Environmental Impact Report. SCH No. 2003091012. May. The proposed project would amend the SPA Plan to authorize a total of 2,983 residential units, resulting in a net increase of 197 residential units. While this project-level environmental analysis 8-30 Proposed Project Land Use Changes identifies impacts where the proposed project would differ from what was proposed for the project site under the 2006 SPA Plan, it also relies on the 2006 SPA Plan-EIR's environmental analysis where appropriate. As such, the SPA Plan EIR is incorporated by reference into this document, and all applicable mitigation measures in the 2006 SPA Plan EIR will remain applicable to the proposed project. C. Compliance with Otay Ranch GDP Neighborhoods R-7A and R-9A aze designated as low medium village (LMV - 3.5) and neighborhoods R-28 and R-29 aze designated as Village Core -Medium High (MH - 10.0) in the Otay Ranch GDP. The LMV - 3.5 designation allows for up to 3.5 development units per acre, while the MN - 10.0 allows for up to 10 units per acre. Neighborhoods R-7A and R-9A aze zoned as SF-3 and SF-4,respectively. Neighborhoods R-28 and R-29 are zoned as RM-2 and RM-1, respectively. The proposed project includes amendments to the Otay Ranch GDP and the SPA Plan. The applicant is proposing density increases within or adjacent to the Village Two core azea consistent with GDP policies. Compliance with wring and plans is discussed in the Initial Study. D. Public Comments On January 18, 2012, a Notice of Availability was circulated to property owners within a 500- foot radius of the proposed project site, as well as to other interested parties. The public review period ended on Febmary 17, 2012. One comment letter was received from David Watson (Duane Moms, LLP) on February 13, 2012. The comment letter raised questions related to the project's required dedication of pazkland. The Initial Study correctly states the threshold standard for parks/recreation and focuses appropriately on potential significant environmental effects rather than the separate issues concerning ownership of park credits raised by the comment. Nevertheless, the Initial Study has been revised to indicate that the project applicant must comply with the City Municipal Code, Chapter 17.10, Parklands and Public Facilities, relative to pazk land acquisition and development. This addition does not change any of the significance findings of the Initial Study, nor does it constitute any new information that had not been previously included in the analysis. No new environmental issues were raised. E. Identification of Environmental Effects An Initial Study conducted by the City determined that the proposed project may have potential significant environmental impacts; however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This MND has been prepazed in accordance with Section 15070 of the CEQA Guidelines. F. Mitigation Necessary to Avoid Sienificant hnnacts Noise As stated in the Initial Study, future noise levels would range up to 67 dB CNEL at the homes facing .Olympic Parkway. The interior noise levels in habitable rooms of these homes are expected to exceed the 45 dB CNEL noise criterion. Implementation of Mitigation Measure NOI- 1 would ensure that exterior noise levels remain below 65 dB CNEL. Implementation of Mitigation Measure NOI-2 would ensure that interior noise levels would not exceed the 45 dB CNEL criterion. With implementation of these mitigation measures, impacts would be less than significant. 4 8-31 NOI-I A 5-foot high sound wall at the top of the slope along single family lots 34, 35, 37, and 38 in Neighborhood R-7A aze required to mitigate the traffic noise associated with Olympic Pazkway. With implementation of the sound wall the project will meet the City's 65 dB CNEL exterior noise level criterion. The sound wall may be constructed of any masonry material, or material such as tempered glass, with a surface density of at least three pounds per squaze foot. The sound wall should have no openings or cracks. NOI-2 To comply with the City and State's 45 dB CNEL interior noise standard, the homes on Lots 34-39 within Neighborhood R-7A will require a mechanical ventilation system or air conditioning system and possibly sound-rated windows. An interior noise analysis addressing first and second floor noise will be required for the homes on Lots 34-39 prior to issuance of building permits. Public Services The additional residential units associated with the proposed project would result in a proportional increase in the number of emergency service calls to the fire and police departments annually. With incorporation of Mitigation Measure PUB-1, impacts to local fire protection services would be less than significant. Village Two owners have entered into a School Mitigation Agreement to mitigate impacts associated with Village Two development. The School Mitigation Agreement runs with the land, and the Village Two property is within the boundaries of school CFDs, therefore, the proposed project area is subject to the same requirements. With incorporation of Mitigation Measure PUB- 2, impacts to local school districts would be less than significant. The applicant will be required to pay pazk development component and acquisition component Pazk Acquisition and Development (PAD) fees. With incorporation of Mitigation Measure PUB- 3, impacts to existing and approved pazklands would be less than significant. PUB-1 Prior to approval of each building permit, the applicant shall pay Public Facilities Development Impact Fee (PFDIF) at the rate in effect at the time of building permit issuance. PUB-2 Prior to approval of each building pemit, the applicant shall pay all required school mitigation fees or enter into an agreement to help finance the needed facilities and services for the Chula Vista Elementary School and the Sweetwater Union High School District. PUB-3 Prior to approval of the final map, the applicant shall pay required park development fees and dedicate 1.67 acres of local parkland or pay pazk acquisition fees. Prior to approval of building permits, the applicant shall pay recreation development impact fees in accordance with the fees and phasing approved in the Public Facilities Financing Plan for the SPA Plan. Recreation The increase in population associated with the proposed project would not result in a substantial increase in physical deterioration of neighborhood and regional parks or other recreational facilities. Implementation of Mitigation Measure PUB-I would reduce recreation impacts to a less than significant level. 8-32 Traffic The project will be required to pay all applicable Transportation Development Impact Fees (TDIF) to provide financing for circulation element road projects. Payment of the TDIF, as outlined in Mitigation Measure TRA-1, would mitigate cumulative impacts to below a level of significance. TRA-I Prior to issuance of building pemuts, the applicant shall pay the applicable TDIF. Utilities and Service S sy terns Mitigation measure UTIL-1 would ensure that the proposed project would not exceed the capacity of any line in the existing wastewater conveyance system Impacts to wastewater facilities from the proposed project would be considered less than significant with incorporation of mitigation measure UTII,-1. UTILl Prior to the issuance of the first building permit related to any project uses served by the Poggi Canyon Sewer, and to the satisfaction of the City Engineer, the applicant shall: 1.) Bond for the improvement of the constrained reach at Brandywine Avenue (Reach P270) with the first final map for the project, unless otherwise approved by the City Engineer; 2.) Monitor sewer flows within the Poggi Canyon Sewer Basin to the satisfaction of the City Engineer and submit quarterly reports to the City upon the issuance of the First building permit within the Project; unless otherwise approved by the City Engineer; 3.) Obtain the approval for the improvement plan and any necessary environmental permits for Reach P270 prior to the first final "B" Map, unless otherwise approved by the City Engineer; 4.) Commence construction of Reach P270 upon reaching a d/D of 0.75, unless otherwise approved by the City Engineer; 5.) Complete construction of Reach P270 the sooner of one yeaz after occupancy of the first unit sewering to the Poggi Canyon System, or a d/D of 0.85, unless otherwise approved by the City Engineer; 6.) Not seek building permits within the Poggi Canyon Sewer Basin if any segment of the Poggi Canyon Trunk Sewer achieves a d/D of 0.85, or the City Engineer has determined, at his sole discretion, that there is not enough San Diego METRO treatment capacity for the proposed project, unless otherwise approved by the City Engineer. 6 a-ss O. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declazation with the County Clerk shall indicate the ApplicanPs and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. Printed Name and Title of Applicant Signature H. Consultation 1. Individuals and Organizations City of Chula Vista: Stan Donn, Planning and Building Department Steve Power, Planning and Building Department Others: Brian Orover, Dudek Joe Monaco, Dudek 2. Initial Study Date Date This environmental determination is based on the City's Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regazding the environmental review of this project is available from the Development Services Deparhnent, 276 Fourth Avenue, Chula Vista, CA 91910. Stan Donn, AICP Senior Planner Date: 8-34 ua w 0 W ~p _ t~ ._..., ll~i~" ~~® R~$~ O ® .~v~ ~.~ ~~~ ~0®~ ®~ '°~ ~ ° `~ ` ~/ ~ Village Two Boundary Not to Scale e ! w_ ,.,.,._y° v 0 subject Parcels ': ~ ~ ~ ~ K so~hc~,~mhcA~a 201+ FIGURE 3 Project Site 6789-Ot ISlMND for the Otay Ranch Village Two SPA Plan Amendment ATTACHMENT 4 Ownership Disclosure Statement 8-38 ~Vli •i~i. oOf CHUTA VISfA Disclosure Statement*** Pursuant to City. Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, -..----- - --_ __ contra~tor,_sulzcontractor,material_supplieL).- -- ---_--- _- --------- -- _ -_ _ ___ JPB Development, LLC 2. If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. Jim Baldwin 3. If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Ranie Hunter Jim Baldwin Rob Cameron 276 Fourth Avenue I Chula Vista ~~a4ifornia I 91910 I (619) 585-5722 ~~t~i .•.w:. oOf CHUTA VISTA Disclosure Statement*** Disclosure Statement -Page 2 5. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes_ No X If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Has any person* anyone identified in 1., 2., 3., or 4, above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to a cunent member of the Chula Vista City Council? No X_ Yes_ If yes, which Council member? 7. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No X_ If Yes, which official** and what was the nature ofitem provided? 7. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or 276 Fourth Avenue I Chula Vista I8~ifonua I 91910 I (619) 585-5722 \fli .:rF.: QIY OF CHUW VLSTA Disclosure Statement*** more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No X If Yes, identify the official** and the nature of the income provided? Date:_10/20/2010 L-v Signature of Contractor/Applicant Print or type name ofContractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. Last Updated: September 8, 2009 276 Fourth Avenue I Chula Vista 8{4alifornia I 91910 I (619) 585-5722 ATTACHMENT 5 Tentative Map (PCS 11-0 l ) On File at the Clerk's Office 8-42 ATTACHMENT 6 Village 2 GDP/SPA Amendments (Booklet) On File at the Clerk's Office 8-43 RESOLUTION 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE MITIGATED NEGATIVE DECLARATION (IS-10-009); APPROVING AMENDMENTS TO THE OTAY RANCH GDP, OTAY RANCH VILLAGE TWO SPA PLAN, AND ASSOCIATED REGULATORY DOCUMENTS IN ORDER TO ADD 197 UNITS AMONG FOUR NEIGHBORHOODS WITHIN VILLAGE 2 L RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Village 2 SPA Amendment ("Project"), and for the purpose of general description herein consists of 27.6 acres of the approximate 775 acres located south of Olympic Parkway and west of La Media Road ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 22, 2010 by Otay Ranch New Homes, LLC ("Applicant, Owner, and Developer") requesting approval of amendments to the Otay Ranch General Development Plan (GDP), Otay Ranch Village Two, Three and a Portion of Village Four SPA Plan ("Village 2 SPA Plan) and Otay Ranch Village Two Planned Community District Regulations and associated regulatory documents affecting 27.6 acres ("Project"); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, SPA Plan and associated Design Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006, and amended City Council Resolution No. 2012-009 on January 24, 2012; 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006, and amended by City Council Ordinance No. 3225 on February 14, 2012; and 3) Tentative Subdivision Map (CVT 06-OS) approved by City Council Resolution 2006-157 on May 23, 2006; Tentative Subdivision Map (CVT 11-02) approved by City Council Resolution 2012-10; Tentative Subdivision Map (CVT 11-03) approved by City Council Resolution 2012-11; Tentative Subdivision Map (CVT 11-04) approved by City Council Resolution 2012-12; and Tentative Subdivision Map (CVT 11- 05) approved by City Council Resolution 2012-13 on January 24, 2012; and 8-44 Resolution No. Page 2 D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program; and E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on Mazch 14, 2012 and voted 4-1-1-1 to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on March 14, 2012 and the minutes and resolution resulting therefrom, aze incorporated into the record of this proceedings; and, F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundazies of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 3, 2012 in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. 8-45 Resolution No. Page 3 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it fmds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that on the basis of the whole record before it, including the initial study and any comments received, the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Development Services Director that Mitigated Negative Declaration (IS-10-009), in the form presented, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-10-009). III. GDP/SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The current General Plan land use designation for Neighborhoods R-7 and R-9 is Low Medium Residential Density (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7 and R-9 is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9), consistent with the GDP land use designation. The GDP land use designation is only Medium Residential for R-7 and R-9 Neighborhoods. However, when averaged with the entire Village 2 single family neighborhoods, the overall density does not increase above 6 DU/AC, consistent with the General Plan Low Medium Residential land use designation and density range. The existing implementing zone in the Village 2 Planned Community District Regulations is RM-1 Multi-Family Residential. The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a 8-46 Resolution No. Page 4 more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A implements analley-loaded product. Both the alley-loaded and auto- court patterns of development enhance pedestrian activity and neighborhood aesthetics by removing garages and driveways from street view. Lots range from 3,111 sq. ft. to 5,976 sq. ft. in size. Neighborhoods R-28 and R-29 are within the Village Core. The current General Plan land use designation for the Village 2 core azea is Mixed Use Residential. The proposed project is consistent with this land use designation. The current Otay Ranch GDP land use designation for the Village 2 core area is Medium- High Density (11 to 18 DU/AC). The proposed increase of 148 units in R-28 and R-29 increases the density in the Village Core and increases the average residential density within the Village 2 Core azea to 13.4 DU/AC, consistent with the GDP land use designation. This density increase supports the viability of the future planned commercial component of the Village 2 Land Use Plan. As currently approved, the densities of 8.9 DU/AC (R-28) and 15.1 DU/AC (R-29) aze at the lower end of desired densities in a village core area. The proposed changes result in densities of 26.9 DU/AC (R-28) and 25.1 DU/AC (R-29), appropriate with the village core and consistent with the transit- oriented densities encouraged in the Otay Ranch GDP. The proposed unit increase would not result in any significant land use, planning, or zoning impacts. The Village 2 SPA Plan would be amended to maintain consistency with the new density configuration within the northern and central portions of the Village. Though the addition of 197 units would increase the density of the four neighborhoods, such an increase furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to `provide a wide range of residential housing opportunities...which promotes a blend of multi family and single family housing styles and densities, integrated and compatible with other land uses in the area." The proposed unit increase would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 8-47 Resolution No. Page 5 B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Village 2 SPA Plan rely on a combination of the approved Village Two, Three and Portion of Village Four Public Facilities Finance Plan (Village 2 PFFP) and the newly prepared Village 2 SPA Amendment Supplemental PFFP (Supplemental PFFP) to outline infrastructure required to serve the entire, previously approved 2,786 unit project and the 197 additional units proposed as part of the Village 2 SPA Amendment, along with the timing of installation and the financing mechanisms to promote the sequential development of the project. The requested increase of 197 units will not affect the timeframes outlined in the Supplemental PFFP. Development of the 197 units will occur in an orderly, sequential manner as part of the overall development of Village 2. C. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed modifications to land use and development standard provisions within the Project Site have been fully analyzed and will not adversely affect the circulation system and overall land use as previously envisioned in the Otay Ranch General Development Plan and Village 2 SPA Plan. The increase of 197 units involving 27.6 acres would occur internally within the boundazies of the approximate 775 acre Village 2 site. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed 197 additional units as described in the Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Study, Air Quality and Global Climate Change Report, Water Service Technical Memo and Sewer Service Technical Memo have been prepazed, reviewed and approved. A Mitigated Negative Declaration has been prepared, and the Development Services Director has determined that any impacts associated with the proposed amendments have been addressed and the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. IV. APPROVAL OF GDP/SPA AMENDMENTS Based on the findings above, the City Council approves the amendments to the Otay Ranch GDP and Village 2 SPA Plan shown in Exhibits B and C, and Attachment 6 on file in the office of the City Clerk, subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in Mitigated Negative Declaration (IS-10-009), to the satisfaction of the Development Services Director. 8-48 Resolution No. Page 6 2. All the terms, covenants and conditions contained within the "Exhibit B" of the Otay Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006-156 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Prior to issuance of the first Building Permit for the Project, the Applicant shall record a deed restriction on 0.9 acres within the Village 7, R-3 neighborhood for Community Purpose Facility uses. In addition, the Applicant will enter into an Agreement with the City for the final resolution of the Village 2 0.9 acre CPF obligation with regard to siting and development provisions, including and not limited to obtaining the necessary entitlements, to the satisfaction of the Development Services Director. 4. Developer shall provide the required affordable housing within Neighborhoods R-28 and/or R-29 to the satisfaction of the Development Services Director. 5. Prior to the issuance of a Certificate of Occupancy for the 150a' dwelling unit within the project, the applicant shall provide a public benefit endowment to the City in the amount of $142,000 for additional park enhancement amenities within the future Otay Ranch Community Park, located within Village 4. 6. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Otay Ranch Village 2 SPA Plan Air Quality Technical Report pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 7. Prior to the 30`h day after this Resolution becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Otay Ranch Village 2 SPA, PC District Regulations, and Village Design Guidelines, for the Village 2 SPA Amendment project shall be incorporated into the final document and approved by the Director of Development Services for printing. 8. Prior to the 30`h day after this Resolution becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to .the Otay Ranch Village 2 SPA Plan, and PC District Regulations. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their teens, to be implemented and maintained over time, and any of such conditions fail to be so 8-49 Resolution No. Page 7 implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights aze gained by Applicant or successor in interest by the City approval of this Resolution. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition. herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no fiuthe~in force or in effect ab initio. Presented by: to Gary Halbert, P.E., AICP / g Assistant City Manager/Director of ity Attorney Development Services 5-50 ORDINANCE ORDINANCE OF THE CITY OF CHULA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FORNEIGHBORHOODS R-7A, R-9A AND R- 28 L RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Ordinance is diagrammatically represented in "Exhibit A" attached to and incorporated into this Ordinance, and commonly known as Village 2 SPA Amendment ("Project"), and for the general purpose of general description herein consists of approximately 27.6 acres located south of Olympic Parkway and west of La Media Road within the Otay Ranch Village 2 Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 22, 2010 by Otay Ranch New Homes, LLC ("Applicant, Owner, and Developer"), requesting approval of amendments to the Otay Ranch Village 2 Planned Community District (PC) Regulations and Land Use Districts Map; and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, SPA Plan and associated Design Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006, and amended City Council Resolution No. 2012-009 on January 24, 2012; 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006, and amended by City Council Ordinance No. 3225 on February 14, 2012; and 3) Tentative Subdivision Map (CVT 06-OS) approved by City Council Resolution 2006-157 on May 23, 2006; Tentative Subdivision Map (CVT 11-02) approved by City Council Resolution 2012-10; Tentative Subdivision Map (CVT 11-03) approved by City Council Resolution 2012-11; Tentative Subdivision Map (CVT 11-04) approved by City Council Resolution 2012-12; and Tentative Subdivision Map (CVT 11-OS) approved by City Council Resolution 2012-13 on January 24, 2012; and 8-51 Ordinance No. Page 2 D. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 14, 2012, and voted 4-1-1-1 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on March 14, 2012, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Proj ect application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and, WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 3, 2012, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 3, 2012 the City Council of the City of Chula Vista approved Resolution , by which it approved amendments to the Otay Ranch Village 2 GDP, SPA Plan, Design Guidelines, the Supplemental Public Facilities Financing Plan, the Air Quality Improvement Plan and the Water Conservation Plan, and Tentative Map; and G. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program; and 8-52 Ordinance No. Page 3 NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to the Otay Ranch Village 2 Planned Community District Regulations and Land Use District Map are consistent with the City of Chula Vista General Plan. The residential nature of the proposed use would be consistent with the adopted residential designations for this project site and compatible with the surrounding residential and village-related land uses ofthe Otay Ranch area. B. APPROVAL OF PROPOSED AMENDMENTS The City Council approves the amendments to the Otay Ranch Village 2 Planned Community District Regulations and Land Use District Map as represented in Exhibit B and Attachment 6, on file in the office of the City Clerk. III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, AICP, PE Assistant City Manager/Director of Development Services 8-53 RESOLUTION NO. 2012- RESOLUTION OF THE CITY CHULA VISTA APPROVING MAP WITHIN OTAY RANCH TRACT 11-01 COUNCIL OF THE CITY OF A TENTATIVE SUBDIVISION VILLAGE 2 -CHULA VISTA I. RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods R- 7and R-9, Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on November 22, 2010, a duly verified application fora Tentative Subdivision Map (Chula Vista Tract (CVT) 11-O1) was filed with the City of Chula Vista Development Services Department by Otay Ranch New Homes ("Applicant") to subdivide a 12.0-acre site within Otay Ranch Village 2, Neighborhoods R-7 and R-9, into eighty-five (85) single-family lots; and 3. Environrental Determination WHEREAS, The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environrnent. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program; and 4. Planning Commission Record on Application WHEREAS, on March 14, 2012, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to the hearing; and 8-54 Resolution No. Page 2 WHEREAS, a heazing at the time and place as advertised, namely Mazch 14, 2012, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 11-01; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 4-1-1-1 that the City of Chula Vista City Council approve the Tentative Subdivision Map CVT 11-01 within Otay Ranch Village 2 Neighborhoods R-7 and R-9; and City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the heazing; and WHEREAS, on Apri13, 2012 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public heazing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: Land Use and Transportation The current General Plan land use designation for Neighborhoods R-7 and R-9 is Low Medium Density Residential (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7 and R-9 is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9), consistent with the GDP land use designation. The GDP land use designation is only Medium Residential for R-7 and R-9 8-55 Resolution No. Page 3 Neighborhoods. However, when averaged with the entire Village 2 single family neighborhoods, the overall density does not increase above 6 DU/AC, consistent with the General Plan Low Medium Residentiat land use designation and density range. The existing implementing zone in the Village 2 Planned Community District Regulations is RM1 Multi-Family Residential. The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A implements analley-loaded product. Both the alley- loaded and auto-court patterns of development enhance pedestrian activity by removing garages and driveways from street view. Single-family lots will range from 3,111 sq. ft. to 5,976 sq. ft. in size. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities...which promotes a blend of multi family and single family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 49 new single-family small lot homes in a more compact format within walking distance of the village core. The four-unit compact court homes and alley-loaded homes support economic policies regarding the pursuit and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding 49 units, increased patronage to the nearby commercial and public/quasi-public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allows the development of detached small lot single-family homes on sepazate, fee-simple lots. The four-unit cluster design, around a central auto court, provides a housing type specifically designed to align with today's mazketplace and economic conditions. The Project provides homebuyers the opportunity to purchase detached, single-family homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further vaziation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. 8-56 Resolution No. Page 4 The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Supplemental PFFP has been prepared to analyze the additional demand generated by 197 new units, including the 49 new single family units, for public services and facilities, and the phasing needs created by the Project. A project-level water quality technical report was completed for the proposed project. The water quality technical report outlines three options for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. One of the three options would be implemented and approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 10,500 gallons per day (gpd) which represents less than a 1% increase village-wide. As such, the water system recommendations from the May 2006 Subarea Master Plan for Village 2 remain unchanged as a result of the proposed project. The proposed project adds 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Poggi Basin, which results in an increase of approximately 42,400 gpd (160.1 EDU) to the Poggi Basin. Adding 160.1 EDU will not exceed the units foreseen in the 2009 Poggi DIF Update. The Applicant is required to monitor two reaches of the Poggi Canyon Interceptor which have already been identified for 8-57 Resolution No. Page 5 future replacement as required by the Supplemental PFFP. However, the proposed project would not require additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the additional units. 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Mitigated Negative Declaration (IS-10-009) has been prepared for the project in order to address the proposed addition of 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Village 2 SPA Plan. No additional, unmitigable significant impacts beyond those previously analyzed in the FEIR, or substantial increases in any identified significant impacts are anticipated. Therefore, the Mitigated Negative Declazation (IS-10-009) and the Mitigation Monitoring Program ensure all environmental impacts will be mitigated to a level less than significant. 5. Growth Manaeement The proposed project would result in 197 additional dwelling units (inclusive of the subject 49 units associated with this Tentative Map) in Village 2. A Supplemental PFFP has been prepared which analyzes 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. A project-specific traffic study, the Village 2 SPA Amendment Tra)~c Impact Study, analyzes the impact of 197 additional units (inclusive of the subject 49 units associated with this Tentative Map) in Village 2. The traffic study concludes the surrounding street segments and intersections as planned or built, including Olympic Parkway and Santa Victoria Road, will continue to operate/serve at an acceptable Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic; however, the project would contribute to a cumulative impact at the all-way stop controlled intersection of Santa Victoria Road/Santa Venetia Street. Signalization of this intersection would fully mitigate this impact. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 197-unit increase would result in roughly 64 additional elementary school students. An elementary school is planned within the Village 2 core to serve the build-out population. It was anticipated the entire Village 2 project would generate approximately 875 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the addition of 64 students would not result in inadequate school facilities. 8-58 Resolution No. Page 6 Further, the District has provided a letter stating it can accommodate the new students generated by the proposed project. The CVESD will determine which elementary school students generated by the project will attend on an interim basis. The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately 17 middle school and 42 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 1.68 acres of park land. This obligation will be met through the Applicant's existing park "credits," the dedication of parkland, payment park fees, or a combination of park credits, land dedication and fees. As part of the Villages 2 SPA Plan, 101.5 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 386.1 acres of on-site open space. The proposed project would increase the population by 632 residents, increasing the open space demand by 7.56 acres. When added to the total from the existing Villages 2 SPA Plan demand, this totals 109.06 acres of open space. The 386.1 acres provided by the Villages 2 Site Utilization Plan exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Therefore, the project generates a requirement to convey 32.8 acres of Preserve land to the Otay Ranch Preserve Owner/Manager (27.6 acres of development x 1.188 = 32.8 acres). The Applicant has an existing conveyance "credit" of over 200-acres which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. 5-59 Resolution No. Page 7 C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project confonns to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known Chula Vista Tract 11-01. V. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained are approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: 8-60 Resolution No. Page 8 Planning Division: 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ- 1642. 3. All the terms, covenants and conditions contained within the "Exhibit B" of the Otay Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006-156 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. Prior to issuance of the first Building Permit for the Project, the Applicant shall record a deed restriction on 0.9 acres within the Village 7, R-3 neighborhood for Community Purpose Facility uses. In addition, the Applicant will enter into an Agreement with the City for the final resolution of the Village 2 0.9 acre CPF obligation with regard to siting and development provisions, including and not limited to obtaining the necessary entitlements, to the satisfaction of the Development Services Director. 5. Developer shall provide the required affordable housing within Neighborhoods R-28 and/or R-29 to the satisfaction of the Development Services Director. 6. Prior to the issuance of a Certificate of Occupancy for the 1500' dwelling unit within the project, the applicant shall provide a public benefit endowment to the City in the amount of $142,000 for additional park enhancement amenities within the future Otay Ranch Community Park, located within Village 4. Land Development Division: 7. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 8. All of the terms, covenants and conditions contained within the Tentative Map for Tract No. 06-OS shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 9. All of the terms, covenants and conditions contained within the Amendment to the City of Chula Vista Subdivision Manual Section 5-000 for the inclusion of the Standard Conditions of Approval for Tentative Maps shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 8-61 Resolution No. Page 9 10. Developer shall provide one sewer lateral for each unit and all shall be shown on the improvement plans as directed by the City Engineer. 11. Prior to approval of any final map for the Project, Developer shall secure and construct or otherwise enter into an Infrastructure Improvement Agreement for offsite facilities as identified in the Supplemental Public Facilities Financing Plan (PFFP). Developer shall submit security in a form approved by the City Attorney, for any required offsite improvements as shown on the approved Tentative Map or as required by the Supplemental PFFP. Any offsite permission or right of way that will be required to install such improvements shall be obtained prior to the approval of any final map, to the satisfaction of the City Engineer. 12. Prior to the approval of the first Final Map, Developer shall secure and construct a traffic signal at the intersection of Santa Victoria Road/Santa Venetia Street to the satisfaction of the City Engineer. 13. Prior to the First Final Map developer shall bond for and demonstrate compliance with Mitigation Measure "UTIL-1" and all listed requirements under the Utilities and Service Systems section of the Mitigated Negative Declaration with regard to the upsizing of sewer facilities within the Poggi Canyon Sewer. 14. Prior to the approval of any final map within the Project, Developer shall obtain approval of a Joint Use Agreement and Right of Way crossings for Santa Victoria and Santa Diana over the City of San Diego waterline to the satisfaction of the City Engineer. 15. Prior to the issuance of the Final Map containing the 212a' aggregate unit within R7-A, R9-A, R-10, R-28 and R-29, Developer shall deliver the P-3 park site to the City in a graded condition with all-weather access and underground utilities stubbed to the property line pursuant to Village 2 Tentative Map (CVT 06-OS) Conditions 96 and 97, to the satisfaction of the Development Services Director. 16. Developer shall ensure that the Homeowners Association (HOA) maintains all Water Quality Facilities for the Project. Prior to final map approval, the Developer shall obtain the approval from the City Engineer, of the Covenants, Conditions, and Restrictions (CC&R's). Developer shall also demonstrate to the satisfaction of the Development Services Director that such maintenance is accounted for in the HOA annual budget. 17. Prior to approval of any building permit for the Project, Developer shall obtain approval, by the City of Chula Vista, of the `landscape documentation package' that demonstrates that the landscape associated with this Project complies with the City of Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12 of the Municipal Code. The title sheet of the drawings shall contain a signed statement from the landscape architect as follows: "I am familiar with and agree to comply with the requirements for landscape improvement plans as described in Chapter 20.12 of the Municipal Code. I have 8-62 Resolution No. Page 10 prepazed this plan in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use:" 18. Developer shall ensure that sidewalks immediately adjacent to any low walls shall have a band of scoring to alert pedestrians to the proximity to the wall. The scoring shall be located along the base of the wall and may contain vine-planting pockets. The scoring pattern, the size of the band, and any of its features thereof, including vine-planting pockets, shall be subject to the approval of the City Engineer. 19. Developer shall ensure that all existing and proposed perimeter theme walls and fences shall be part of the landscape and irrigation plans for the Project. The landscape and irrigation plans shall show design, height and materials for the walls/fences. 20. Developer shall ensure that prospective purchasers receive a copy of the City of Chula Vista Landscape Water Conservation Checklist. 21. Prior to the issuance of the first occupancy permit for a unit within a neighborhood included in the Final Map and abutting open space, the Developer shall install slope Landscape and Irrigation in accordance with the approved L&I plans in all open space areas immediately adjacent to that neighborhood. The installation shall be coordinated with owners of adjacent neighborhoods when necessary. Fire Department: 22. The Building Permit plans shall demonstrate a fire flow of 1,500 gallons per minute (gpm) fora 2-hour duration (at 20psi). The 1,500 gpm is for homes that are less than 3,600 square feet. For larger homes (3,601 +), they shall meet the fire flow requirements, based upon size and construction type, as stated within the adopted fire code. 23. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction, to the Chula Vista Fire Department, indicating that the fire flow is available to serve this project. 24. The Applicant shall install Fire Hydrants located not greater than 500 feet apart for single-family and 300 feet apart for multi-family properties. The minimum fire hydrant size shall be: 6" x 4" x 2" '/z x 2 ''/z" prior to occupancy. 25. Prior to occupancy, the structure shall be addressed in accordance with the currently adopted code. 26. The Applicant shall comply with the adopted State of California Building Code changes that require all new one and two-family homes and townhouses built in the state starting January 1, 2011, to be equipped with life-saving fire sprinkler systems. 8-63 Resolution No. Page I1 B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 27. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 28. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly, from (a) City's approval of this tentative map and (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 29. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 30. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 31. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 8-64 Resolution No. Page 12 32. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Mitigated Negative Declazation (IS-10-009) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 33. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 10-30) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-11-O1) subject to conditions listed above to subdivide 12.0- acres into eight-five (85) lots within Otay Ranch Village 2 Neighborhoods R-7 and R-9, on file in the office of the City Clerk. 8-65 Resolution No. Page 13 Presented by: Gary Halbert, P.E., AICP Assistant City Manager/ Development Services Director 8-66