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HomeMy WebLinkAboutItem 5-b&cCHULA VISTA Item: 5 -b & 5c Meeting Date: 11/20/13 ITEM TITLE: (5 -b) Public Hearing: PCM- 09 -18; Consideration of the Village 8 West Sectional Planning Area (SPA) Plan including the Planned Community District Regulations/Design Plan (Form Based Code), Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents on approximately 300 acres within the Otay Ranch Planned Community. Resolution: PCM- 09 -18; Recommending that the City Council approve the Village 8 West Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents in accordance with the findings and subject to the conditions contained therein. (5 -c) Public Hearing: PCS- 09 -04; Consideration of a Tentative Subdivision Map (PCS- 09 -04), implementing the Village 8 West SPA Plan (PCM- 09 -18). Resolution: PCS- 09 -04; Recommending that the City Council approve the Village 8 West Tentative Map in accordance with the findings and subject to the conditions contained therein. SUBMITTED BY: Scott Donaghe, Principal Planner REVIEWED BY: Kelly Broughton, FASLA, Development Services Director INTRODUCTION The applicant, the Otay Land Company, filed an application for the Village 8 West SPA (PCM - 09-18) and Tentative Map (PCS- 09 -04) in September 2009. The Village 8 West SPA defines the land use character and mix, design criteria, transportation system and public infrastructure requirements for this approximately 300 -acre site within the Otay Ranch. The Tentative Map implements the SPA Plan by providing for the subdivision of lots and the detailed design of the circulation system and other public improvements consistent with the SPA Plan. 5 -25 Planning Commission PCM -09 -18 PCS -09 -04 BACKGROUND 11 -20 -2013 Item 5 -b & 5c Page 2 Since the adoption of the Otay Ranch General Development Plan (GDP) in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. This vision is also reflected in the General Plan (GP). While the properties have been designated "University" (with a secondary residential land use should the University not become a reality), they have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the acquisition of approximately 140 acres of developable land for university purposes. It was understood that additional acreage was required to realize the land mass envisioned for the University by the GP and GDP. In 2007, the City began negotiating with the landowners on a land plan that would be beneficial to the City, and carry out the goals of the GP and GDP with the conveyance of land necessary for the future development of a University and a Regional Technology Park if certain benefits were received by the landowners (entitlements received within agreed upon timeframes). On April 15, 2008 the City of Chula Vista entered into a Land Offer Agreement (LOA) with OLC that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for 50 acres of developable University/Regional Technology Park land if certain entitlements are approved within the agreed upon timeframes. As part of the agreement the City also received an IOD for an additional 160 acres of mitigation land and one million dollars for University recruitment and planning purposes was received upon execution of the LOA. A second one million dollars for the same purpose will be received if such entitlements are approved by the City. It was originally envisioned in the LOA that all of the approvals (including the General Plan and General Development Plan Amendments, Sectional Planning Area (SPA) Plans for Villages 8 West and 9, Environmental Impact Reports and tentative maps for both villages) would be heard at one hearing, but due to the size and complexity of the project an amendment to the LOA was approved in February 2013. The Amended LOA permitted the consideration of the General Plan (GPA) and General Development Plan Amendments (GDPA) separately from the remainder of the applications. The GPA and GDPA were approved by Council on February 26, 2013. The proposal under consideration (Village 8 West SPA and TM) would implement the GP and GDP and would be the next step towards realizing the City's vision for a University in Eastern Chula Vista pursuant to the LOA. A similar proposal for the Village 9 SPA and TM is expected to be before the Planning Commission and City Council early next year. ENVIRONMENTAL REVIEW In accordance with the requirements of the California Environmental Quality Act (CEQA), Second -Tier Environmental Impact Report (EIR- 10 -03) has been prepared to analyze the environmental impacts of the proposed Village 8 West SPA and Tentative Map. 5 -26 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 3 EIR -10 -03 is discussed in detail in a companion agenda statement and must be addressed and acted upon prior to Planning Commission consideration of the Village 8 West SPA and Tentative Map. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution PCM -09 -08 recommending that the City Council: a. Approve the Village 8 West Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents in accordance with the findings and subject to the conditions contained therein; and, b. Adopt an Ordinance approving the Village 8 West Planned Community District Regulations/Design Plan (Form Based Code) in accordance with the findings and subject to the conditions contained therein. 2. Adopt Resolution PCS -09 -04 recommending that the City Council approve the Village 8 West Tentative Map in accordance with the findings and subject to the conditions contained therein. DISCUSSION Location Existing Site Characteristics, and Ownership Village 8 West is comprised of approximately 300 acres and is generally located south of Main Street/Rock Mountain Road, east of the Otay Quarry, north of the Otay River Valley and west of Village 8 East (see Attachment 1, Locator Map). The project site is within the Otay Valley parcel of the Otay Ranch planning area. The area is currently in a vacant, natural state and has been used for agricultural purposes in the past. A 19.6 -acre City of San Diego reservoir is located in the center of the project but is not a part of this application. Village 8 West is owned by the Otay Land Company (a subsidiary of HomeFed). Project Description Village 8 West is proposed to be developed with up to 2,050 single- and multi - family residential units and 300,000 square feet of non - residential uses (commercial and office). Of the 2,050 residential units, approximately 621 are single - family units and 1,429 are multi - family units designed within either a mixed -use construct or in a more traditional multi - family setting. Similarly, the 300,000 square feet of non - residential uses are proposed to include 250,000 square feet of commercial and 50,000 square feet of office uses. Land uses within the village also include parkland, Community Purpose- Facility land, and a site for Middle and an Elementary School along with open space. 5 -27 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 4 The village is geographically oriented around the intersection of La Media/Otay Valley Road and Main Street/Rock Mountain Road using a Town Center concept that intentionally brings traffic into the heart of village to promote a vibrant and successful mixed -use core. Each of these roadways is proposed to be constructed as an "urban couplet" that splits traffic into two smaller one -way streets though the core. These roadways are designed to handle a similar volume of traffic as traditional arterial roadways, but have the added benefit of allowing for a better mix of pedestrian, bicycle, transit and vehicular circulation. Densities in the village generally decrease as the project approaches the Otay Valley and the Otay Ranch Preserve to the south, with the Town Center including the highest densities and the traditional single - family lots being located along the preserve edge. General Plan and General Development Plan Compliance The City's General Plan (GP) and the Otay Ranch General Development Plan (GDP) designate land within the Otay Valley Parcel for urban villages based on the pedestrian friendly village concept. This concept locates higher residential densities and a variety of mixed -uses within the Town Center (or Village Core), and then surrounds the Town Center with decreasing residential densities as the village approaches the Otay River Valley. The General Plan identifies Village 8 West as being within the Central District of the Otay Ranch Subarea. The General Plan designates Village 8 West for mixed use within the Town Center (18 -45 units per acre), Residential Medium -High (11 -18 dwelling units per acre), Residential Medium (6 -11 dwelling units per acre) and Residential Low Medium (3 -6 dwelling units per acre). In addition, Village 8 West also includes Community Park (CP), Neighborhood Park (NP), an Elementary School (ES) and a Middle School (MS). The Otay Ranch GDP authorizes 2,050 dwelling units (621 single- family and 1,429 multi- family), 28 acres of parkland (both Community and Neighborhood), 5.8 acres of Community Purpose Facility (CPF), 32.4 acres for schools (an Elementary and a Middle School) as well as up to 300,000 square feet of commercial space. Table 1 summarizes the existing zoning, GP Land Use Designation, Otay Ranch GDP Land Use Designation, and the number of residential units authorized and proposed. Table 1 Village 8 West General Plan and Otay Ranch General Development Plan Land Uses CVMC /Zoning GP Land Use Otay Ranch GDP No. of Units No. of Units Designation Land Use Authorized Proposed Designation PC Town Center (TC) Town Center (TC) 899 899 —18 -45 units per —18 -45 units per acre acre 5 -28 44V Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 5 PC Residential Medium High 530 530 Medium High (MH) —11 -18 (RMH) —11 -18 units per acre units per acre PC Residential Medium (M) — 6- 290 290 Medium (RM) — 6- 11 units per acre 11 units per acre PC Residential Low Medium 331 331 Medium Low Density (RLM) — 3 -6 Residential Village dwelling units per (LMV) — 3 -6 units acre per acre The Chula Vista General Plan (GP) and Otay Ranch General Development Plan (GDP) provide the vision and policy direction for the planning of Village 8 West. The GP includes numerous policies (starting on page LUT -257) with regard to Village 8 West, some of these that relate directly to design and land use are: • Provide a Town Center with pedestrian- oriented arterials and transit service at the intersection of Main Street and La Media Road. • Support larger commercial uses in the Town Center by providing additional visibility and access for both vehicles and pedestrians. • Provide for single - family homes in Low Medium density south of the Town Center, away from major roadways. • Allow arterial traffic into the Village Eight Town Center through use of the Town Center Arterial, which may include a pedestrian- oriented, one -way couplet street system or other pedestrian- oriented street design. The GDP includes specific character policies (Part II, Chapter 1, and Section F.8) to be implemented at the SPA level. Some of these that relate specifically to the Village 8 West design and land`use plan are: • Linkage and compatibility with Villages Four and Seven. • Land use designs shall consider the overall natural landform and generally slope down toward the Otay River Valley. • A transit stop shall be approximately located at the SPA level and be conditioned for dedication at the Tentative Map level. 5 -29 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 6 Village Eight will provide some commercial and public services to the low density residential neighborhood (Village 4) to the west. Regional trails shall link the village to the Otay Valley Regional Park. Implementation of these and other GP and GDP policies requires an integrated planning approach that takes in consideration all of the land use planning components designed to create a mixed -use, pedestrian oriented community, that was envisioned when the GDP was adopted. The. following discussion will outline how the SPA Plan and Form Based Code implement the GP and GDP policies and objectives. SPA Plan A. Residential Land Uses Three traditional single - family neighborhoods (Planning Areas N, P and V) are proposed to contain 331 single - family residences ranging from three to six dwelling units per acre on lot sizes averaging from approximately 4,030 to 14,960 square feet (See Attachment 2 — Site Utilization Plan and. Attachment 3 — Site Utilization Plan Table). Two additional single - family neighborhoods (Planning Areas Q and U) will contain 290 dwelling units with densities ranging from six to 11 units per acre in attached and detached formats that are compatible with the traditionally lotted single - family residences. These neighborhoods allow for a variety of building configurations including conventional homes, motor courts, linear green courts, bungalow green courts, village houses, row houses, neighborhood recreation facilities as well as dwellings with innovative designs (i.e. innovative design solutions that may not meet the strict definition of the building configurations listed above) (See Section 3.4 of the SPA Plan). Four multi - family neighborhoods (Planning Areas E, I, M and O) provide up to an additional 530 units, which range from 11 to 18 units per acre and vary in size from 5.3 to 8.9 acres. These multi - family neighborhoods can incorporate a variety of housing types including stacked units and live /work units in addition to those listed above (See Section 3.4 of the SPA Plan). The single - family and multi - family residential components of the proposed SPA Plan are designed to provide a variety of housing types, lot sizes and densities consistent with the goals and objectives of the Otay Ranch GDP as well as the Housing Element of the General Plan. Village 8 West also implements the "village concept" by locating the highest density residential areas near the Town Center and then decreasing densities, and creating larger single- family residential lots, nearer the edges of the village. Single - family residences with the lowest densities are located along the edge of the Otay Ranch Preserve in the southern portion of Village 8 West. B. Town Center Land Uses The Village 8 West Town Center consists of 8 potential mixed use sites (Planning Areas B, C, F, H -1, H -2, J, L and X) that will include a mixture of residential/commercial or residential /office. Up to 300,000 square feet of non - residential, comprised of 250,000 square feet of commercial 5 -30 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 7 and 50,000 square feet of office, is targeted for six of the sites. While 300,000 square feet of non- residential is the target, the SPA Plan guarantees that a minimum of 117,000 square feet of non- residential (comprised of a minimum of 100,000 square feet of commercial and 17,000 of office) will be implemented. In addition to the non - residential square footages listed above, the Town Center will include up to 899 multi - family units constructed in vertical and horizontal mixed use formats. The mixed -use parcels that form the Town Center will support the adjacent residential neighborhoods and provide a pedestrian friendly atmosphere within Village 8 West. Uses within the Town Center will include a mix of retail sales and services with high- density attached homes. The Town Center is intended to be an urban walkable zone that is characterized by pedestrian oriented ground floor uses, public plazas and spaces that create a 24 -hour activity center and living environment. Planned Community District Regulations/Design Plan (Form Based Code) Unlike the majority of SPA Plans, Village 8 West is proposing a Form Based Code (FBC) that combines elements of the typical Planned Community (PC) District Regulations with the typical SPA Design Plan. The FBC (Chapter 3 of the SPA Plan) intends to more comprehensively address the physical form of development than typical PC District Regulations. In form -based planning, the built environment is organized as a range of geographic and development "transects" or cross sections. Each transect is composed of elements that support its local character, such as: zone, building configuration, lot configuration, land use, frontage type and other physical elements of the human environment. The transects in Village 8 West provide organization for development that focuses activity on the Town Center, transitioning into the residential areas and rural open space along the southern edges of the village. These transects are further divided into zones, allowing for greater diversity and smoother transition between transects. Village 8 West is organized into 5 transects that include 9 zones as listed below: • T -1 Natural (encompassing the Open Space Preserve (OP) and Open Space (OS) Zones) • T -2 Suburban (encompassing the Neighborhood Edge (NE) and Neighborhood General (NG) Zones) • T -3 General Urban (encompassing the Neighborhood Center (NC) Zone • T -4 Town Center (encompassing the Town Center (T C) Zone) • SD Special District (encompassing the Parks (P), Community Purpose Facility (CPF) and Basin (B) Zones) Viewed as a series of sections from the south to the north, the site ranges from the natural T -1 transect (OS and OP Zones) to the more intense urban development of the T -4 (TC Zone) transect (see Attachment 4 — Regulating Plan). Each of these zones then regulates the building 5 -31 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 8 configuration, lot configuration, setbacks and encroachments for the various zones identified in the Regulating Plan. Thirteen separate building configurations are permitted within Village 8 West from the Conventional Homes in the south to the Stacked, Live /Work and the Commercial Block units in and around the Town Center. Building Configuration standards (Section 3.4 of the FBC) identify specific regulations for the design of buildings and the layout of lots to regulate important characteristics (pedestrian and vehicular access, open space, location of parking, etc.). The FBC also establishes general regulations (parking, temporary uses, lighting, etc.) that apply in all of the zones, as well as street standards that define the public realm. The implementation/administration of the FBC includes a number of features that are important to note: Intensity Transfers: This is an administrative process, conducted by the Zoning Administrator to ensure that Village 8 West maintains the intended minimum levels of intensity. The SPA Plan provides a target number of units and a range of non - residential square footage, but the SPA also recognizes the need for flexibility in planning to accommodate future development constraints and market demand. Unless a project is in exact conformance with the Site Utilization Plan Table, an intensity transfer is required. Any transfer of intensity (residential units or non - residential square footages) between planning areas with the same land use is permitted provided the transfer is consistent with: the SPA Plan; the circulation system and the technical studies of the associated Environmental Impact Report (EIR) as related to infrastructure; the overall target intensity of 2,050 residential units and 300,000 square feet of non - residential floor area is not exceeded; and a combined total of 117,000 (minimum of 100,000 square feet retail and 17,000 square feet of retail) is maintained in the remaining planning areas. Any other type of transfer will require a SPA Amendment. • Monitoring: Since the Village 8 West FBC permits intensity transfers, monitoring is necessary to ensure compliance with the FBC and SPA documents. The FBC establishes Intensity Monitoring Tables that are to be reviewed as part of the application completeness process. The applicant is also required to address and update the applicable SPA sections and tables as applications are brought forward. Circulation The Village 8 West Circulation and Corridor Design Plan provides for a system of roadway and trail corridors to support both vehicular and non - vehicular modes of transportation to serve the community. This system includes the extension of existing and planned roads, trails and transit from adjacent villages as well as internal systems to serve the village. Streets within the village are designed as "complete" streets in that they enable safe access for all users including pedestrians, bicyclists, motorists and transit riders. Complete streets provide the following benefits: 5 -32 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 9 • Improved safety for all users by providing adequate facilities for all users and reducing traffic speeds. • Balanced transportation systems that provide direct connections, variety of transportation choices and reduced traffic congestion. • Opportunities for healthier, more active lifestyles that include walking and bicycling. • A potential reduction in carbon emissions and dependence on oil by shifting trips to non - motorized and alternative modes of transportation. Regional access is currently provided by I -805 and SR -125 via Olympic Parkway and La Media Road. Future improvements will also connect the site via Main Street (formerly known as Rock Mountain Road) through the site in an east -west direction, connecting Village 8 West with Village 4 to the west and Village 8 East to the east. The Otay Ranch GDP plans for, and the SPA Plan implements the eventual expansion of the regional transit system by including stops for a planned Rapid Bus route along Main Street. The SPA Plan also plans for local transit. As mentioned earlier, the Village 8 West Town Center is designed around a pair of urban couplet streets along La Media Road and Main Street (see Attachment 5 — Vehicular Circulation). The couplet separates each roadway into a pair of one -way streets through the town center. Each one- way road consists of no more than two travel lanes and includes parallel parking on each side of the roadway, striped bike lanes and sidewalks. Reduced street widths, shade trees, minimized building setbacks and an intense mixture of uses required along the couplet frame the Town Center and provide a pedestrian friendly atmosphere. This one -way street system within the Town Center reduces pedestrian crossing distances and the number of left turn delays over conventional roadway designs due to the narrower street sections and the ability for "free" or non - signalized left turn movements. Parks Open Space and Trails The SPA Plan identifies and describes park, recreation, open space and trail facilities and their implementation within the proposed community. A pedestrian network is established through a network of trails, pathways, parks and open spaces. A 16.1 acre community park site will be the major park element in Village 8 West. In addition a 3.0 -acre Town Square within the Town Center, and a 7.5 -acre neighborhood park located in the southeastern portion of the project will provide residents active and passive recreational opportunities. The Village 8 West project contains a wide variety of open space areas to promote the overall open space element of the Otay Ranch. An average 75 -foot arterial buffer is provided along Otay Valley Road south of the Town Center, and a 15.6 —acre preserve parcel is also located on -site in the southwestern portion of the site. Perimeter slopes also create an additional 23.5 acres of open space. 5 -33 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 10 Consistent with the requirements of the Otay Ranch Resource Management Plan, the proposed project must convey land to the Otay Ranch Preserve. Each 1 -acre of developed land requires the dedication of 1.188 acres of land to the Otay Ranch Preserve, to be conveyed with the approval of each Final Subdivision Map. Pursuant to the requirements, Village 8 West has an obligation to provide approximately 194 acres to the preserve. The Village Pathway, that will connect all of the village cores within the villages of Otay Ranch, will cross the site along the northern leg of Main Street connecting the pathway to Village 7 on Magdalena Avenue and providing for a future connection to Village 4 (see Section 6 — Pedestrian Circulation) as well as Village 8 East. This segment will also provide a safe pedestrian corridor from the community to the Middle School in the northeastern portion of the community. Additionally, the Village Pathway will connect in a north/south direction along Street "A" and connect the Town Center to the Elementary School as well as provide a future connection for Village 8 East. The Village Pathway also provides a connection to the Regional Trail along the west and south side of La Media Road. The Regional Trail will provide access to the Otay Valley Regional Park as required by the Otay Ranch GDP. A shared sewer and stormwater access road will create the opportunity to connect residents to the OVRP via a 12- foot paved road along -side a 10 -foot decomposed granite path that will connect the neighborhoods to the greenbelt trail on the valley floor. Neighborhood trails are also planned to provide pedestrian connections between neighborhoods and typically occur on slopes between neighborhoods, at the end of cul -de -sacs, or where other site conditions do not allow for full roadway connections. Public Facilities The SPA Plan describes the public facility needs associated with the Village 8 West land plan. More specifically, the SPA Plan addresses the following facility needs: potable water, recycled water, sewer service, storm water drainage, urban runoff, public schools, child care facilities, police and fire service, library services, civic facilities and regional facilities. Please refer to the SPA Plan (Enclosure 1) pages 8 -1 through 8 -18 ,for more details. Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA) The PFFP, prepared for the city by Pacific Municipal Consultants (PMC), addresses all of the public facility needs associated with Village 8 West. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 — Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and policies of the City's General Plan, GMP, GMO and the Otay Ranch GDP. The PFFP analyzes the demand for facilities based upon the project's land use and transportation phasing plan. When specific thresholds are projected to be reached or exceeded based upon the analysis of the development of the project, the PFFP provides recommended mitigation necessary for continued compliance with the City of Chula Vista's GMP, GMO and associated 5 -34 - Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 11 Quality -of -Life Threshold Standards. The PFFP does not propose a different development phasing from that proposed by the Village 8 West SPA Plan, but may indicate that the development should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Quality of Life Threshold Standards. The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation yard, and other city administrative facilities. The PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 8 West plan and phasing program that was prepared by PMC as well. The Village 8 West FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation of all of the Chula Vista SPAS. The Framework utilizes the City of Chula Vista budget to identify and allocate variable revenues and costs that grow proportionally with incremental development, and sets up a consistent method to calculate revenue and cost impacts that may change according to the specific development program. Such variables include property taxes, vehicle license fees, sales tax receipts, and transient occupancy tax receipts. Based on the FIA and the assumptions contained therein, annual fiscal impacts are negative from Year 1 through Year 9 (assuming an Expenditure Real Inflation Rate of 0 %). In the first year there is a net fiscal deficit of approximately $29,200, which spikes in Year 6 at $87,200 and turns positive in Year 10 with a surplus of approximately $18,300. The fiscal surplus grows to an annual net fiscal surplus of approximately $540,000 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the early years' deficit. With more non - residential development underway between years 5 and 9, the deficit declines as more non - residential development is constructed resulting in additional property and sales taxes. From Year 10 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years. CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (Appendix A, SPA Plan). Community Purpose Facilities CVMC 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be reduced or complied with in an alternative manner based on the availability of shared parking for the use or through the provision of an extraordinary public benefit provided certain requirements are met. Pursuant to the provisions of the Land Offer Agreement (LOA), the Applicant agreed to provide a minimum of 4 acres of CPF land per village in addition to providing 50 acres of land for the 5 -35 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 12 University Park and Innovation District (LIPID). The applicant is proposing to satisfy this requirement by designating a 5.8 -acre parcel (Parcel R) for CPF uses in addition to the extraordinary benefit of providing 50 acres of land for the UPID and 160 acres of preserve land to meet its conveyance obligations. This public benefit would not have been obtained through the standard provision of land in each village and is similar in nature to other uses permitted within the CPF designation. The land will be available for UPID uses in compliance with the LOA. Air Quality Improvement Plan The City has included a Growth Management Element (GME) in its General Plan. One of the stated objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is incorporated into the GME's action program. In addition, the City's Growth Management Ordinance (CVMC 19.09) requires that an Air Quality Improvement Plan (AQIP) be prepared for all major development projects (50 dwelling units or greater) as part of the SPA Plan process. The AQIP for the proposed project must comply with the City's AQIP Guidelines. The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from development of Village 8 West and to demonstrate how the design for Village 8 West reduces vehicle trips, maintains or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect greenhouse gas emissions. A computer model (INDEX), prepared by Criterion Engineers & Planners was used to analyze the project's land use plans wherein certain threshold scores must be met for a set of key indicators. These "key indicators" include: Land Use • Use Mix • Use Balance • Neighborhood Completeness Housing • School Proximity to Housing • Transit Proximity to Housing Employment • Transit Proximity to Employment Recreation • Park Proximity to Housing Travel • Internal Street Connectivity • Intersection Density • _ Pedestrian Network Coverage • Residential Multi -Modal Access • Daily Auto Driving (3Ds Methodology) Climate Change • Residential Building Energy Use • Non - Residential Building Energy Use • Residential Building CO2 5 -36 Planning Commission PCM -09 -18 11 -20 -2013 PCS -09 -04 Item 5 -b & 5c Page 13 • Non - Residential Building CO Because of the project's mix of uses and other project design features, the project's INDEX analysis met the required Threshold Scores and complies with the City's adopted strategies for improving air quality and energy conservation. A full detailed analysis is contained in the SPA Plan (Appendix B). Nonrenewable Energy Conservation Plan The Otay Ranch GDP requires the preparation of a Non - Renewable Energy Conservation Plan to identify feasible methods to reduce the consumption of non - renewable energy sources. Categories identified in this plan where reductions may occur include, but are not limited to, transportation, building design and use, lighting, recycling and land use. The following opportunities for energy conservation were identified: Transportation • Reduced Vehicle -Trip Miles • Alternative Travel Modes • Increase Use of Transit • Roadway Pavement Width and Street Trees Building Design and Use • Housing Efficiency • Solar Orientation • Use of Better - Insulated Buildings Efficiency • Water Conservation • Use of Energy Efficient Appliances • Use Improved Construction Standards • Use of Solar Energy Systems Lights • Energy Efficient Public Lighting • Energy Efficient Private Lighting Recycling • Residential and Commercial Recycling • New Construction Waste Reduction Land Use • Reduce Reliance on the Automobile • Regional Mass Transit Facilities With all of the features identified above being implemented by the Village 8 West SPA Plan, the SPA Plan is consistent with the goals, objectives and policies of the Otay Ranch GDP. Please refer to the Non - renewable Energy Conservation Plan for additional details (Appendix C, SPA Plan) 5 -37 Planning Commission PCM -09 -18 PCS -09 -04 Preserve Edge Plan 11 -20 -2013 Item 5 -b & 5c Page 14 In accordance with Policy 7.2 of the Otay Ranch Resource Management Plan (RMP), a Preserve Edge Plan is to be developed for all SPA Plans that contain areas adjacent to the Otay Ranch Preserve. The purpose of the Preserve Edge Plan is to identify allowable uses within appropriate land use designations for areas adjacent to the preserve. The Preserve Edge Plan identifies relevant policies from the City's MSCP Subarea Plan as well as compliance measures that are to be implemented by the SPA Plan. The Preserve Edge Plans analyzes "edge effect issues areas" such as: drainage, toxic substances, lighting, noise, invasives, buffers and access restrictions. Compliance with the Preserve Edge Plan is implemented through a condition of approval on both the SPA Plan and the Tentative Map.. Please refer to the Preserve Edge Plan for additional details (Appendix D, SPA Plan). Fire Protection Plan The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. In addition, the California Fire Code requires a FPP with all new development based on its proximity to the Urban Wildland Interface. The focus of the Village 8 West FPP is limited to three areas: Fire Protection Planning Area A, which are the lands adjacent to the Otay Ranch Preserve along the project's southern boundary; Fire Protection Planning Area B, which is adjacent to the project's easterly boundary and the slopes of Rock Mountain; and, Fire Protection Planning Area C, which consists of the interior manmade slopes within the village. In order to provide the necessary defensible space for fire suppression and to reduce the radiant heat and convective heat that would result from a fire, each of these Planning Areas are broken into Fuel Management Zones (FMZ). Planning Area A is assigned three 50 -foot zones that permit specific plant types and planting requirements. Zone 1 is typically adjacent to a rear property line and is 50 feet in width; however, it also includes some of the backyard areas in Neighborhoods V and P and would prohibit structures being built within it. Zone 2 will extend from 50 to 100 feet and Zone 3 extends from 100 to 150 feet and is adjacent to the preserve. A detailed plant list included in the FPP identifies the plant palette and planting and maintenance requirements for each of these zones. Planning Area B consists of two zones that are adjacent to the rear property line and 50 feet in width. Zones 1 and 2 have the same requirements as Planning Area 1 Zones 1 and 2, however they have a different plant palette as described in the FPP. Planning Area C is composed of steep manufactured interior slopes that contain 2:1 slopes or greater and an elevation change of at least 10 feet. This zone varies in width depending on the size of the slope. Types and spacing of plants, trees and shrubs are outlined in the Landscape Master Plan. Please refer to the Fire Protection Plan for more details (Appendix F, SPA Plan). 5 -38 P yr, Planning Commission PCM -09 -18 PCS -09 -04 Water Conservation Plan 11 -20 -2013 Item 5 -b & 5c Page 15 The City of Chula Vista's Growth Management Ordinance requires that all development of 50 units or more prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan presents a review of presently available technologies and practices that result . in water conservation in primarily residential development. This plan identifies water conservation measures that will be incorporated into the project as a condition of approval on the SPA Plan. The Village 8 West WCP requires that residential development provide hot water pipe insulation, pressure reducing valves and water efficient dishwashers. In addition, to comply with the City's current water conservation requirements, the developer will also include dual flush toilets and water efficient landscaping. Together these three measures annually save approximately 8,850 gallons per single - family unit and approximately 17,975 gallons per multi - family unit. The proposed conservation measures outlined above, and identified in the Village 8 West WCP, comply with the City of Chula Vista's Growth Management Ordinance and the goals, objectives and policies of the City's General Plan and the Otay Ranch GDP. Please refer to the Water Conservation Plan for more details (Appendix G, SPA Plan). Affordable Housing Plan The Chula Vista General Plan Housing Element contains objectives, policies and action programs to accomplish key affordable housing objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households; one -half of these units (5% of the total project) being designated for low income, and the other half (5 %) to moderate income households. Within Village 8 West, at total of 205 affordable units, including 103 low- income units and 102 moderate - income units, will be provided. This Plan identifies that the affordable housing sites will be located within multi - family neighborhoods within, or immediately adjacent to the Town Center, in close proximity to public transportation, schools, parks, retail commercial and community purpose facilities. This plan complies with the affordable housing requirements of the City's General Plan and the Otay Ranch GDP. As a condition of approval of the Tentative Map, the applicant will 'be required to enter into a subsequent agreement with the City to ensure implementation of the low and moderate - income units. Please refer to the Affordable Housing Program for further details (Appendix H, SPA Plan). Tentative Subdivision Map (PCS- 09 -04) The Village 8 West Tentative Map proposes the subdivision of 300.3 acres of land into 12 multi- family development parcels, two (2) small lot single - family neighborhoods that will likely be subdivided again, 331 traditional single - family sites, a Community Purpose Facility (CPF) site, an Elementary School site, a Middle School Site and three (3) park sites. There will be approximately 39 acres of Open Space, a 2.4 -acre stormwater detention basin and approximately 30 acres of land devoted to streets. The Village 8 West Tentative Map includes a number of large 5 -39 Planning Commission PCM -09 -18 PCS -09 -04 11 -20 -2013 Item 5 -b & 5c Page 16 parcels that may be resubdivided as development projects are submitted. The SPA Plan and the design process described in the Form Based Code will control the dwelling unit counts within each of these larger parcels and ensure that development occurs in an orderly manner. The overall grading concept results in a development site that is sloped from the north to the south. The grading proposes a balanced grading program with approximately 4.7 million cubic yards of cut and fill. In compliance with the requirements of the City's General Plan and the Otay Ranch GDP, contour grading techniques will be utilized on all manmade slopes. DECISION -MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware, nor has staff been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. RELATIONSHIP TO THE CITY'S STRATEGIC PLAN The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Village 8 West Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master - planned communities). The Village 8 West implementation documents (the SPA Plan and TM) support the development of a quality master - planned community (as described above) and allow the City the opportunity to accept lands for the University Park and Innovation District, as agreed to in the Land. Offer Agreement between the City and the Otay Land Company which will provide access to education for the citizens of Chula Vista and south bay. CONCLUSION Within Village 8 West, the proposed land uses, development intensities and grading program directly implement the provisions of the City's General Plan and the Otay Ranch General Development Plan. The proposed project provides all of the public facilities required by the Otay Ranch GDP. The development of a transit oriented Town Center with zoning regulations that further implement pedestrian- oriented policies is in conformance with the goals, objectives and policies of the General Plan and the Otay Ranch GDP. CURRENT YEAR FISCAL IMPACT The processing for the SPA Plan, Tentative Map and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city on the Village 8 West project. 5 -40 N Planning Commission PCM -09 -18 PCS -09 -04 ONGOING FISCAL IMPACT 11 -20 -2013 Item 5 -b & 5c Page 17 As noted earlier in this report, a Fiscal Impact Analysis (FIA) was prepared for the Village 8 West SPA Plan and TM. As presented in more detail in the FIA chapter of the SPA Plan (Appendix A, SPA Plan), and based on a set of development phasing assumptions, annual fiscal impacts are negative from Year 1 through Year 9 (assuming an Expenditure Real Inflation Rate of 0 %). In the first year there is a net fiscal deficit of approximately $29,200, which spikes in Year 6 at $87,200 and turns positive in Year 10, with a surplus of approximately $18,300. The fiscal surplus grows to an annual net fiscal surplus of approximately $540,000 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the deficit. With more non - residential development underway between years 5 and 9, the deficit declines as more non - residential development is constructed resulting in additional property and sales taxes. From Year 10 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years. Because the Chula Vista Municipal Code requires that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues ", a condition of approval has been added to the Tentative Map that requires the applicant enter into an agreement to provide such funding. Attachments: 1. Locator Map 2. Site Utilization Plan 3. Site Utilization Plan Table 4. Regulating Plan 5. Vehicular Circulation Exhibit 6. Pedestrian Circulation Exhibit Enclosures: 1.. Village 8 West SPA Plan (on disc) 2. Village 8 West TM (on disc) Prepared by: Scott Donaghe, Principal Planner, Development Services Department h: \dsd \boards & commissions \planning commission\2013 meetings \11 -20- 2013 \village 8 west spa & tm \spa_tm \v8w spa -tm draft pc agenda statement.doc 5 -41 .;74. 5-42 - LOCATOR MAP Village 6 Freeway Comm. V, Village 11 475 1 %,f* Lower BIRC Eastern Otay Reservoir m Urban Village 2 > Center M (Millenia) University Village 7 m Village 9 C) Otay m Planning Area 10 Landfill Village 4 Village 8 Village 8 East Village 3 West O�Gr� .- 0 O\SGO N 0\ PROJECT •-•• .................... N LOCATION' W E + ATTACHMENT 1 s 5-43 5-44 v �o i Ota .R�nCh V-7 E- rje- .? r Con. mlinrty Pxk _ - Uorac Ott t _ i`IIGH'SCHOOL � . 70 IL Legend - Land Use W; Town Center (TO Medium -High Density Residential (MH) PAed.ium Density Residential (M) Low-Medium Density Residential Village (ON) Open Space (OS) Open Space (Pres , e) Park (P) School Exhibit 2.1 -Site Utilization P(an Attachment 2 5 -45 'Lotting and Gradmcj to be. Determined at Tentative Ivtap 5 -46 Table 2.1 - Site Utilization Summary Commercial and Residential H -2 1.3 o _ ��r►t�.8�4st`dyE_ 0 10:12 Planning Gross Transecs'? Target Target C'ml Range Area Acres T-4: TC Res.. Units 1�1 in Sq.Ft. (K) 8 1.4 T -4: TC 35 0 C 6.9 T4 TC 156 8 -3(5 F 10 T -4: TC 54 0 -25 H -1 7.8 T-4: TC 33 84 -144 H -2 1.3 T 74: TC 0 10:12 1 5.4 T-4: TC 161 0-18 L 14.2 T-4: TC 460 15.65 X 0.7 T-4: TC 0 0 Subtotal Planning Area 40.7 899 edmm- r9 _ ensr esr a fro Gross Transecs') Target Acres Res. Units"' 117 - 300 a E 5.3 T -INC 95 11.4 I 6.8 T -INC 122 31.6 M .8.5 T -IN C 153 Gross Acres 0 8.9 T -3:NC 160 (Ac.) Subtotal Planning Area 29.5 Gross Acres c Transecs ,) 530 es Target Res. UnitsW 17.4 Q 14.7 T -2:NG 160 3.0 U 11.5 T -ING 130 7.5 Subtotal Planning Area 26.2 LT&n Gross Acres r es Transedl) 290 n� Target Res. Unitso' a N 19.6 T 2:NE 117 P 26.9 7-2NE 124 Gross Acres V 203 T -INE 90 (Ac.) Subtotal 67.0 Y 331 15.6 T-1: OP Preserve (NI5CP) Public, Quasi Public, and Other Planning GDP Gross Acres Transecs'? Description Area Land Use R MH 5.8 SD: CPF CPF Subtotal 5.8 Planning GDP Gross Acres Transect(') Description Area Land Use (Ac.) 5D: R Basin D TC 20.2 T -4; TC Middle S MH 11.4 T -3: NC Elementary Subtotal 31.6 Planning GDP Gross Acres Transecs" Classification Area Land Use (Ac.) A P 17.4 5D: P Community G TC 3.0 SO. P Town Spare T P 7.5 SD: P Neighborhood Subtotal 27.9 Planning GDP Gross Acres Transect)') Classification Area Land Use (Ac.) Y CVOSP(e) 15.6 T-1: OP Preserve (NI5CP) OS -1 OS- 23.5 T -1: OS Open Space Subtotal 39.1 Planning Area GDP Land Use Gross Acres (Ac,) Transectr'). Description w TC 2.4 5D: R Basin Right -of -Way NA 30.1 NA Arterials Subtotal 32.5 Notes: 1. Transacts are defined in Chapter 3 2. See Chapter 9. regarding Intensity Transfers and minimum commercial square footage requirements. 3. 17,000 sf of office and 100,000 sf of retail for the low range; 50,000 sf of office and 250,000 sf of retail for the high range (excludes LivelWorkc 4. As Defined by CVMC 19.48 5. School sites will revert to the underlying use if sites are not accepted by the school district: Parcel D shall revert to Town Center and Parcel S shall revert to Medium -High Density Residential 6. Chula Vista Open Space Preserve 7. Acreage does not include 19.6 -acre San Diego Reservoir Attachment 3 5 -47 5-48 - -�N- Qty Panch arj� � V irige 7 GammuRrty Perk " Uo�txSrta t _ u _ _ -. ' >bGfl�fPlAN t_ ''• ttlGtl���,'• fr r� 70 5R- 125 v B . N. e od NAP u d Attachment 4 5 -49 Legend - Transect : Zone T -l: Open Space Preserve (OP) T -t: Open Space (OS) T -2: Neighborhood Edge (NE) T -2: Neighborhood Genera( (NG) T•3: Neighborhood Center (NC) T•4: Town Center (TC} SD: Park (P) SD-. Community Purpose Facility (CPF) SD: Basin (B) *Lotting and Grad.rng to be Determined at Tentative Map 't iAN '.�fa: a • . PCt7' 0o x� cw Exhibit 3.2 - Regulating Plan 5-50 -- JI. I- bLV Legend - GDP Roadway Designations Town Center Arterial 6-Lane Prime n 4-Lane Major Residential Collector Parkway Residential! Service RoacP Transition -6 Lane Prime to of 4 Lane Town Center Arterial Transition • 4 Line Major to 4 Lane Town Center Arterial 4�4 Potential Transit Stop/StafO Potential Local Transit Rcp3 Notes: 1. Alignment of parkway residential streets to be determined by Tentative Map(s) 2. Also serves as the Greenbelt trail (.See Section 5.6.13) 3. Refer to Exhibit 5.7 for Transit Routes Exhibit 5.2 - Vehicular Circulation Attachment 5 5-51 - VA -7 community Park A C r, C) commmty P.;rk (rc) ...4 Middle 5choa Site a (TC) 5t. M.Wn TO HI H2 bLV Legend - GDP Roadway Designations Town Center Arterial 6-Lane Prime n 4-Lane Major Residential Collector Parkway Residential! Service RoacP Transition -6 Lane Prime to of 4 Lane Town Center Arterial Transition • 4 Line Major to 4 Lane Town Center Arterial 4�4 Potential Transit Stop/StafO Potential Local Transit Rcp3 Notes: 1. Alignment of parkway residential streets to be determined by Tentative Map(s) 2. Also serves as the Greenbelt trail (.See Section 5.6.13) 3. Refer to Exhibit 5.7 for Transit Routes Exhibit 5.2 - Vehicular Circulation Attachment 5 5-51 - 5 -52 U�I ek s: 4Connect to Otay Valley . i 1Rcgtonal Park Trail 5ysterri Legend ,•••••• Sidewalk 000 Village Pathway ® Regional Trail ■ a ■ a Greenbelt Trail' •* • • Neighborhood Trail •ar,• Additional Pedestrian Connection Potential Transit Stop/Station' • Potential Local Transit StW Notes: t. Also, serves as Service Road (See Section 5.6.13) 2. Actual location and Alignment to be Determined by Site Plans for each Planning Area 'rf grades permit. 3. Trail connections should be accommodated for prior to approval of the final grading: plan. 4. Refer to Exhibit 5.7 for Transit Routes 9r�ffr- J' • AGL' Exhibit 5.4 - Pedestrian Circulation Attachment 6 5 -53 .,, :. orgy Ranch c ' r..muraty Park Ca 5 Vi4ve -7 dn�,[v��st I�c�l't -iG SltC :F, -- A C � CiRfti(�43N � Comm nl lty Park _ M ddk 5 -hoof Sits 8 F. rvr T NI 5E -125 U�I ek s: 4Connect to Otay Valley . i 1Rcgtonal Park Trail 5ysterri Legend ,•••••• Sidewalk 000 Village Pathway ® Regional Trail ■ a ■ a Greenbelt Trail' •* • • Neighborhood Trail •ar,• Additional Pedestrian Connection Potential Transit Stop/Station' • Potential Local Transit StW Notes: t. Also, serves as Service Road (See Section 5.6.13) 2. Actual location and Alignment to be Determined by Site Plans for each Planning Area 'rf grades permit. 3. Trail connections should be accommodated for prior to approval of the final grading: plan. 4. Refer to Exhibit 5.7 for Transit Routes 9r�ffr- J' • AGL' Exhibit 5.4 - Pedestrian Circulation Attachment 6 5 -53 .,, :. 5-54 RESOLUTION NO. PCM -09 -18 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM AND OTHER REGULATORY DOCUMENTS ON APPROXIMATELY 300.3 ACRES OF LAND IN THE VILLAGE 8 WEST PORTION OF THE OTAY RANCH WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit "A" which is incorporated into the Resolution by this reference, and for the purpose of general description consists of approximately 300.3 acres (APN # 644 - 070 -12 -000) generally located south of the existing terminus of La Media Road, and southwest of the intersection of Magdalena Avenue and Main Street ( "Project Site "); and WHEREAS, on July 30, 2009, a duly verified application requesting approval of a Sectional Plan Area (SPA) Plan (PCM- 09 -18) was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant'and "Owner "); and WHEREAS, said Applicant requests approval of a SPA Plan and Appendices, which are incorporated therein, including Planned Community District Regulations / Development Code (Form Based Code), to develop 300.3 Acres with 1,429 multi - family residential units, 621 single - family residential units, and 300,000 square feet of commercial and office uses (Project) on said Project Site; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA- 09 -01, and Otay Ranch General Development Plan Amendment GDPA 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH #2004081066 (SEIR 09- 0l ); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and determined that the Project would result in a significant impact to the environment, and therefore a Second -Tier Environmental Impact Report CV EIR 10 -03 has been prepared; and, WHEREAS, the Planning Commission finds that Environmental Impact Report (EIR 10 -03) has been prepared in accordance with the requirements of CEQA, the State CEQA Guidelines 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 by the City of Chula Vista Planning Commission 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 hearing; and 5 -55 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 20, 2013, in the Human Resources Training Room B -111 and B -112 in Building C, 276 Fourth Ave. before the Planning Commission, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of a Sectional Planning Area (SPA) Plan for Otay Ranch Village 8 West SPA (PCM- 09 -18) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving the Otay Ranch Village 8 West SPA Plan (PCM 09- 18) including: Planned Community District Regulations and Design Plan (Form Based Code); Public Facilities Finance Plan; Affordable Housing Program and other regulatory documents; and approve an Ordinance adopting the Planned Community District Regulations (Form Based Code), all on 300.3 acres of land in Village 8 West in accordance with the findings contained in the attached Draft City Council Resolution and Ordinance and Exhibits thereto, and that a copy of this Planning Commission Resolution and Draft City Council Resolution and Ordinance and Exhibits thereto be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th day of November 2013, by the following vote, to -wit: AYES: NOES: ABSENT: ATTEST: Patricia Laughlin, Secretary Lisa Moctezuma, Chairperson h: \dsd \boards & commissions \planning commission\2013 meetings \11 -20- 2013 \village 8 west spa & tm \spa_tm \v8w draft pc spa reso.doc 5 -56 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE EIGHT WEST SECTIONAL PLANNING AREA (SPA) PLAN PROPOSING 621 SINGLE - FAMILY DWELLING UNITS, 1,429 MULTI- FAMILY DWELLING UNITS, AND 300,000 SQUARE FEET OF RETAIL AND OFFICE USES FOR AN APPROXILATELY 300.3 ACRE SITE LOCATED SOUTH OF THE EXISTING TERMINUS OF LA MEDIA ROAD, AND SOUTHWEST OF THE INTERSECTION OF MAGDALENA AVENUE AND MAIN STREET. I. 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 Otay Ranch Village 8 West, and for the purpose of general description herein consists of approximately 300.3 acres generally located south of the existing terminus of La Media Road, and southwest of the intersection of Magdalena Avenue and Main Street (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, on July 30, 2009, a duly verified application requesting approval of Sectional Plan Area (SPA) Plan (PCM- 09 -18), was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, the proposed SPA Plan is entitled "Sectional Planning Area Plan, Village 8 West, May 2013" which includes and is incorporated therein all of the attached Appendices, on file in the Office of the City Clerk; and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a General Plan Amendment GPA- 09 -01, and the Otay Ranch General Development Plan Amendment GDPA 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH 92004081066 (SEIR 09 -01); and 5 -57- Resolution No. Page 2 D. Environmental Determination WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Village 8 West Sectional Planning Area and Tentative Map Environmental Impact Report CV -EIR 10 -03; and E. Planning Commission Record of Application WHEREAS, the Development Services Director 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 .November 20, 2013 and voted x -x -x -x 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 November 20, 2013 and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; 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 hearings, together with its purposes 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 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 on December 17, 2013 in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. The proceedings and any documents submitted to the City Council as the decision - makers shall comprise the entire record of the proceedings; and WHEREAS, immediately prior to, this action, the City Council reviewed and certified Final EIR 10 -03 (FEIR- 10 -03) and adopted the Findings of Fact, Statement of Overriding 5 -58 - Resolution No. Page 3 Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution XXXX. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, reviewed and certified FEIR -10 -03 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, which are attached to this Resolution as Exhibit `B ". III. SPA FINDINGS A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS SEVERAL ELEMENTS. The proposed Village Eight West SPA Plan reflects land use designations, circulation, and public facilities that are consistent with the Otay Ranch General Development Plan and the City of Chula Vista General Plan. The proposed SPA Plan is compatible with previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed SPA Plan can be planned and zoned in coordination and substantial compatibility with surrounding development. B. THE PROPOSED SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The proposed Village Eight West SPA Plan will promote the orderly sequentialized development of the SPA Plan area because the project will be developed in a manner that is consistent with the project's Form Based Code, Phasing Plan, and Public Facilities Financing Plan. C. THE PROPOSED SPA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed SPA Plan has been reviewed and has been. determined to be consistent with the overall land use pattern and circulation system envisioned in 5 -59 •mil 'S' Resolution No. Page 4 the Otay Ranch General Development Plan. Environmental Impact Report FEIR - 10 -03 and its associated Mitigation Monitoring and Reporting Program have been prepared and any impacts associated with the proposed SPA Plan would be mitigated to the extent feasible. Thus, the proposed SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. IV. CONDITIONS OF APPROVAL Prior to approval of any land development permits, the Applicant shall demonstrate that the applicable Air Quality Improvement Plan (AQIP) project design features and measures outlined in the Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 2. Prior to issuance of building permits or approval of landscape construction plans, the Applicant shall implement the applicable mandatory water quality conservation measures . of the Water Conservation Plan of the SPA Plan. 3. Prior to approval of any Project proposing private development of property designated for a school use, prior to the expiration of the school site reservation, the Applicant shall: a. Provide evidence and proof of agreement from the applicable school district that the site has not been determined by the district to be needed for use as a school site. b. Obtain approval of a SPA and Administrative Amendment approving the underlying use for the site(s) pursuant to SPA Section 9.3.2.B. 4. 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 the purpose of this document "Developer" shall have the same meaning as "Applicant." 5. 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. 6. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and 5 -60 - ass: Resolution No. Page 5 employees harmless from and against any and all claims, liabilities and costs, including attorneys' fees, arising from challenges to the Village 8 West Sectional Planning Area Plan and Tentative Map Environmental Impact Report (CV- EIR- 10 -03) Mitigation Monitoring and Reporting Program for the Project, the Otay Ranch Village 8 West Sectional Planning Area (SPA, PCM- 09 -18) Plan, and/or any and all entitlements issued by the City in connection with the Project. The Applicant and the City agree that the indemnity provisions contained in the Development Agreement satisfy this condition. 7. The Applicant shall comply with all conditions of approval, guidelines, policies, and any other applicable requirements of the following plans and programs, as amended from time to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance, CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan (RMP) Phase 1 and Phase 2, including the Preserve Conveyance Schedule; City of Chula Vista Adopted Parks and Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village 8 West Sectional Planning Area (SPA, PCM- 09 -18) Plan and supporting appendices, including: Public Facilities Finance Plan (PFFP), Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Agricultural Plan, Fire Protection Plan, Non - Renewable Energy Conservation Plan, Preserve Edge Plan, and Water Conservation Plan (WCP), as amended from time to time; and Village 8 West Tentative Map (TM) CVT- 09-04. The Project shall comply with all mitigation measures specified in the Otay Ranch Village 8 West Sectional Planning Area Plan and Tentative Map Environmental Impact Report (CV- EIR- 10 -03) Mitigation Monitoring and Reporting Program, to the satisfaction of the Development Services Director. 8. The Applicant acknowledges and agrees to comply with the provisions of the City of Chula Vista Greenbelt Master Plan (September 16, 2003) as expressed in the SPA Plan. 9. The Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Overall park obligation shall be met through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Development Services. 5 -61 - Resolution No. Page 6 10. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Development Services and the City Engineer. 11. The Applicant shall enter into supplemental agreement(s) with the City, prior to approval of each Final Map for any phase or unit, whereby: a. The Developer agree(s) that the City may withhold building permits for any units within the Project Site in order to have the Project comply with the Growth Management Program; or, if anyone of the following occur: i. Regional development threshold limits set by a Chula Vista transportation - phasing plan, as amended from time to time, have been reached. ii. Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. iii. The project's required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the project entitlements including the Development Agreement to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City's Director of Development Services and the City Engineer. The Developer agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for the Project if the project's required public facilities, as identified in the PFFP or in accordance with the Development Agreement are not meting the City's standard operating thresholds. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 12. After final SPA approval, the Applicant shall submit electronic versions of all SPA documents, including text and graphics, to the Development Services Department in a format specified and acceptable to the Development Services Director. 13. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted for approval by the City of Chula Vista Fire Marshall. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: 5 -62 - Resolution No Page 7 a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Marshall. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshall. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshall. V. 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. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer have each read, understood and agreed to the conditions contained in Resolution No. , and will implement same to the satisfaction of the Development Services Director. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer, and a signed, stamped copy returned to the City Clerk Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer'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 5 -63 Resolution No. Page 8 Signature of Developer Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so 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 are gained by Applicant or successor in interest by the City approval of this Resolution. VIII. 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 Council so determines in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect ab initio. BE. IT FURTHER RESOLVED, that based on the above- referenced Findings and Conditions of Approval, the City Council does hereby approve the Village Eight West SPA Plan. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney h: \dsd \boards & commissions \planning commission\2013 meetings \11- 20- 2013\village 8 west spa & tm\spa_tm \v8w draft cc spa reso.doc 5 -64 - 't- RESOLUTION NO. PCS -09 -04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE MAP CVT -09 -04 (PCS- 09 -04) FOR THE OTAY RANCH VILLAGE 8 WEST PROJECT WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit "A" which is incorporated into the resolution by this reference, and for the purpose of general description consists of approximately 300.3 acres (APN # 644 - 070 -12 -000) generally located south of the existing terminus of La Media Road, and southwest of the intersection of Magdalena Avenue and Main Street (Project Site); and WHEREAS, on July 30, 2009, a duly verified application requesting approval of a Tentative Subdivision Map Chula Vista Tract No. 09 -04 (PCS- 09 -04) was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, Applicant requests approval of a Tentative Map to divide approximately 300.3 acres into parcels for the development of 1,429 multi - family residential units, 621 single - family units, and 300,000 square feet of commercial and office uses (Project) on said Project Site; and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and determined that the Project would result in a significant impact to the environment, and therefore Village 8 West Sectional Planning Area and Tentative Map Environmental Impact Report EIR -10 -03 (EIR- 10 -03) has been prepared; and WHEREAS, the Development Services Director set the time and place for a hearing by the City of Chula Vista Planning Commission 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 hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 20, 2013, in the Human Resources Training Room B -111 and B -112 in Building C, 276 Fourth Ave. before the Planning Commission, and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council certify EIR -10 -03 and adopt, subject to the conditions and in accordance with the findings contained in the attached Draft City Council Resolution and Exhibit thereto, a resolution approving the Project and that a copy of this Planning ConirniSsion Resolution and Draft City Council Resolution and Exhibit thereto be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th day of November 2013, by the following vote, to -wit: AYES: NOES: 5 -65 ABSENT: Lisa Moctezuma, Chairperson ATTEST: Patricia Laughlin, Secretary h: \dsd \boards & commissions \planning commission\2013 meetings \11 -20- 2013 \village 8 west spa & tm \spa_tm \v8w draft pc tm reso.doc 5 -66 - COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE 8 WEST PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN I. RECITALS WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A ", attached hereto and incorporated herein by this reference for the purpose of general description consists of 300.3 acres, and identified in County Assessor Records as APNs 644 - 070 -12 -00 and 644 - 070 -14 -00 , (Project Site); and WHEREAS, on July 30, 2009, duly verified applications requesting approval of a Tentative Subdivision Map (PCS- 09 -04), Chula Vista Tract No. 09 -04 (Tentative Subdivision Map), Sectional Plan Area (SPA) Plan (PCM- 09 -18), General Development Plan (PCM- 09 -11) (GDP), and General Plan Amendment (GPA- 09 -01), were filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, the development of the Project Site has been the subject matter of General Plan Amendment GPA- 09 -01, and the Otay Ranch General Development Plan Amendment GDPA- 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH92004081066 (SEIR- 09 -01); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Village 8 West Sectional Planning Area and Tentative Map Environmental Impact Report EIR- 10 -03, SCH 92010062093 (EIR- 10 -03); and WHEREAS, on December 17, 2013, the Applicant obtained approval of the Otay Ranch Village 8 West Sectional Planning Area (PCM 09 -18) establishing the pattern of land uses and circulation, polices to guide the development of the Project Site, and establishing the zoning for the property, wherein the City Council, in the environmental evaluation of said Sectional Planning Area, reviewed, considered and certified Final_.EIR -10 -03 (FEIR- 10 -03) and adopted the Findings of Fact, Statement of Overriding Considerations, an Mitigation Monitoring and Reporting Program, pursuant to Resolution XXX; and WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 300.3 Acres into parcels supporting 1,429 multi - family residential units, 621 single - family residential units, and 300,000 square feet of retail and office uses (Project) on said Project Site; and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of 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 5 -67 Resolution No. 2013 - Page 2 owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 20, 2013; the Planning Commission took public testimony; heard staffs' presentation; and reviewed and considered EIR- 10 -03, and the Project; and WHEREAS, following staff s presentation and hearing of public comments, the Planning Commission considered all evidence and testimony presented and voted 0 -0 -0 -0 to recommend that the City of Chula Vista City Council certify FEIR -10 -03 and approve the Project; in accordance with the Findings and subject to the conditions contained in this Resolution; and WHEREAS, following the Planning Commission's public hearing on the Project, a hearing time and place was set by the City Council for consideration of 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 boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council on December 17, 2013 in the Council Chambers, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, immediately prior to this action, the City Council reviewed and certified FEIR -10- 03 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution XXXX- NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on November 20, 2013, including their vote upon Planning Commission Resolution No. PCM -09 -08 recommending approval of the Project, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, on December 17, 2013, reviewed and certified FEIR -10 -03 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program by Resolution XXX. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council fords that the Tentative Subdivision Map, as conditioned herein for the Otay Resolution No. 2013 - Page 3 Ranch Village 8 West Project (Project), is in conformance with the, elements of the City's General Plan, based on the following: 1. Land Use and Circulation The Project is consistent with and implements the Otay Ranch Village 8 West Sectional Planning Area (SPA) Plan by establishing developable parcels, public improvements and public facilities that will create an intensified mixed -use Town Center and other complementary land uses, including community purpose facilities, public schools and parks, and residential neighborhoods that offer a variety of housing types and densities. The Town Center would be comprised of integrated commercial, residential, office and town square uses that would encourage use of alternative modes of transportation and reduce reliance on the automobile. The Project will be designed to encourage residents to utilize alternative modes of transportation such as rapid bus service, pedestrian sidewalks and trails, and bicycle lanes. The Project has been designed to include a vehicle circulation system that complies with the requirements of the City General Plan, Otay Ranch GDP, and Otay Ranch Village 8 West SPA plan. The circulation system includes Main Street to be developed with two one -way, two -lane couplet streets with reduced lane widths and bulb -outs at intersections, which will enhance pedestrian comfort and safety in the Village Core. The construction of the circulation system will be phased in accordance with the Village 8 West SPA's Public Facilities Financing Plan (an appendix thereto) (PFFP), such that the development of the circulation system will respond to planned growth and maintain acceptable levels of service, as required by the City's Growth Management Program. 2. Economic Development The Project will contribute to the economic base of the City by providing a new, high - quality, energy- efficient mixed -use Town Center that will create a significant employment center that includes commercial, office and multi - family residential uses, that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. Approval of the Project will help achieve the General Plan objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. Public Facilities and Services To fulfill educational needs of students residing in Village 8 West, a 20.2 acre Middle School site and an 11.4 acre Elementary School site have been reserved as described in the PFFP for acquisition by the Sweetwater High School and Chula Vista Elementary School Districts, respectively. The Project site is currently located in the attendance area of the Olympian High School and Rancho Del Rey Middle School, but enrollment in those schools is expected to exceed capacity at the time the Project is developed, therefore Project residents may attend schools in adjacent neighboring villages as determined by the Sweetwater High School District. The Sweetwater High School and Chula Vista Elementary School Districts would be able to accommodate the additional students generated by the Project, and the existing schools would not be adversely impacted by the approval of the Project. 5 -69 f�.yi Resolution No. 2013 - Page 4 The Project Site is within the boundaries of the City of Chula Vista wastewater services area. Sewer capacity needs for the Project, in conjunction with long -term growth in the area, have been analyzed in the PFFP. Sewer capacity will be available to serve the Project subject to the PFFP requirements, which are included as Conditions of Approval for the Project. Based on these requirements, no adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the Project. The Project has been conditioned to dedicate parkland for one neighborhood park, the Town Square, and the on -site portion of the Otay Ranch Community Park. The total dedicated park acreage is expected to be approximately 27.1 acres overall, which exceeds the 17.8 acres required for Village 8 West. The excess acreage will be applied to the Village 9 park obligation. Phasing of park facilities and maintenance has been addressed in the PFFP. The actual park facilities and amenities will be determined in conjunction with the park master plan process for each individual park. The applicant will also be required to pay park acquisition and development fees prior to issuance of Final Maps/building permits. 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. The City Engineer, Fire and Police Departments - have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. Project construction will be required to comply with the applicable California Green Building Standards, the City's Green Building Standards and the City's Energy Efficiency Ordinance in affect at the time of building permit issuance, and therefore energy- efficient homes will be developed. 4. Housing The Project will provide a variety of housing types, including high- quality, market - rate single -and multi - family residential home ownership opportunities, as well as affordable housing opportunities, as required by the Affordable Housing Program prepared for Project. The Project has been conditioned to require that the Applicant enter into an agreement to provide affordable housing prior the approval of the first Final Map. Thus the Project is consistent with the Housing Element of the City's General Plan by providing additional opportunities for high - quality, market -rate single - family residential home ownership in the southwestern portion,of the City. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because a PFFP has been prepared as required by the Growth Management Oversight Commission (GMOC). These PFFP requirements have been included in the Project's conditions of approval. 6. Environmental The Project EIR -10 -03 addressed the goals and policies of the Environmental Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one -acre of developed land prior to approval of any Final Map, which is equivalent to approximately 194.1 acres. The Project has been conditioned to dedicate Multi- 5 -70 Resolution No. 2013 - Page 5 species Conservation Plan (MSCP) open space preserve lands prior to approval of the Final Map. The Project is consistent with the requirements of the Otay Ranch Resource Management Plan (RMP) and MSCP Subarea Plan. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that 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. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City 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 development because it will be developed in conformance with the Otay Ranch Village 8 West SPA Plan and EIR- 10 -03, which contain provisions to ensure that the site is developed in a manner that is consistent with the standards established by the City for a master — planned community. E. The conditions herein imposed on the Project, are approximately proportional both in nature and extent to the impact created by the Project, based upon the City's police powers, evidence provided by the record of the proceedings of EIR- 10 -03. V. 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. 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 the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to record this document shall indicate the property owner and Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. 5-71 - Resolution No. 2013 - Page 6 Signature of Applicant Date Signature of Property Owner Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions 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, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (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 within a reasonable and diligent time frame. 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the Findings contained herein and subject to the Conditions of Approval set forth in Exhibit B attached hereto and incorporated herein by this reference. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney H:\DSD\Boards & Commissions\Planning Commission\2013 Meetings \11 -20- 2013 \Village 8 West SPA & TM\SPA TM\V8W DRAFT CC TM RESO.doc 5-72 -