HomeMy WebLinkAboutItem 4 - Staff ReportU LA V I S T A
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Item:
Meeting Date: 10/8/14
ITEM TITLE: A. Public Hearing: FSEIR 12 -01; Consideration of Final Supplemental
Environmental Impact Report for amendments to the General Plan, Otay
Ranch General Development Plan, Otay Ranch Villages Two, Three and a
portion of Four Sectional Planning Area Plan, four associated Tentative
Maps and a Development Agreement.
Resolution NO. FSEIR 12 -01: Recommending that the City Council
make certain Findings of Fact; Adopt a Statement of Overriding
Considerations; Adopt a Mitigation Monitoring and Reporting Program
and Certify the Final Supplemental Environmental Impact Report ( FSEIR
12- 01 /SCH 2003091012) for amendments to the General Plan, Otay
Ranch General Development Plan, Otay Ranch Villages Two, Three and a
portion of Four Sectional Planning Area Plan, four associated Tentative
Maps pursuant to the California Environmental Quality Act.
B. Public Hearing: GPA 12 -04 amendments to the General Plan; PCM
12 -17 amendments to the Otay Ranch General Development Plan; PCM
12 -18 amendments to the Otay Ranch Villages Two, Three and a portion
of Four Sectional Planning Area Plan and associated regulatory
documents, including Planned Community District Regulations, Public
Facilities Finance Plan and Design Plan to reflect the addition of 1,562
units within Village 2; PCS -12 -02 Tentative Map for Otay Ranch Village
2 North; PCS 12 -03 Tentative Map for Otay Ranch Village 2 West; PCS
12 -04 Tentative Map for Otay Ranch Village 2 R -15b and R -31; and PCS
12 -05 Tentative Map for Otay Ranch Village 2 South. A Development
Agreement is also included.
Resolution NO. GPA 12 -04, PCM 12- 17/18, PCS 12 -02, 03, 04, 05:
Recommending that the City Council 1) Approve amendments to the
General Plan, Otay Ranch General Development Plan (GDP), Otay Ranch
Villages Two, Three and a Portion of Village Four Sectional Planning
Area (SPA) Plan, Otay Ranch Village Two Planned Community District
Regulations, Land Use Districts Map and associated Regulatory
Documents; 2) Approve four Tentative Maps: PCS -12 -02 (Village 2
North), PCS -12 -03 (Village 2 West), PCS -12 -04 (Village 2 R -1513), PCS -
12-05 (Village 2 South); and 3) an approve an ordinance associated with a
Development Agreement, all for lands located south of Olympic Parkway
and west of La Media Road.
SUBMITTED BY: Stan Donn, AICP, Senior Planner
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Meeting Date: 10/8/14
REVIEWED BY: Kelly Broughton, FASLA, Development Services Director
INTRODUCTION
Baldwin & Sons, LLC ( "Applicant" or "Developer ") is proposing to add 1,562 residential units
within only the Otay Ranch Village 2 portion of the Village of Montecito & Otay Ranch
Business Park Sectional Planning Area (SPA) Plan ("Village 2 SPA Plan "), including 1,632 new
multi - family units and a reduction of 70 single family units. In order to do so, amendments to the
General Plan, Otay Ranch General Development Plan (GDP), the Village 2 SPA Plan, the
associated Planned Community (PC) District Regulations and regulatory documents,
Supplemental Public Facilities Finance Plan (PFFP) and the Village Design Plan components,
including provision of elementary schools, Community Purpose Facilities, Parks, etc. to support
the requested units must be approved. In addition, a Supplemental EIR and previous EIR must be
considered. The project also includes four new Tentative Maps to accommodate the 1,562 unit
addition ( "Village 2 Comp SPA "). On July 9, 2012 the applicant filed applications to process all
of the subject items.
BACKGROUND
Village 2 SPA Plan Prior Approvals
The Village 2 SPA Plan and Tentative Map (PCS 06 -05) were originally approved on May 23,
2006. The Village 2 SPA Plan at that time accommodated up to 2,786 dwelling units in a variety
of urban and,semi -urban residential products. While the greatest residential densities and mixture
of uses surround the village core, the Village 2 SPA Plan also incorporates a series of residential
neighborhoods organized around neighborhood parks. Residents within these neighborhoods are
within walking distance of multiple parks, community purpose facilities, and a variety of
commercial uses.
Minor Substantial Conformance Review (SCR) requests were approved on February 15 and
December 13, 2007, respectively which allowed unit transfers within several neighborhoods.
These minor SCRs did not require GDP or SPA Amendments because they did not involve
density increases.
Amendments were made to the SPA Plan in 2012 and 2013, respectively to redistribute units and
add 197 smaller lot products, totaling 2,983 units for the SPA. Since the approval of the Village
2 SPA Plan and Tentative Map in 2006, market conditions have changed for single - family
residential development. Due to structural shifts in the economy affecting the real estate sector
and mortgage markets, demand has increased for "small lot" homes with lot sizes around 3,000
square feet and lessened for traditional single family larger homes (as previously approved) with
lot sizes around 4,000 or 5,000 square feet.
The applicant is now requesting amendments to the Village 2 SPA Plan, including approval of
four associated Tentative Maps, to entitle housing product/typologies which are more in line with
today's marketplace conditions and homebuyer preference. The majority of the units are
proposed within the Village Core. The proposed additional 1,562 units will total 4,545 units in
Village 2. A Development Agreement has also been negotiated between the City and Applicant
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that provides the City with certain extraordinary benefits in exchange for providing the Applicant
with certainty related to development of Village 2.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project may have a
significant effect on the environment as identified in previous FEIR 02 -02; therefore, the City of
Chula Vista has prepared a Supplemental Environmental Impact Report, SEIR- 12- 01 /SCH
2003091012 pursuant to CEQA.
115 04 1', - �] `I
That the Planning Commission conduct a public hearing and adopt the proposed resolutions
recommending that the City Council:
1. Certify the Supplemental to FEIR 02 -02 Otay Ranch Villages Two, Three, and a Portion
of Village Four Sectional Planning Area Plan Final Second Tier Environmental Impact
Report:FSEIR- 12 -01;
2. Approve a resolution for amendments to the Chula Vista General Plan, Otay Ranch GDP,
and the Village 2 SPA Plan and supporting regulatory documents in accordance with the
findings and subject to the conditions contained therein;
3. Approve an Ordinance for amendments to the PC District Regulations and Land Use
District Map, in accordance with the findings and subject to the conditions contained
therein;
4. Approve four resolutions one for each of four separate Tentative Maps (No. PCS 12 -02;
12 -03; 12 -04; and 12 -05) in accordance with the findings and subject to the conditions
contained therein; and,
5. Approve an Ordinance for a Development Agreement in accordance with the findings
and subject to the conditions contained therein.
BOARDS /COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Environmental Impact Report
Section 21002 of the California Environmental Quality Act (CEQA) requires that an
environmental impact report identify the significant effects of a project on the environment and
provide measures or alternatives that can mitigate or avoid those significant effects. This
Supplemental EIR contains an environmental analysis of the potential impacts associated with
implementing the proposed Village 2 Comprehensive Sectional Planning Area Plan Amendment.
The subject EIR has been prepared as a Supplemental EIR, as defined in pursuant to Section
15163 of the CEQA Guidelines. As defined in CEQA, a Supplemental FIR examines the impacts
and alterations to a previously approved project with a certified EIR. The Supplemental EIR is
required to only include information necessary to support the adequacy of the previous FEIR in
accordance with CEQA 15163 (b), focusing primarily on the changes in the environment that
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Meeting Date: 10/8/14
would result from the proposed alterations when compared to the previously approved project
that was analyzed in FEIR 02 -02. The major issues that are addressed in the Supplemental EIR
were determined based on review by staff, and public comment received on the Notice of
Preparation (distributed in March 2013). The issues analyzed in the Supplemental FIR include
land use, geology and soils, biological resources, housing and population, hydrology, traffic,
circulation and access, noise, air quality, public services, public utilities, and global climate
change.
The Draft Supplemental EIR was distributed for a 45 -day public review period on May 20, 2014.
Public comment letters were received. The Final Supplemental EIR (FSEIR) includes all
comments received, and responses to them. The Draft and Final Supplemental EIRs identify that
the proposed project would result in significant and unmitigated impacts related to air quality,
energy and traffic. All feasible mitigation measures with respect to project impacts have been
included in the Final Supplemental EIR. As the Project would have significant and unritigated
impacts, Findings of Fact would need to be made in order to support the approval of a Statement
of Overriding Consideration prior to approving the Project as proposed by the Applicant. The
Findings of Fact have been attached for the Planning Commission's review and to support its
recommendation to the City Council's that City Council consider the Findings, determine that
the Supplemental EIR together with the previous FEIR are adequate for the project, and certify
the FEIR. For those impacts with associated mitigation, a Mitigation Monitoring and Reporting
Program (MMRP) has been provided with the FSEIR (See Attachment 11, disc).
The City has examined a reasonable range of alternatives to the proposed project, other than the
proposed project described in the Final SEIR. The alternatives are a reduced density project and
no project. The reduced density project would result in a proposed increase of 484 additional
residential units rather than 1,562 as proposed. The no project alternative would result in the
continued development of the SPA Plan as it is currently without the proposed project. Based on
this examination, the City has determined that neither of the alternatives meets the project
objectives, or is environmentally superior to the project.
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions from the FSEIR.
Significant and Unmitigated Impacts:
Transportation Circulation and Access
• Under the Year 2020 conditions, the proposed project would result in cumulative impacts to
the Interstate 805 (I -805) SB Ramps /Olympic Parkway intersection; Orange Avenue,
between Melrose Avenue and I -805 SB Ramps; I -805, from Market Street to Imperial
Avenue; and I -805, from Imperial Avenue to E Division Street.
• Under the Year 2025 conditions, the proposed project would result in cumulative impacts to
the I -805 SB Ramps /Olympic Parkway intersection; Orange Avenue, between Melrose
Avenue and I -805 SB Ramps; I -805, from State Route 94 (SR -94) to Market Street; I -805,
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Meeting Date: 10/8/14
from Market Street to Imperial Avenue; and I -805, from Imperial Avenue to E Division
Street; I -805, from Plaza Boulevard to SR -54; and I -805 from Bonita Road to East H Street.
® Under the Year 2030 (Buildout) Conditions, the proposed project would result in cumulative
impacts to the I -805 SB Ramps /Olympic Parkway intersection; Orange Avenue, between
Melrose Avenue and I -805 SB Ramps; I -805, from SR -94 to Market Street; I -805, from
Market Street to Imperial Avenue; and I -805, from Imperial Avenue to E Division Street; I-
805, from Plaza Boulevard to SR -54; and I -805 from Bonita Road to East H Street; I -805,
from East H Street to Telegraph Canyon Road.
I -805 SB Ramps /Olympic Parkway - There are right -of -way constraints that would make
widening this intersection infeasible and, in addition, there is no plan or program in place that the
project applicant could pay its fair -share of this improvement. Mitigation is, therefore, infeasible
and the impact will remain cumulatively significant and unavoidable at this location.
Orange Avenue, between Melrose Avenue and I -805 SB Ramps - Potential recommendation for
improvements would require widening Orange Avenue /Olympic Parkway between Melrose
Avenue and the I -805 SB Ramps; however, there are right -of -way constraints that would make
such improvements infeasible. In addition, there is no plan or program in place that the project
applicant could pay its fair -share towards the cost of this improvement. The impact, therefore,
will remain cumulatively significant and unavoidable at this location.
I -805, from SR -94 to Market Street, from Market Street to Imperial Avenue from Imperial
Avenue to E Division Street, from Plaza Boulevard to SR -54, from SR -54 to Bonita Road, from
Bonita Road to East H Street, from East H Street to Telegraph Canyon Road - The second phase
of the I -805 South Project would further expand transportation choices by building out the HOV
lanes into Express Lanes for a total of four lanes, two in each direction. Phase 2 also includes the
addition of in -line transit stations and freeway -to- freeway direct connectors. However, on
December 16th, 2011, SANDAG Board of Directors approved the purchase of SR -125 and the
Addendum to SANDAG's 2030 RTP EIR. The Addendum consists of a swap of the two planned
HOV lanes on I -805 between SR -54 and SR -905 (Phase 2 of the I -805 South Project discussed
above) for the purchase costs of SR -125, which requires an amendment to the TransNet
Extension Ordinance. It also concluded that while the reduction in tolls would result in a shift of
traffic from I -805 to SR -125, freeway operations on both facilities would remain acceptable. The
proposed project was modeled with Phase 2, however in order to remain consistent with the 2030
RTP Addendum, the Traffic Impact Analysis for the proposed project (prepared by Chen Ryan)
is analyzed with one HOV lane in each direction (Phase 1) along I -805. At this time, neither
Caltrans nor SANDAG has plans to construct additional lanes on the impacted facilities, nor is
there a plan or program in place into which the project applicant could pay its fair -share towards
the cost of these improvements. Mitigation is, therefore, infeasible and the impacts would remain
significant and unavoidable.
Because there are no applicable or feasible mitigation measures that the City can impose at this
time to reduce impacts to level of service performance to below a level of significance, impacts
to transportation, circulation, and access would remain significant and unmitigated. Adoption of
a Statement of Overriding Considerations will be required should the decision makers choose to
approve the project.
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Air Quality
• During construction, the proposed project would result in a significant cumulative impact
because construction activities, while less than significant at a project level, would
potentially combine with other cumulative projects and exceed federal and state air quality
emissions threshold standards for criteria pollutants.
• During operation, the proposed project would result in significant direct and cumulative
impacts for Volatile Organic Compounds (VOCs) and nitrogen oxides (NOx), and significant
cumulative impacts for Carbon Monoxide (CO), sulfur oxides (SOx), and particulate matter
(PMIO and PM2.5), because operational activities would exceed the federal and state air
quality emissions threshold standards for criteria pollutants.
• The proposed project would result in a significant direct and cumulative impact due to
inconsistency with the San Diego Regional Air Quality Strategy (RAQS) and State
Implementation Plan (SIP). Because the proposed project would require amendments to the
City of Chula Vista General Plan, the Otay Ranch General Development Plan, the Specific
Plan, and the Otay Ranch Core Master Precise Plan, the proposed project is not accounted for
in the current RAQS and SIP emissions budget.
Utilities: Enerey
• The proposed project would result in a significant cumulative impact to energy resources
because of the uncertainty regarding long -term energy supply to buildout of the proposed
project in combination with cumulative projects. Although City programs, policies, and
ordinances would result in more efficient use of energy within the proposed project, they do
not ensure that increased energy resources will be available when needed.
All feasible mitigation measures have been required of the proposed project with respect to these
impacts. It should be noted that significant and unmitigated impacts for the three issue areas
identified above were also identified within FEIR 02 -02. Although in some instances these
mitigation measures may substantially lessen these significant impacts, adoption of the measures
will not fully avoid the impacts.
As a Lead Agency, the City must make findings pursuant to CEQA Guidelines Sections 15043,
15091, and 15093 for each significant and unmitigated impact. The attached Findings of Fact and
Statement of Overriding Considerations have been prepared specifically for the project actions
for which the City has authority to approve or carry out (see Attachment 11, Findings of Fact and
Statement of Overriding Considerations, dated August, 2014).
Sections 15043, 15091 and 15093 of the CEQA Guidelines state that the adverse environmental
effects are considered "acceptable" and a Lead Agency can approve a project that will result in
significant effects when, based upon substantial evidence, findings have been made that specific
economic, legal, social, technological or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final SEIR, and benefits of a proposed project
outweigh the policy of reducing or avoiding the significant environmental effects of the project.
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05
Significant and Mitigated to Less than Significant
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Meeting Date: 10/8/14
Significant impacts were identified in the following environmental issue areas, and mitigation
measures were required in the SEIR to reduce the impacts to less than significant. A MMRP (see
Attachment 11) has been prepared to ensure that the mitigation measures will be implemented in
accordance with specified monitoring requirements.
Transportation, Circulation, and Access
® Under Year 2025 conditions, the proposed project would result in potentially significant
direct impacts to the Heritage Road/Olympic Parkway intersection and Heritage Road,
between East Palomar Street and Olympic Parkway, and potentially significant cumulative
impacts to the La Media Road/Olympic Parkway intersection, La Media Road (SB)/Main
Street (WB) intersection, La Media Road (NB) /Main Street (WB) intersection, La Media
Road (SB)/Main Street (EB) intersection, La Media Road (NB)/Main Street (EB)
intersection, Magdalena Avenue /Main Street intersection, and Olympic Parkway, between
Heritage Road and Santa Venetia Street. Mitigation measures MM- TCA -3, MM -TCA -5
through MM- TCA -11, and MM- TCA -13 would reduce these identified potentially significant
direct and cumulative impacts to level or service standards and congestion management to a
less than significant level.
Noise
• The proposed project would result in potentially significant direct impacts due to the
exposure of sensitive receptors to noise levels in excess of established City of Chula
Vista thresholds due to traffic generated noise, park related noise, industrial related
noise, and proposed and existing (off -site) school related noise. Mitigation measures
MM -NOI -1 through MM -NOI -9 would reduce these identified potentially significant
impacts to a less than significant level.
Biological Resources
• The proposed project would result in potentially significant direct impacts to candidate,
sensitive, or special status species, including the least Bell's Vireo and the burrowing owl.
Mitigation measures MM -BIO -4 and MM -BIO -5 would reduce these identified potentially
significant impacts to a less than significant level.
• The proposed project would directly impact wetlands vegetation communities and
jurisdictional wetlands, including mulefat scrub, disturbed mulefat scrub, freshwater marsh,
southern willow scrub, open water, and disturbed habitat swale. Mitigation measures MM-
BIO-1, MM- BIO -2, MM- BIO -6, and MM -BIO -7 would reduce these identified potentially
significant impacts to a less than significant level.
• The proposed project would potentially result in a significant impact due to interference with
the movement and nesting of migratory birds if construction occurs during the migratory bird
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nesting season. Mitigation measure MM -BIO -3 would reduce this identified potentially
significant impact to a less than significant level.
Geology and Soils
• The proposed project would result in potentially significant direct impacts due to the surficial
soils within the project site consisting of topsoil, colluvium, alluvium, and the compressible
portions of the landslide debris, which are not considered suitable for development;
additionally, portions of the surficial and underlying soils (bentonite claystone) have "high"
to "very high" expansion potential resulting in a potentially significant impact. Mitigation
measure MM -GEO -1 would reduce these identified potentially significant impacts to a less
than significant level.
Public Services: Parks, Recreation, and Open Space
• The proposed project would not satisfy the Parkland Dedication Ordinance requirements and
would result in a potentially significant impact to the provision of adequate parkland and
recreational facilities. Mitigation measure MM -PUB -1 would reduce this identified
potentially significant impact to a less than significant level. Please see Parks discussion on
pages 16 -17 of this report for explanation of actual park acreage requirement and provision.
Utilities: Sewer
• The proposed project would result in potentially significant impacts to existing sewer
infrastructure, specifically the Salt Creek Interceptor and Poggi Canyon Interceptor, resulting
in the exceedance and the need for the expansion of existing sewer facilities. Mitigation
measures MM- UTIL -1 thought MM- UTIL -3 would reduce these identified potentially
significant impacts to a less than significant level.
Less than Significant Impacts
Less than significant direct impacts were identified in the following environmental issue areas:
Land Use
Transportation, Circulation, and Access
Air Quality
Noise
Biological Resources
Water Quality and Hydrology
Public Services: Fire Protection, Police Protection, Schools, and Library
Utilities: Water, Recycled Water, Solid Waste Disposal, and Energy
Climate Change
Housing and Population
1. Village 2 Comprehensive SPA Plan Amendment Location, Existing Site
Characteristics, and Ownership
The Village 2 SPA Plan area is generally located south of Olympic Parkway, north of the Wolf
Canyon Preserve, east of Heritage Road and west of La Media Road (see Locator Map). The
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southern portions of the Village are currently vacant and generally comprised of rolling terrain
devoid of natural vegetation due to historic farming activities. The northerly portions of the site
are partially graded, developed or currently under development. Neighborhoods within the
Village with projects completed or in progress (independent from the proposed project) include
R -5, R -6, R -7, R -8a, R -8b, R -9a, R -10, R -11, R -12, R -13, R -14, R -29 and R -30. These
neighborhoods are being developed with a variety of product types, including detached and
attached residential units, and alley loaded single family homes.
Village 2 includes approximately 765 acres under multiple ownerships (See Exhibit A in
Attachment 9). Proposed amendments to the Village 2 SPA Plan represent properties owned by
Baldwin & Sons, LLC and affiliated companies. The 36 neighborhoods and planning areas
subject to the proposed GDP and SPA amendments comprise approximately 325.7 acres.
Neighborhoods include residential units while planning areas do not (e.g. Schools, industrial
sites, parks, etc.) (See Areas of Change exhibit on page 6 of Attachment 9). The areas of the four
Tentative Maps comprise approximately 260.4 acres and include 27 neighborhoods and planning
areas. Although the proposed SPA amendments are only for a portion of Village 2, some
planning considerations, particularly context, community structure and infrastructure, must be
evaluated in the context of the overall planning area. This report describes the SPA Plan and
contextual considerations as part of the following discussion of each applicable SPA Plan
component.
2. Project Description
The proposed project seeks to enhance Otay Ranch Village 2 by directing higher- density
residential within and proximate to the Village core, further establishing a unified, pedestrian-
oriented, amenity -rich village plan with the addition of parks and schools within walking
distance of residents. It is consistent with the goals and vision of Village 2 and intended to
enhance living, working, learning, shopping, and transit options in the Village while increasing
residents' opportunities for social interaction and recreation. The project also brings residential
housing typologies /products in line with current market conditions and the General Plan and
Otay Ranch GDP policy objectives for Village 2 (i.e. provision of balance and mixed - housing
choices). To implement this, the project requires approval of amendments to the General Plan,
the Otay Ranch General Development Plan, and the Village 2 SPA Plan. Additionally, four new
tentative maps and a supplemental EIR (SEIR) are required.
The project proposes 1,562 additional dwelling ,units, converting 14.0 acres of dedicated
commercial to mixed use, adding 7.8 acres of CPF, 12.2 acres of parkland, providing a second
elementary school (9.5 acres), and use of 9.0 acres as a vocational school /CPF site). The project
also involves relocation of an existing City of San Diego water pipeline that currently bisects
Village 2. The proposed additions will result in Village 2 on -site totals of 4,545 dwelling units,
22.5 acres of mixed use, 82.5 acres of industrial, 12.6 acres of CPF, approximately 24.1 acres of
parks (not including the 46.5 acres located in the Community Park in Village 4), and 2
elementary schools.
Of the proposed 1,562 additional dwelling units, 141 are proposed in V2 north, 631 are proposed
in V2 east, 318 are proposed in V2 west, and 472 are proposed in V2 south. Increasing the
number of dwelling units from 2,981 to 4,545 allows for the creation of neighborhoods with
densities ranging between approximately 4 du/ac and almost 24 du/ac. Overall density in Village
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2 will increase from 3.9 du/ac to 5.9 du/ac. Average densities across the residential
neighborhoods increases from 8.6 to 13.1 du/ac.
The proposed dwelling units will generate an additional obligation of approximately 12.2 acres
of Parkland and 7.0 acres of CPF. The proposed project will provide Parkland/CPF acreage that
meets these obligations by increasing the size of existing facilities, creating new ones, and/or
paying in -lieu fees.
A proposed Development Agreement includes certain mutual benefits for the City and Applicant
from the proposed Project, and further described in item 5 of the Analysis section of this report.
3. Proposed Amendments:
The following is a brief summary of the proposed amendments to the General Plan, Otay Ranch
GDP and Village 2 SPA Plan. The area of the proposed amendments are depicted on page 2 of
the proposed GDP and SPA Plan amendments booklet entitled "Otay Ranch Village of
Montecito General Development Plan and Sectional Planning Area Plan Amendments" (See
Attachment 9).
Chula Vista General Plan
Amend applicable text, tables, and exhibits to reflect changes in land use designations as
necessary to implement the additional 1,562 residential units as well as additions in CPF,
schools and parkland areas. The proposed land use changes are as follows:
Expansion of the Residential Medium designation north of the Village Core; addition of
Residential Medium (6 -11 dwelling units per acre), Residential High (18 -27 dwelling units
per acre) and a Neighborhood Park within Village 2 West; and addition of Residential
Medium High, Residential High, an Elementary School and a Neighborhood Park to the
west and south of the Village Core.
Otay Ranch GDP:
Amend applicable text, tables, and exhibits to reflect changes in land use designations as
necessary to implement the additional 1,562 residential units as well as additions in CPF,
schools, and parkland areas.
The GDP follows the same proposed land use changes as the Gp, including the introduction
of a High Density Residential (H) land use category (18 -27 du/ac) consistent with the
General Plan to accommodate the additional higher - density within and proximate to the
existing and expanded village core.
Village 2 SPA Plan:
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05
Page 11, Item
Meeting Date: 10/8/14
Amend applicable text, tables, and exhibits to reflect changes in. zoning necessary to
implement the additional 1,562 residential units as well as additions in CPF, schools and
parkland areas. More specifically:
a. Rezone neighborhood R -21b from SF2 to SF3
b. Rezone neighborhood R -23 from SF3 to S174
c. Rezone neighborhood R -24 from SF3 to RM2
d. Rezone neighborhood R -19b from S174 to RMl
e. Rezone neighborhood R -25a from S174 to RM2
f. Rezone neighborhoods R -11 and R -27 from RMl to RM2
g. Rezone neighborhood C -1 from Commercial to Mixed Use
h. Replace neighborhood R -4b, zoned SF2, with neighborhoods R -4b(a) and R- 4b(b),
zoned RMI and RM2 respectively
i. Replace neighborhood R -12, zoned RMl/RM2 combined, with neighborhoods R-
12a and R -12b, both zoned RM2
j. Replace neighborhood R -17b, zoned RM1, with neighborhoods R- 17b(a) and R-
17b(b), zoned RMI and RM2 respectively
k. Create neighborhood R -8c with an SF4 zoning
1. Create neighborhood R -31 with RM2 zoning
m. Create a second elementary school site (S -2)
n. Create two new public parks (P -5 and P -6)
o. Eliminate neighborhoods R -25b and R -26 (converted to school and P -5 Park sites)
Village 2 Tentative Maps
Four (4) associated Tentative Maps: Total of 1480 units (See Attachment 10).
a. PCS 12 -02 Village 2 North: Amend lotting to accommodate 88 residential units;
b. PCS 12 -03 Village 2 West: Amend lotting to accommodate 386 residential units;
c. PCS 12 -04 Village 2 R -15b & R -31: Amend lotting to accommodate 31 residential units;
and
d. PCS 12 -05 Village 2 South: Amend lotting to accommodate 975 residential units
Total units shown on the TM's include a portion of the proposed 1,562 new units along with
existing units previously approved for those areas.
ANALYSIS
1. Chula Vista General Plan
The General Plan identifies Village 2 as being within the Western District of the Otay Ranch
Subarea. The General Plan designates a mix of land uses in Village 2 including a larger Village
Core than the typical Village Core in Otay Ranch. The existing land uses include Residential
Low Medium (3 -6 dwelling units per acre), Residential Medium (6 -11 dwelling units per acre),
Mixed Use Residential, two Neighborhood Parks (NP), and an Elementary School (ES). A High
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School (HS) and a Fire Station (FS) are also located adjacent to Village 2 along Olympic
Parkway and La Media Road, respectively.
The Chula Vista General Plan (GP) provides the vision and policy direction for the planning of
Village 2. The GP includes numerous policies (starting on page LUT -254) with regard to Village
2, some of these that relate directly to design and land use are:
• Provide diverse housing types, including single - family and multi - family dwellings.
• Allow a linear design for Village Two with primary access from Heritage Road and La
Media Road, creating a walkable Village Core that extends. in an east /west direction
across the village and provides pedestrian links between community- serving land uses in
the core and the surrounding residential neighborhoods.
• Provide high- density residential uses arranged in and around a commercial retail, mixed
use development at the eastern end of the Village Core.
• Enable the intensification of multi - family residential densities and commercial uses to
enhance transit use, reduce automotive dependency, and promote social interaction.
The proposed project is consistent with the GP policies listed above. The majority of the
proposed unit increase is directed within the Residential Medium High, Residential High and
Mixed Use Residential areas surrounding and proximate to the Village Core. Of the 1,562 total
new units, 1,132 (72 %) are located within the village core. The addition of Residential -High (18-
27 du /ac) adjacent to the existing Mixed -Use residential village core places higher density
residential uses proximate to schools, parks, and nearby neighborhood commercial. The
increased densities will also "activate" the Village Core; encourage walking and transit use; and
reduce automotive dependency.
The placement of a Neighborhood Park at the corner of Heritage Road and Santa Victoria Road
creates a pedestrian- oriented gateway into the Village, and provides for a well- distributed
pedestrian link between Village 2 West and the rest of the Village. The applicant will provide
pedestrian features such as enhanced pavement, trellises, seating areas, and low monument
signage surrounding the Neighborhood Park that will accentuate a pedestrian- oriented "gateway"
entry to the Village 2.
2. Otay Ranch GDP
The Otay Ranch GDP provides a vision and direction for the planning of the Village 2 SPA Plan.
The vision of the GDP for this area is that the Village 2 serves as an `Urban Village. ' According
to the GDP /SRP, Urban Villages are "adjacent to existing urban development and are planned
for transit oriented development with higher densities and mixed uses in the village cores. "
Key goals and objectives within the Otay Ranch GDP include:
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 13, Item.
Meeting Date: 10/8/14
Goal: Develop comprehensive, well integrated and balanced land uses which are
compatible with the surroundings. (Page 64)
Objective: Provide a well- integrated land use pattern which promotes both housing and
employment opportunities, while enhancing the unique environmental and visual
qualities of the Otay Ranch.
Objective: Provide a wide range of residential housing opportunities, from rural and estate
homes to high- density multi - family projects. Provide a balanced and diverse
residential land use pattern for the Otay Valley Parcel which promotes a blend of
multi - family and single - family housing styles and densities, integrated and
compatible with other land uses in the area.
Objective: Provide development patterns complementary to the adopted plans and existing
development of the adjacent communities.
The SPA Land Use Plan supports these GDP goals and objectives by providing a range of
housing and employment opportunities. The plan adheres to the GDP specific directives for
Village 2 that create a village core (composed of commercial, community purpose, elementary
school, high school, neighborhood park, town square, and higher - density residential land uses)
and residential neighborhoods that offer a variety of housing styles and densities. The proposed
project expands the core, offers potential employment opportunities therein, and adds density
both in and around the core. The proposed increase in density will also allow for the provision of
more small lot single family product and a wide range of multi - family residential units that
provides a balanced and diverse residential land use pattern.
3. Otay Ranch Village 2 SPA Plan Amendment
The proposed Village plan is intended to maintain Village 2 goals /objectives as originally
defined in the Otay Ranch General Development and the Montecito SPA Plan. At the same time,
the proposed plan for Village Two seeks to enhance the Village by bringing housing
typologies /products in line with current market conditions, increasing commercial viability,
responding to today's home buyer preferences, and conforming to GDP policy objectives.
As defined in the Otay Ranch GDP and Montecito SPA, residential density is focused in/around
the V2 core. A future BRT transit stop near the intersection of La Media Road and State Street
and additional transit stops within the Village (determined by the Metropolitan Transit System)
will promote transit ridership and provide residents with alternatives to automobile use. The
core is extended southward to Santa Liza Street to now include a second elementary school (S-
2), another park (P -5) and additional residential (R -25a) in V2 south. This expansion adds almost
30 acres and 450 units to the core. Density still decreases with distance from the village core.
Creating residential density near the village core makes commercial uses more viable. Increased
density also creates activity /vibrancy at the street level, which will increase the urban,
pedestrian- oriented `feel' originally planned in Village Two.
Public Parkland and Community Purpose Facilities (CPF) are focused in and around areas with
highest densities (village core). CPF -9 is located at the westerly portion, adjacent to the village
core, P -5 is centrally located within the expanded village core, and P -6 is located adjacent to the
higher density Neighborhoods R -4b ( "a" and "b "). This puts the majority of Village Two
residents in direct proximity to Parkland /CPF amenities. Additional facilities are distributed
throughout the Village and are within walking distance for most residents.
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 14, Item
Meeting Date: 10/8/14
Park and CPF facilities provide diversity in recreational, social, and learning options available to
residents. Due to the diversity and distribution of these facilities, a resident may be able to enjoy
a private swim club, a community garden, a private recreational facility, and a public park — all
within a short walk.
= To further activate the Village entry /core, the C1 district (originally planned as stand -alone
commercial) is changed to mixed -use residential. The addition of residential promotes multi -
hour activity, and a lively `main street' environment. This also encourages residents to meet and
gather in the public realm, or in semi - private gathering areas.
Increasing density and revising dwelling unit product/typology in the R4 neighborhood from
only existing large lot single family (5 -8,000 sf lots) type with an additional mix of smaller lot
and multi - family allows the neighborhood to establish a varied rather than "monotone" character.
Adding a public park puts residents closer to public facilities and eliminates their need to cross
Heritage Road for park access. Changing land use from single family detached to multi - family,
project specific amenities such as common open space areas, tot -lots, and recreational areas,
including pools, may be implemented. This provides residents opportunities for recreation and
social interaction. This approach is consistent with the Otay Ranch GDP description of V2 west.
The location of the new elementary school (S2) extends the village core south, and makes the
elementary school more proximate to V2 south residences. This encourages students /parents
walking to school. The proposed vocational school (CPF #9) will serve the City and Southbay
region, connecting to the western portion of Village Two with the core and other portions of the
Village, and will help to foster the development of the surrounding industrial area.
Village 2 PC District Regulations Amendments
The PC District Regulations function as the zoning regulations for Village 2. Because the
product and zone types with the amendment are consistant with those in the village as currently
approved, no substantative change to the District Regulations was required. An update to the
zoning map (Exhibit 1 in the Planned Community District Regulations) is the only change to the
approved document.
Village 2 SPA Plan Design Guidelines
The Design Guidelines set forth design parameters that pertain to site planning, landscape
architecture, architecture and signage for all developments within Village 2. The Design
Guidelines contain illustrations and requirements to implement the design ideas presented
therein. The Village 2 predominant design theme is Santa Barbara, Spanish architecture. The
Design Guidelines consist of various single and multi - family conceptual lotting and spatial
orientation illustrations. The proposed project will comply with these existing design guidelines.
Edits have been made only to implement the existing standards across the new land use plan. The
land use plan has been updated to reflect the new neighborhoods and the new zoning of existing
neighborhoods that are proposed to change. Additionally, seven exhibits have been updated to
show the new land use plan, to provide details for new and revised parks, and to show village
core information to reflect the expanded core.
The exhibits in the document have all been updated to show the required design elements and .
how they will be incorporated within the new plan. Special attention is paid to the new public
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05
Page 15, Item
Meeting Date: 10/8/14
facilities such as CPF and parkland. Additionally, detailed design requirements are added for the
new proposed parks (P -5 and P -6) and updated information is provided for P -3 which will now
surround the homeowner's association swim club facility.
Village Core Master Precise Plan (MPP)
As part of the project, modifications are proposed to neighborhoods within the village core.
Neighborhood C -1 is changed from commercial to mixed use and units are added to the three
existing mixed use areas. An area that was originally designated for CPF uses, now will be multi-
family residential (R -31). Additionally, the west end of the village core is extended southward to
Santa Liza Street to include a second elementary school (S -2), another park (P -5) and additional
residential (R -25a) in V2 south. The modifications and expansion add almost 30 acres and 450
units to the core.
The Montecito Village Core Master Precise Plan has been updated to reflect these additions and
changes. Detailed design requirements and guidelines have been added for the areas that were
not previously covered by the plan (R -25a, R -31, S -2 and P -5) and the requirements for existing
core neighborhoods that receive additional units (R -11, R -27, MU -1, MU -2, MU -3 and C -1)
have been updated. Components addressed for each of these neighborhoods are planned use,
permitted use, mandatory site plan elements, building design & siting, and urban character.
Additionally, architectural and design details consistent with the Village Design Plan have been
added for placement of a monument sign within the median of State Street at La Media Road.
The proposed monument sign will be reviewed and approved by the Development Services
Department.
Parks, Open Space & Trails
The proposed project meets the open space requirements per the existing Village 2 SPA Plan and
Planned Community District Regulations. The project generates a demand for an additional
12.16 acres of park land. This obligation will be met through the Applicant's dedication of
parkland. To achieve this, two new public parks have been created (P -5 and P -6) and two within
the existing plan have been expanded (P -3 and P -4). See Exhibit 40 of the SPA Plan. The FSEIR
analyzed the "worse case" scenario for the project with an increase of 311 single family units,
which resulted in a deficit of 1.4 acres. However, the actual project decreases single family by 70
units. Thus, the parkland provided meets the required 12.16 acres.
As part of the current Village 2 SPA Plan, 109 acres of open space were required to meet the
Otay Ranch GDP threshold of 12 acres per 1000 residents. The proposed project, with the 5,061
new residents will generate an additional 67.7 acre requirement, increasing the open space
demand for Village 2 to 176.7 acres. The 213.6 acres provided in the village exceeds the Otay
Ranch GDP open space requirement by nearly 37 acres.
The trails in the Village remain consistent with the approved 2006 Village Two SPA Plan. No
changes have been made as a result of this amendment. See Exhibit 40 of the SPA Plan.
In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of
preserve land for every acre of development area. The applicant will be responsible for
satisfying this requirement concurrently with the processing of the final maps. The proposed
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 16, Item
Meeting Date: 10/8/14
amendment does not expand the footprint of the area previously planned for development,
therefore, the total dedication required does not change from the original project.
Community Purpose Facilities
CVMC Section 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for
Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be
reduced or complied with in an alternative manner based on the availability of shared parking for
the use, or through the provision of an extraordinary public benefit provided certain requirements
are met.
The proposed amendment requires an additional 7.0 acres of CPF. The project proposes to
eliminate a total of 2.7 acres of CPF (CPF -3 and CPF -5) and create a total of 10 acres of new
CPF (CPF -7 and CPF -9). The net increase of 7.3 acres exceeds that obligation attributable to the
new 1,562 units.
The new CPF -7 site is located at the end of the primary village entry (State Street) and is
intended to be a swim club (a private recreation facility) for the residence of the Montecito
Homeowners Association. CPF -9 will be located in the industrial portion of Village 2 South and
is intended to be a vocational school (although other uses consistent with the City's CPF
ordinance would be allowed). The vocational school is intended to provide job training for
residents to meet employment opportunities in the local economy. See Exhibit 44 of the SPA
Plan.
Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA)
A PFFP has been prepared as a supplemental document to the original PFFP dated February 28,
2006. Another Supplemental PFFP's was approved for two separate SPA amendments in January
and April of 2012. The Otay Ranch Village 2 Supplemental PFFP for this project analyzes the
proposed 1,562 -unit addition, any potential impacts on public facilities and services, and
identifies the facilities, phasing and timing triggers for the provision of facilities and services to
serve the project, consistent with the City's Quality of Life Threshold Standards. The PFFP
describes in detail the cost, financing mechanism and timing for construction of necessary public
facilities based on the project's proposed phasing.
The public facilities needed to serve the project will be guaranteed by placing conditions of
approval on the Tentative Map, requiring payment of various fees at the building permit stage,
and /or continuing payment of bond payments under the approved Community Facilities Districts
to finance or maintain public facilities. The PFFP included an analysis of transportation,
drainage, water, sewer, fire, schools, libraries, parks, and fiscal impacts of the project.
The supplemental PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 2 plan and
phasing program. The Village 2 FIA has been prepared using the City's Fiscal Impact
Framework to provide a consistent evaluation with those of other Chula Vista SPAS.
Based on the FIA and the assumptions contained therein, annual fiscal impacts, as compared to
the currently approved project, are negative in Year 0 & 1 and Years 6 through 12. In the first
year there is a net fiscal deficit of approximately $109,000. The project operates the next four
years at a total surplus of almost $640,000. The total deficit in Years 7 through 12 is just under
$290,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $540,000 by
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 17, Item
Meeting Date: 10/8/14
build out, Year 20. Beyond year 17 (future build out), the fiscal impact is anticipated to be net
positive in the amount of $429,149. Residential units are primarily constructed during the early
years of the project which produce greater costs than revenues, creating the early years' deficit.
With more non - residential development underway between years 5 and 9, the deficit declines.
From Year 10 to buildout (Year 20) revenues exceed expenditures due to the significant
increases in retail and office /industrial development during those years.
On a comparative to the current adopted SPA Plan, the current Village 2 SPA's net impact is
negative $117,343 Year 0 -1, and positive $5.5 million Years 2 -17. Beyond Year 17 the current
Village 2 SPA is expected to be net positive $832,672 annually. As indicated above, the
proposed project would generate a positive net impact of approximately $429,149 annually.
Please refer to the PFFP, which includes the fiscal impact analysis, for additional details
(Appendix D, SPA Plan).
CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for
periods where expenditures exceed projected revenues." A condition has been added to the
Tentative Map conditions requiring that the applicant enter into an agreement to provide such
funding to offset the negative fiscal year impacts.
Not accounted for in the FIA deficit and surplus calculations, the Applicant will provide a public
benefit contribution in the amount of $5,000 per new residential unit (up to the 1,562 proposed
with this project) to the City at the time of building permit issuance. This would be additional
revenue benefitting the City. The additional monetary contribution would be applied to a "civic -
type" use within the City.
Affordable Housing Plan
The Chula Vista General Plan Housing Element contains objectives, policies and action
programs to accomplish key affordable housing objectives. Key among these is the affordable
housing policy which requires that residential development with fifty (50) or more dwelling units
provide a minimum of 10% of the total dwelling units for low and moderate income households;
one -half of these units (5% of the total project) being designated for low income, and the other
half (5 %) to moderate income households.
An Affordable Housing Plan was approved with the original Village 2 SPA Plan and has been
updated to account for the additional 1,562 units. With approval of the proposed project, the total
required affordable units will increase from 298 to 454. Of these 454 units, 227 will be low
income affordable units and 227 will be moderate income affordable units.
Due to the ownership fragmentation within Village 2, a Village -wide Affordable Housing
Agreement was prepared and signed by all ownerships, stating that each of the respective
ownerships would be responsible for the provision of affordable housing units for their
developments. Upon approval of the proposed project, Baldwin & Sons would be required to
provide 343 affordable housing units, including 172 for low income. The requirement for these
172 affordable low income units are to be commenced at the 50% building permit issuance for
all units owned by Baldwin & Sons in accordance with the July 26, 2011 allocation letter.
Water Conservation Plan
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 18, Item
Meeting Date: 10/8/14
The City of Chula Vista's Growth Management Ordinance requires that all development of 50
units or more prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan
presents a review of presently available technologies and practices that result in water
conservation. This plan identifies water conservation measures that will be incorporated into the
project as a condition of approval on the SPA Plan. A WCP was prepared for the project as a part
of the original approval in 2006. A new WCP, consistent with the current City standards, has
been prepared as a part of the proposed project.
This new WCP covers already approved units and land uses along with those proposed by this
amendment.
The Village 2 WCP requires that residential development provide hot water pipe insulation,
pressure reducing valves and water efficient dishwashers. In addition, to comply with the City's
current water conservation requirements, the developer will also include dual flush toilets and
water efficient landscaping. Together these three measures annually save approximately 28,850
gallons per single - family unit and approximately 8,850 gallons per multi - family unit.
The WCP also provides a discussion of the local water conservation requirements related to the
use of reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled
water for irrigation of parks, median landscaping, open space slopes, and common landscaped
areas. The Landscape Manual also requires some drought tolerant plant selection in the
landscaping plan and the use of evapotranspiration controllers for parks and common landscaped
areas. Additionally, the Landscape Water Conservation Ordinance is expected to reduce outdoor
water consumption due to the setting of strict water budgets on City approved landscape plans
that must not be exceeded.
The proposed conservation measures outlined above, and identified in the Village 2 WCP,
comply with the City of Chula Vista's Growth Management Ordinance and the goals, objectives
and policies of the City's General Plan and the Otay Ranch GDP. See Water Conservation Plan
section of the SPA Plan.
Air Quality Improvement Plan
The City has included a Growth Management Element (GME) in its General Plan. One of the
stated objectives of the GME is to actively plan to meet federal and state air quality standards.
This objective is incorporated into the GME's action program. In addition, the City's Growth
Management Ordinance (CVMC 19.09) requires that an Air Quality Improvement Plan (AQIP)
be prepared for all major development projects (50 dwelling units or greater) as part of the SPA
Plan process. An AQIP was prepared for the project as a part of the original approval in 2006.
Due to updates in City policy and the requirements for the AQIP in 2010, the existing document
was determined to no longer be adequate. A new AQIP has been prepared for Village 2
(including the proposed project) to comply with the City's current AQIP Guidelines.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development of Village 2 and to demonstrate how the design for Village 2 reduces vehicle trips,
maintains or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect
greenhouse gas emissions. A computer model (INDEX), prepared by Criterion Engineers &
Planners was used to analyze the project's land use plans wherein certain threshold scores must
be met for a set of key indicators. These "key indicators" include:
Land Use
am
GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05
• 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 COz
• Non - Residential Building CO
Page 19, Item
Meeting Date: 10/8/14
Because of the project's mix of uses and other project design features, compact development
pattern, walkability, provision of transit facilities, and bicycle network, the project's INDEX
analysis met the required Threshold Scores and complies with the City's adopted strategies for
improving air quality and energy conservation. See the Air Quality Improvement Plan section of
the SPA Plan.
Fire Protection Plan
The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new
SPA Plan. In addition, the California Fire Code requires a FPP with all new development based
on its proximity to the Urban Wildland Interface. A FPP was prepared for the project as a part of
the original approval in 2006. Minor modifications have been made to the FPP as part of the
proposed project to add plant species to the approved plant list, adjust the maximum allowable
plant height, and modify the irrigation requirements for certain zones (changing from permanent
irrigation to temporary irrigation). These changes have been made with the intent of preserving
areas of established landscaping and to allow for the slope landscaping to have a more natural
appearance. The FPP was reviewed by and approved by the Fire Marshall. See the Fire
Protection Plan section of the SPA Plan.
4. Tentative Subdivision Mau (PCS 12-02,12-03,12-04, 12-05)
A Tentative Subdivision Map is required for a division of land resulting in four or more lots or
condominium units, pursuant to Section 2 of the City of Chula Vista Subdivision Manual. The
proposed Tentative Maps has been designed to comply with the lot design criteria of the
Subdivision Manual. The proposed Tentative Maps would be consistent with surrounding
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page .20, Item
Meeting Date: 10/8/14
development and would complement the area with the design for more compact single family
lotting clusters in Village 2 north and traditional, linear lotting maintained in Village 2 west and
south. Overall the subdivision design is in conformance with the City's Subdivision Manual,
Zoning Ordinance and other associated regulatory documents. The Tentative Maps are consistent
with the amended General Plan and Otay Ranch General Development Plan densities established
for the respective areas.
The following four new Tentative Maps are associated with the proposed project adding 1,562
units to Village 2. The Tentative Maps cover 27 of the 36 neighborhoods /planning areas affected
by the GDP and SPA amendments; a total of 1,480 units are shown on these four Tentative
Maps. The analysis presented in the PFFP discussion, which addresses transportation,
circulation, drainage, water, sewer, fire, schools, and parks on pages 11 -13 of this staff report are
also applicable to the four proposed Tentative.
The Tentative Maps are listed and described below in chronological order with descriptions
particular to that map such as access, subdivision design and grading.
A. PCS 12 -02 (Otay Ranch Village 2 North): Proposes to subdivide 7 existing lots totaling
approximately 40 acres into 51 single family lots, 28 multi- family, one (1) HOA open space
lot, one (1) public park, and one (1) CPF lot. The Tentative Map covers a total of 88
residential units.
Proiect Access:
Access to the project area is provided from existing Santa Diana Road, Santa Alexia Avenue,
and Pershing Road. An extension of Pershing Road and Stow Grove Avenue provide access
within the project area. These streets will conform to the guidelines set forth in the Village 2
SPA Plan and to applicable City of Chula Vista street design guidelines.
Subdivision Design:
The subdivision design consists of 79 residential lots, one (1) open space lot, one (1) public
park, and one (1) CPF lot. Fifty one (51) of the lots will be single family and range from
4,250 sf to 17,107 sf in size. Twenty seven (27) of the lots are small lot single family (each
intended for a single detached product) that are categorized as multi - family due to their
density. The final multi - family lot is an extension of the existing Neighborhood R -10b and
will increase the total number of residential units in that project by 10.
Grading:
In conjunction with approval of the original Tentative Map (CVT 06 -05) and in conformance
with the City of Chula Vista's General Plan and the Otay Ranch GDP, a grading approach
was established for the Village 2 SPA Plan.
Implementation of the proposed map conforms to and enhances the approved grading
approach goals by further concentrating urban development on mesa tops and gently rolling
terrain, while retaining sensitive natural topographic features. The proposed plan allows for
substantial conformance to the grading plan for Village 2 north, which was approved in
conjunction with the original Village 2 Tentative Map (CVT 06 -05). Most of the site is
currently in a graded pad condition and slopes gently northwest toward Olympic Parkway.
The most significant change to the existing grading plan will be the expansion of pad and
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 21, Item
Meeting Date: 10/8/14
slope areas along the northern portion of the map. into an area previously identified for future
development. Grading will conform to the City of Chula Vista grading ordinance.
B. PCS 12 -03 (Otay Ranch Village 2 West): Proposes to subdivide approximately a 48.2 acre
lot into 113 multi- family lots, one (1) public park, four (4) open space lots, and two (2) HOA
lots. The Tentative Map covers a total of 386 residential units.
Proiect Access:
Vehicular access to the site will be provided from Heritage Road and Santa Victoria Road.
Natoma Court, Barranca Avenue and Occidental Road will provide primary access within the
project area. These streets will conform to the guidelines set forth in the Village 2 SPA Plan,
and to applicable City of Chula Vista street design guidelines.
Subdivision Design:
The subdivision design consists of 113 residential lots, four (4) open space lots, one (1)
public park, and two (2) HOA lots. One hundred eleven (111) of the residential lots will be
small lot single family (each intended for a single detached product) that are categorized as
multi - family due to their density. The final 2 residential lots are multi- family and create the
R -4b(b) neighborhood, which will allow up to 275 residential units.
Grading:
The proposed map allows for a grading approach consistent with that established for the
original Tentative Map (CVT 06 -05). Although grading plans have yet to be finalized for
Village 2 West, the proposed plan locates development on gently rolling terrain, while
maintaining steep slopes to the north and east toward Olympic Parkway and Heritage Road.
Neighborhood orientation and street alignments are intended to minimize the necessity for
grading and retaining walls. This allows for the implementation of a grading approach
substantially similar to that which was intended for the original Tentative Map. Any grading
will conform to the City of Chula Vista grading ordinance.
C. PCS 12 -04 (Otay Ranch Village 2 R -1 5b & R -31): Proposes to subdivide two (2) existing
lots totaling approximately 1.8 acres into six (6) single family lots and one (1) multi - family
lot. The Tentative Map covers a total of 31 residential units.
Project Access:
Access to the project area is provided from existing Santa Victoria Road and Anapamu
Avenue. Ortega Street will provide access within the project area. All streets will conform to
the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula Vista street
design guidelines.
Subdivision Design:
The subdivision design consists of 7 residential lots. Six (6) of the lots will be single family
and range from 5,270 sf to 6,083 sf in size. The multi- family lot is 1.1 acres in size and will
allow up to 25 residential units.
Grading:
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GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05
Page 22, Item
Meeting Date: 10/8/14
Implementation of the proposed map conforms to and enhances the approved SPA grading
approach by further concentrating urban development on mesa tops and gently rolling terrain,
while retaining sensitive natural topographic features. The proposed plan allows for
substantial conformance to the grading plan for Village 2 East, which was approved in
conjunction with the original Village 2 Tentative Map (CVT 06 -05). Minor changes to the
existing grading plan will be required, but the grading footprint will substantially conform to
the originally approved plan. Grading will conform to the City of Chula Vista grading
ordinance.
D. PCS 12 -05 (Otay Ranch Village 2 South): Proposes to subdivide 2 existing lots totaling
approximately 170.4 acres into 226 single family lots, 77 multi - family lots, one (1) HOA lot,
four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots.
The Tentative Map covers a total of 975 residential units.
Project Access:
Access to the project area is provided from Heritage Road and Santa Victoria Road.
Numerous streets will provide access within the project area, with Santa Liza Street, Santa
Carolina Road, and Santa Christina Avenue being primary among these. All streets will
conform to the guidelines set forth in the Village 2 SPA Plan and to applicable City of Chula
Vista street design guidelines.
Subdivision Design:
The subdivision design consists of 303 residential lots, one (1) HOA lot, four (4) open space
lots, one (1) public park, two (2) industrial lots, and three (3) CPF lot. Two hundred twenty
six (226) of the lots will be single family and range from 5,060 sf to 14,064 sf in size. Seventy
three (73) of the lots are small lot single family (each intended for a single detached product)
that are categorized as multi - family due to their density. The remaining 4 multi - family lots
are 4.7 acres (R- 1713(b)), 2.5 acres (R -24), 14.1 acres (R -25a) and 8.7 acres (R -27). These
lots are planned to allow a maximum of 95 units, 59 units, 330 units and 175 units
respectively.
Grading:
The proposed map allows for a grading approach consistent with that established for the
original Tentative Map (CVT 06 -05). Although grading plans have yet to be finalized for
Village 2 south, the proposed plan locates development on gently rolling terrain, while
maintaining steep slopes to the south toward Wolf Canyon. Neighborhood orientation and
street alignments are intended to minimize the necessity for grading and retaining walls.
This allows for the implementation of a grading approach substantially similar to that which
was intended for the original Tentative Map. Any grading will conform to the City of Chula
Vista grading ordinance.
5. Development Agreement
State and Citq Requirements for Development Agreements
California Government Code sections 65864 through 65868.5 authorize cities to enter into a
development agreement with any person having a legal or equitable interest in real property for
the development of the property. A development agreement is a contract negotiated between the
4 -22
GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 23, Item
Meeting Date: 10/8/14
project proponent and the public agency that specifies certain mutual benefits negotiated for a
particular project and vests, subject to certain conditions in the agreement, the rights of the
project applicant to develop the property under current land use regulations for a specified term.
Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that
development of large projects within the City create unique and complex development
considerations and that, in addition to the minimum requirements for development agreements
contained in the Government Code, additional procedures and requirements for the consideration
of development agreements shall be contained within each individual agreement. The
Development Agreement presented here includes the minimum requirements for development
agreements contained in the Government Code, as well as additional procedures and
requirements designed to address the unique and complex development considerations presented
by the Project.
The following discussion focuses on the benefits of the Development Agreement to both the City
and the Applicant, and a description of the fundamental terms of the Agreement.
Public Benefits
Beyond the basic benefits of developing a project of the size and scope of Village Two,
including the development of necessary infrastructure, providing a cumulative positive fiscal
impact at build out, and enhancement of the City's image as a leader in sustainable community
building, the City will receive the following benefits from entering into the Development
Agreement, which is presented in draft in Attachment 8:
• Complete the construction of two lanes of Heritage Road (one in each direction) between
Santa Victoria Road and Main Street prior to issuance of the Master Developer's 155th
building permit for a residential unit sewering south to the Salt Creek Sewer Interceptor. Per
the requirements of the original approval, the Applicant bonded for this facility with the
1,276`h mapped unit in the Village. This requirement will further their obligation and be the
first trigger identifying the opening of the road. In addition to the circulation benefits that the
completion of this segment of Heritage Road will provide, the City will also recognize an
economic benefit through the provision of a direct connection between Otay Ranch and the
auto dealerships located on Main Street.
• Relocation of the City of San Diego's Otay #2 Pipeline from its current location bisecting the
Community Park to within La Media Road. The relocation of this line will allow for the
development of the Community Park without any encumbrances. Additionally, once
relocated to La Media Road, any necessary repairs or maintenance will be able to be
performed without disruption to that park, open space, or the internal village circulation
roads which cross the current alignment.
• Public benefit contributions equal to $5000 for each of the 1,562 new units (up to $7.8M
total) to be used for enhancements to, or a new public facility in the City. These public
benefit contributions will be made as development proceeds on the Master Developer's
future neighborhoods as identified in Exhibit A.
4 -23
GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 24, Item
Meeting Date: 10/8/14
• Second elementary school site with funding commensurate to construct the facility. This will
allow the elementary school needs of all village residents to be met within the village.
• Option to construct a public swimming pool facility located on one of Village Two's
neighborhood park sites.
Benefits to the Master Developer
• Predictability in the development approval process by vesting the permitted uses, density,
intensity of use, and timing and phasing of development consistent with the Village Two
SPA Plan and existing land use laws, regulations and policies for up to twenty (20) years.
• Use of the City's Development Impact Fee Deferral Policy for the life of the Development
Agreement (up to 20 years). Pursuant to the Development Impact Fee Deferral Policy, the
Master Developer may defer the payment of Development Impact Fees until the request for
final inspection of each individual residential unit upon satisfaction of specified conditions
(Attachment 1, Section 2.7).
• Ability to satisfy 9.0 acres of Master Developer's CPF obligation within the IND -3 site.
Additionally, City agrees that a vocational school or adult school will be deemed to be an
approved CPF use.
• Option to process an application to rezone the CPF -5 site in Village Seven to a residential
site (rather than converting it to a CPF site) and to rezone the CPF -2 site in Village 2 South
to low- density residential forup to six single family lots. These benefits are subject to the
Applicant exercising its option to construct a public swimming pool facility on one of the
neighborhood park sites in Village 2 as described above.
• Ability to form a. Community Facilities District (CFD) for the Project utilizing multiple
phases or bond series. Upon formation of such a CFD, the City shall charge a single "priority
administration cost" that provides for full cost recovery for City administrative activities.
• Ability to build the public facilities in Community Park P -4 with the right to reimbursement
from public benefit contributions previously made and credits against public benefit
contributions not yet made.
Other Terms of the Agreement
The Development Agreement will contain the following additional major points:
• The term of the Development Agreement, all tentative maps and other development
approvals will be twenty (20) years.
• For the Term of the Development Agreement, the Master Developer and its merchant
builders shall have the vested right to develop the property pursuant to the Sectional Planning
Area (SPA) Plan, Tentative Map, Development Agreement, and existing land use laws,
regulations and policies. The Development Agreement will vest permitted uses, density,
4 -24
GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 25, Item
Meeting Date: 10/8/14
intensity, timing and phasing of development, and reservations and dedications of land.
• As described above, the Development Agreement will allow for the continuation of the
City's Development Impact Fee Deferral program, which allows for the payment of
development impact fees upon request for final inspection rather than at issuance of building
permits.
• The Development Agreement may be amended from time to time by the mutual written
consent of the City and Master Developer and the Owner of any affected portion of the
property.
• The City shall accept and process with reasonable promptness all completed applications for
subsequent approvals.
• Development Agreement shall run with the land and benefit and bind future owners should
the Master Developer sell or transfer ownership.
DECISION -MAKER 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.
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 2 Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote
and support development of quality master - planned communities). The Village 2
implementation documents (the SPA Plan and TMs) support the development of a quality
master - planned community (as described above) with schools, parks, jobs, transit, shopping, and
other amenities, all within walking distance for residents. A vocational school will provide
access to job training and education opportunities for citizens of Chula Vista and south bay.
CONCLUSION
Within Village 2, 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 that foster "Smart Growth". The proposed project provides all of the public facilities
required by the Otay Ranch GDP. The additional density focused within and proximate to the
village core further implement pedestrian- oriented policies and 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 GP, GDP and SPA Plan amendments, SEIR, Tentative Maps and all
supporting documents were funded by a developer deposit account. This account funded city
staff and consultants representing the city on the Village 2 Comp SPA project.
4 -25
GPA 12 -04, PCM 12 -17 & 18, PCS 12 -02, 03, 04, 05 Page 26, Item
Meeting Date: 10/8/14
ONGOING FISCAL IMPACT
The proposed project results in an increase of 1,562 units within Village 2. The applicant was
required to conduct a separate Fiscal Impact Analysis (FIA). The Supplemental FIA for the
Village 2 SPA Plan Amendment estimates that between years 0 -13 there are both negative and
positive fiscal impacts. From years 13 -17, the annual fiscal impact to the City from the proposed
project continues positive, totaling just over $516,000. As indicated above, the proposed project
would generate a positive net impact of approximately $429,149 annually at buildout.
Because the Chula Vista Municipal Code requires that "projects shall be conditioned to provide
funding for periods where expenditures exceed projected revenues ", a condition of approval has
been added to the Tentative Map that requires the applicant enter into an agreement to provide
funding to offset the negative fiscal impact prior to approval of the first Final Map in the project.
This agreement must be approved by the City.
Attachments: 1. Locator Map
2. Planning Commission Resolution FSEIR 12 -01
3. Planning Commission Resolution GPA/GDP /SPA/TM
4. Draft City Council Supplemental to FEIR 02 -02 Resolution
5. Draft City Council GPA/GDP /SPA Plan Resolution
6. Draft City Council PC District Regulations Ordinance
7. Draft City Council TM Resolutions
8. Draft Development Agreement Ordinance
9. Disclosure Statement
10. Village 2 GPA/GDP /SPA Plan Amendments booklet (disc) — provided to
commissioners on September 10, 2014.
11. Tentative Maps (PCS 12 -02; PCS 12 -03; PCS 12 -04; PCS 12 -05) (disc) —
provided to commissioners on September 10, 2014.
12. Village 2 Supplemental FIR 12 -01 (disc) — provided to commissioners on
September 10, 2014.
Prepared by: Stan Donn, Senior Planner, Development Services Department
4 -26
Attachment 1
4 -27
- RESOLUTION NO. FSEIR 12 -01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THE CITY COUNCIL MAKE CERTAIN
FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPT A MITIGATION MONITORING AND
REPORTING PROGRAM AND CERTIFY THE FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT ( FSEIR 12- 01 /SCH 2003091012) FOR
AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH GENERAL
DEVELOPMENT PLAN, OTAY RANCH VILLAGES TWO, THREE AND A
PORTION OF FOUR SECTIONAL PLANNING AREA PLAN AND
APPROVING FOUR TENTATIVE MAPS INCLUDING A DEVELOPMENT
AGREEMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Baldwin and Sons, LLC, submitted applications requesting approvals for a
General Plan, General Development Plan, Sectional Planning Area (SPA) Plan amendment(s)
and four (4) Tentative Maps (TMs), for Otay Ranch Village Two (Project); and
WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR 12 -01 or
Draft SEIR) for the Project was issued for public review on May 20, 2014, and was processed
through the State Clearinghouse; and
WHEREAS, in consideration of the comments received on the Draft SEIR and
requirements of the California Environmental Quality Act (CEQA), a Final Second Tier EIR
(Final SEIR 12 -01 or Final SEIR) was prepared for the Project; and
WHEREAS, Final SEIR 12 -01 incorporates all comments and recommendations received
on the Draft SEIR, a list of all persons, organizations, and public agencies commenting on the
Draft SEIR, and the City's responses to all "significant environmental points" raised by public
and agency comments submitted during the review and consultation process, in accordance with
CEQA Guidelines Section 15132; and
WHEREAS, additional corrections to Final SEIR 12 -01 did not result in modifications to
conclusions regarding significance of impacts or the addition of significant new information that
would require recirculation of the SEIR pursuant to CEQA Guidelines section 15088.5; and
WHEREAS, Final SEIR 12 -01 incorporates, by reference, the prior EIRs that address the
subject property including the 2006 Final Second Tier EIR (EIR 02 -02), the 2005 Chula Vista
General Plan Update EIR (EIR 05 -01), and the Otay Ranch GDP /SRP Program FIR (EIR 90 -01)
as well as their associated Findings of Fact and Mitigation.Monitoring and Reporting Programs;
and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final SEIR 12 -01 on October 8, 2014; and
ATTACHMENT 2
4 °28
Resolution EIR 10 -04
Page 12
October 8, 2014
WHEREAS, to the extent that the Findings of Fact and Statement of Overriding
Considerations for the Project, dated August 2014 (Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk), conclude that proposed mitigation measures
outlined in Final SEIR 12 -01 are feasible and have not been modified, superseded or withdrawn,
the City of Chula Vista herby binds itself and the Applicant and its successors in interest, to
implement those measures. These findings are not merely information or advisory, but constitute
a binding set of obligations that will come into effect when the City adopts the Resolution
approving the Project. The adopted mitigation measures contained within the MMRP Section of
Final SEIR 12 -01 are expressed as conditions of approval. Other requirements are referenced in
the MMRP that are adopted concurrently with these Findings of Fact and will be effectuated
through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of
the City of Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on FSEIR 12 -01 held on October 8, 2014, as well as the minutes and
resolutions resulting therefrom, shall be incorporated into the record of proceedings
pursuant to Public Resources Code Section 21167.6. These documents, along with any
proceedings of and documents submitted to the City Council as the decision - makers in
certifying the Final SEIR 12 -01, shall comprise the entire record of proceedings for any
claims under the CEQA (Public Resources Code §21000 et seq.).
II. FINAL SEIR 12 -01 CONTENTS
That Final SEIR 12 -01 consists of the following
1. Final Supplemental FIR for the General Plan, Otay Ranch General Development
Plan, Villages Two, Three and a Portion of Four SPA Plan Amendment and 4 TMs
2. Comments received during public review and responses
3. Mitigation Monitoring and Reporting Program
4. Technical Appendices
(All hereafter collectively referred to as "Final SEIR 12-01")
III. ACCOMPANYING DOCUMENT TO FINAL SEIR 12 -01
1. Findings of Fact and Statement of Overriding Considerations
IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that Final SEIR 12 -01, the Findings of
Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy
which is on file with the office of the City Clerk), and the Mitigation Monitoring and
4 -29
Resolution EIR 10 -04
Page 13
October 8, 2014
Reporting Program are prepared in accordance with the requirements of CEQA (Pub.
Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14
§15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the Final SEIR 12 -01 reflects the independent
judgment and analysis of the City of Chula Vista as the lead agency for the Project.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The Planning Commission does hereby approve, accepts as its own, incorporate
as if set forth in fall herein, and make each and every one of the findings
contained in Exhibit "A" to this Resolution and does recommend adoption of each
such finding by the City Council.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. Therefore, the Planning
Commission of the City of Chula Vista hereby approves and recommends for
approval by the City Council, pursuant to CEQA Guidelines Section 15093, a
Statement of Overriding Considerations in the form set forth in Exhibit "A" to
this Resolution, identifying the specific economic, social and other considerations
that outweigh and render the unavoidable significant adverse environmental
effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in Final SEIR 12 -01 and in Exhibit "A" to
this Resolution, the Planning Commission hereby finds pursuant to CEQA
Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures
set forth in Final SEIR 12 -01 and in Exhibit "A" to this Resolution are feasible
and will become binding upon the entity (such as the Project proponent or the
City) assigned thereby to implement the same upon certification of the Final SEIR
by the City Council and upon approval of necessary discretionary actions for
approval of the Project by the City Council.
D. Infeasibility of Alternatives
As more fully identified and set forth in Final SEIR 12 -01 and in Section XI of
Exhibit "A" to this Resolution, the Planning Commission hereby finds and
recommends the City Council find, pursuant to Public Resources Code Section
4 -30
Resolution EIR 10 -04
Page 14
October 8, 2014
21081 and CEQA Guidelines Section 15091, that alternatives to the project,
which were identified in Final SEIR 12 -01, were not found to reduce impacts to a
less than significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081.6, the Planning
Commission hereby approves and recommends for approval by the City Council
the Mitigation Monitoring and Reporting Program set forth in Final SEIR 12 -01.
The Planning Commission further finds that the Program is designed to ensure
that, during Project implementation, the permittee /Project applicant and any other
responsible parties implement the Project components and comply with the
mitigation measures identified in the Findings of Fact and the Mitigation
Monitoring and Reporting Program.
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula
Vista on the basis of its findings as set forth above, recommends that the City Council certify
Final SEIR 12 -01 upon making the required findings pursuant to CEQA Guidelines Section 15090
and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation
Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by:
Kelly Broughton, FASLA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this October 8, 2014, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patricia Laughlin,
Secretary to Planning Commission
4 °31
Yolanda Calvo, Chairperson
Resolution EIR 10 -04
Page 15
October 8, 2014
Exhibit A - Findings of Fact and Statement of Overriding Considerations
4 -32
Supplemental Environmental Impact Report for the Otay
Area-
Plan
kanch Village Two Comprehensive Section Planning
CEQA Findings of •'
MA
Lead Agency
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
4 -33
Printed on 30% post- qnsq4�er recycled material.
CEQA Findinqs of Fact and Statement of Overriding Considerations
9.0 STATEMENT OF OVERRIDING CONSIDERATIONS .............. .............................52
9.1 Project Benefits ...................................................................... ............................... 53
9.1.1 Implementation of the Otay Ranch General Development Plan Goals,
Objectives and Principles ........................................... ............................... 53
9.1.2 Extraordinary Benefits ................................................. .............................56
10.0 CONCLUSION ................................................................................... .............................58
Clay Ranch Village Two Comprehensive SPA Plan Amendmen4sa&59mental EIR
TABLE OF CONTENTS
Section
Page No.
1.0
INTRODUCTION ................................................................................ ..............................1
2.0
PROJECT DESCRIPTION ................................................................ ..............................3
2.1 Discretionary Actions .............................................................. ...............................
4
2.2 Project Objectives .................................................................... ...............................
4
2.3 Background ............................................................................... ..............................5
3.0
RECORD OF PROCEEDINGS ......................................................... ..............................7
4.0
FINDINGS REQUIRED UNDER CEQA .......................................... ..............................9
4.1 Legal Effects of Findings ....................................................... ...............................
11
5.0
MITIGATION MONITORING AND REPORTING PROGRAM ............................13
6.0
SUMMARY OF IMPACTS ............................................................... .............................15
7.0
FINDINGS REGARDING SIGNIFICANT DIRECT, INDIRECT, AND
CUMULATIVE EFFECTS AND MITIGATION MEASURES .... .............................17
7.1 Impacts that can be Mitigated to Below a Level of Significance .........................
17
7.1.1 Transportation, Circulation, and Access .................... ...............................
17
7.1.2 Noise ............................................................................ .............................20
7.1.3 Biological Resources ................................................. ...............................
27
7.1.4 Geology and Soils ...................................................... ...............................
32
7.1.5 Public Services ........................................................... ...............................
34
7.1.6 Utilities ......................................................................... .............................35
7.2 Significant and Unavoidable Impacts .................................... ...............................
37
7.2.1 Transportation, Circulation, and Access .................... ...............................
37
7.2.2 Air Quality ................................................................. ...............................
41
7.2.3 Utilities ......................................................................... .............................44
8.0
FEASIBILITY FOR POTENTIAL PROJECT ALTERNATIVES ...........................46
8.1 Reduced Density Alternative ................................................. ...............................
49
8.2 No Project Alternative ........................................................... ...............................
51
8.3 Environmentally Superior Alternative ................................... ...............................
51
9.0 STATEMENT OF OVERRIDING CONSIDERATIONS .............. .............................52
9.1 Project Benefits ...................................................................... ............................... 53
9.1.1 Implementation of the Otay Ranch General Development Plan Goals,
Objectives and Principles ........................................... ............................... 53
9.1.2 Extraordinary Benefits ................................................. .............................56
10.0 CONCLUSION ................................................................................... .............................58
Clay Ranch Village Two Comprehensive SPA Plan Amendmen4sa&59mental EIR
CEQA Findings of Fact and Statement of Overriding Considerations
N IF_1' 14
I Comparison of Proposed Village Two Development ..... ...............................
Clay Ranch Village Two Comprehensive SPA Plan AmendmeN}Su &&mental EIR
.3
of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan AmendmeAS -Hl Hmental EIR
CEQA Findings of Fact and Statement of Overriding Considerations
The Final Supplemental Environmental Impact Report (EIR or SEIR) prepared for the Otay
Ranch Village Two Comprehensive Sectional Planning Area (SPA) Plan Amendment (proposed
project) addresses the potential environmental effects associated with implementation of the
project. In addition, the Final EIR evaluates two alternatives to the project. These alternatives
include the following: (1) Reduced Project Alternative and (2) No Project Alternative.
The Final EIR represents a Supplemental EIR, in accordance with California Environmental
Quality Act (CEQA) Section 21166, and tiers from the certified the 2006 Second Tier EIR (EIR
02 -02/ SCH #2003091012) for the Otay Ranch Villages Two, Three and a Portion of Village
Four SPA Plan as amended and analyzed in the Addendum to the SPA Plan EIR and Otay Ranch
Village Two SPA Plan Amendment Mitigated Negative Declaration (collectively referred to as
the 2006 EIR).
These findings have been prepared in accordance with requirements of CEQA (Pub.
Resources Code Section 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs. Title 14,
Section 15000 et seq.).
Otay Ranch Village Two Comprehensive SPA Plan Amendme*'. H&Bmental EIR
CEQA Findinqs of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4SuYlmental EIR
CEQA Findings of Fact and Statement of Overriding Considerations
2.0 PROJECT DESCRIPTION
Baldwin & Sons has planned the proposed project to create a complete village; one that is
responsive to homebuyer preferences and is viable in light of current economic conditions,
village ownership, infrastructure status, and government policy objectives /requirements. The
plan features increased residential densities, diversity of residential product types, and resident
amenities such as park and CPF uses and an additional neighborhood elementary school. The
proposed project will provide opportunities for increased viability of commercial uses, transit
ridership, village "walkability ", and decreased automobile dependence.
The proposed project would add 1,562 dwelling units in a variety of residential types for a total
of 4,545 units in Village Two (3,435 du under Baldwin & Sons ownership). The proposed
project would increase the allocated single family dwelling units by up to 311 and introduce
1,251 multi - family dwelling units. In addition, up to 130,000 square feet of commercial uses
would be located on the MU -2, MU -3 and C -1 parcels combined. In order to account for the
increase in residential uses, the proposed project will also include an additional 9.5 acres for a
new elementary school, 10.8 acres of parkland (provided beyond the required parkland acreage),
and 7.8 acres of CPF. The project would also result in the relocation of the City of San Diego
waterline from its current alignment through Village Two to a proposed alignment along La
Media Road and Olympic Parkway.
Table 1 shows a comparison of the development of Village Two as proposed under the current
SPA Plan and the proposed project, which was analyzed in the 2006 EIR.
Table 1
Comparison of Proposed Village Two Development
Land Us`e
NCuirerit SPA Plan
WsOr
ONOMM9
Single - Family (B &S) (du)
451
762
311*
Multi - Family (B &S) (du)
1,422
2,673
1,251*
Other Residential` (du)
1,110
1,110
0
Total Residential (du)
2,983
4,545
1,562
Industrial (ac)
60.7
62.4
1.7
Mixed Use and Commercial (ac)
21.0
22.5
1.5
CPF (ac)
6.3
14.1
7.8
Park (ac)
58.7
69.5
10.8
School (ac)
10.3
19.8
9.5
Open Space (ac)
200.2
200.2
0.0
Future Development (ac)
33.1
0.0
-33.1
A net change of 311 single - family residential units and 1,251 multi - family residential units is analyzed in this EIR, consistent with the
project's Traffic Impact Analysis (Chen Ryan 2013). These unit assumptions are considered conservative in terms of vehicle trip
generation because single- family units generate a greater number of trips than multi - family units; therefore, these numbers are used for
environmental impact analysis purposes. However, the proposed project would result in a net decrease of 70 single - family residential
units, and a net increase of 1,632 multi - family units. As a result, impacts that result from traffic generation are overestimated in the EIR.
Other Residential" is not a part of the proposed project, data is presented for information /analysis purposes.
B &S = Baldwin and Sons; on = dwelling units; ac = acres
Clay Ranch Village Two Comprehensive SPA Plan Amendmer4su mental EIR 3
CEQA Findings
of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4$u0mental EIR 2
CEQA Findings of Fact and Statement of Overriding Considerations
Baldwin & Sons has planned the proposed project to create a complete village; one that is
responsive to homebuyer preferences and is viable in light of current economic conditions,
village ownership, infrastructure status, and government policy objectives /requirements. The
plan features increased residential densities, diversity of residential product types, and resident
amenities such as park and CPF uses and an additional neighborhood elementary school. The
proposed project will provide opportunities for increased viability of commercial uses, transit
ridership, village "walkability ", and decreased automobile dependence.
The proposed project would add 1,562 dwelling units in a variety of residential types for a total
of 4,545 units in Village Two (3,435 du under Baldwin & Sons ownership). The proposed
project would increase the allocated single family dwelling units by up to 311 and introduce
1,251 multi - family dwelling units. In addition, up to 130,000 square feet of commercial uses
would be located on the MU -2, MU -3 and C -1 parcels combined. In order to account for the
increase in residential uses, the proposed project will also include an additional 9.5 acres for a
new elementary school, 10.8 acres of parkland (provided beyond the required parkland acreage),
and 7.8 acres of CPF. The project would also result in the relocation of the City of San Diego
waterline from its current alignment through Village Two to a proposed alignment along La
Media Road and Olympic Parkway.
Table 1 shows a comparison of the development of Village Two as proposed under the current
SPA Plan and the proposed project, which was analyzed in the 2006 EIR.
Table 1
Comparison of Proposed Village Two Development
� ; K LancfUsel —
„Current SPA Plan .'
'`Proposed P gect
Net Change ,
Single- Family (B &S) (du)
451
762
311*
Multi - Family (B &S) (du)
1,422
2,673
1,251*
Other Residential * *(du)
1,110
1,110
0
Total Residential (du)
2,983
4,545
1,562
Industrial (ac)
60.7
62.4
1.7
Mixed Use and Commercial (ac)
21.0
22.5
1.5
CPF (ac)
6.3
14.1
7.8
Park (ac)
58.7
69.5
10.8
School (ac)
10.3
19.8
9.5
Open Space (ac)
200.2
200.2
0.0
Future Development (ac)
33.1
0.0
33.1
A net change of 311 single - family residential units and 1,251 multi- family residential units is analyzed in this EIR, consistent with the
project's Traffic Impact Analysis (Chen Ryan 2013). These unit assumptions are considered conservative in terms of vehicle trip
generation because single - family units generate a greater number of trips than multi - family units; therefore, these numbers are used for
environmental impact analysis purposes. However, the proposed project would result in a net decrease of 70 single - family residential
units, and a net increase of 1,632 multi - family units. As a result, impacts that result from traffic generation are overestimated in the EIR.
Other Residential" is not a pad of the proposed project, data is presented for information /analysis purposes.
B &S = Baldwin and Sons; du = dwelling units; ac = acres
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4 au0mental EIR 3
CEQA Findings of Fact and Statement of Overriding Considerations
2.1 Discretionary Actions
_ The discretionary actions to betaken by the Chula Vista City Council include the following:
• Certification of a Final EIR and adoption of a Mitigation Monitoring and Reporting
Program pursuant to the California Environmental Quality Act (CEQA).
• Approval of the Chula Vista General Plan Amendments
• Approval of the Otay Ranch General Development Plan Amendments
• Approval of SPA Plan Amendments for Villages 2, 3 and a Portion of 4
• Approval of the Otay Ranch Core Master Precise Plan Amendments
• Approval of Tentative Maps for Village Two
• Approval to relocate the City of San Diego waterline through Village Two from existing
alignment into future alignment of La Media Road and Olympic Parkway
Future development proposed in accordance with the proposed project would require
discretionary approvals. Such future discretionary actions are anticipated to include (but are not
be limited to) the following: Design Review Permits, Conditional Use Permits, and Subarea
Master Plans. While future discretionary actions will require future environmental review, once
certified, this EIR can be relied upon for relevant environment analysis, subject to the laws
governing such reliance. The City Council will determine whether the Final EIR is complete and
in compliance with CEQA and the CEQA Guidelines as part of the certification process.
2.2 Project Objectives
As specified in the Final EIR, the primary objectives of the proposed project are as follows:
• Increase density in and around the Core. Density would be increased in and around
Village Two to further the vision of the Otay Ranch GDP and the 2006 Village of
Montecito SPA.
• Increase housing choices and align with the housing market. The proposed project
would bring Village Two planning in -line with today's marketplace and homebuyer
preference. This would provide Chula Vista residents with additional housing
choices /opportunities. Aligning Village planning and today's housing market also
facilitates construction and home sales.
• Enhance the viability of transit. Increasing the number of dwelling units (and
population) in Village Two would provide additional ridership for the regional Bus Rapid
Transit and local bus systems. This would increase ridership /viability of the transit
system and reduce automobile dependence, emissions, and traffic.
Otay Ranch Village Two Comprehensive SPA Plan Amendme%Su mental EIR 4
CEQA Findings of Fact and Statement of Overriding Considerations
• Enhance the viability of commercial and industrial uses. Increasing the number of
dwelling units (and population) in Village Two would strengthen the market for the
commercial uses in the village. This would enhance the mixed use character of the Village and
support the walkable, main street character of the village core. Supporting the commercial and
industrial uses also would help to promote a balance between jobs and housing.
• Mixing uses to encourage walking and biking. With viable commercial uses, Village
Two residents would be able to meet daily needs such as groceries, dry cleaning and
entertainment within the village. By providing these uses, as well as schools and parks,
close to resident's homes, the opportunity for walking and biking would be provided
rather than automobile use. This would promote a healthy lifestyle, encourage local
businesses, and reduce automobile dependence, emissions, and traffic.
• Walking to schools. Providing two elementary schools within Village Two puts residents
and students closer to those schools which would allow implementation of programs such
as `walling school buses' where students walk to school in groups as opposed to getting
rides or busing. This would promote a healthy lifestyle for students while reducing
automobile dependence, emissions, and traffic.
• Water pipeline relocation. As part of the proposed project, the water pipeline owned by
the City of San Diego which currently bisects Village Two would be relocated to La
Media Road. This would allow cohesive development and reduce some of the
development constraints that exist today.
• Additional housing within the same development footprint. Increasing density in
select locations would create additional housing within the same village footprint. This
would allow for new home creation in today's marketplace, increase affordability for
homebuyers, increase viability of commercial uses, and decrease per capita costs of
infrastructure and municipal services.
2.3 Background
Otay Ranch is a partially developed master - planned community that proposes a broad range of
residential, commercial, retail, and industrial development interwoven with civic and community
uses, such as libraries, parks, and schools. The community is 23,000 acres in size, and includes
an open space preserve system consisting of approximately 11,375 acres. Village Two is one of
the designated fourteen villages within the Otay Ranch General Development Plan (GDP) area.
The GDP was most recently amended in 2013. The GDP establishes land plans, design
guidelines, objectives, policies, and implementation measures that apply to all portions of Otay
Ranch while supporting a balance of housing, shops, workplaces, schools, parks, civic facilities,
and open spaces. The majority of development is intended to be clustered in villages, with
Otay Ranch Village Two Comprehensive SPA Plan Amendmen( 544mental EIR 5
CEQA Findinqs of Fact and Statement of Overriding Considerations
conveniently located features and well- defined edges such as the Chula Vista greenbelt, open
spaces, and wildlife corridors.
The proposed project is a comprehensive amendment to the existing SPA Plan. The SPA Plan is
a document that refines and implements the land use plans, goals, and objectives of the Otay
Ranch GDP for the development of Village Two. Under the implementation program for the
Otay Ranch GDP, review and City Council approval of SPA plans is required before final
development entitlements can be considered.
Clay Ranch Village Two Comprehensive SPA Plan Amendmenp4l$ugp5memal EIR 6.
Q. Findings of Fact and Statement of •
RECORD O •
Considerations
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this project shall consist of the following:
• The Notice of Preparation and all other public notices issued by the City in conjunction
with the project;
• The Draft and Final EIR for the project (SEIR #12 -01), including appendices and
technical reports;
• All comments submitted by agencies or members of the public during the public
comment period on the Draft EIR
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating
to the project prepared by the City, consultants to the City, or responsible or trustee
agencies with respect to the City's compliance with the requirements of CEQA and the
City's actions on the project;
• All documents, comments, and correspondence submitted by members of the public and
public agencies in connection with this project, in addition to comments on the EIR for
the project;
• All documents submitted to the City by other public agencies or members of the public in
connection with the EIR, up through the close of the public hearing;
• Minutes and verbatim transcripts of the scoping meeting, other public meetings, and
public hearings held by the City;
• All findings and resolutions adopted by City decision makers in connection with this
project, and all documents cited or referred to therein; and
• Matters of common knowledge to the City which the members of the City Council
considered regarding this project, including federal, state, and local laws and regulations.
The City Council has relied on all of the documents listed above in reaching its decision on the
project, even if every document was not formally presented to the City Council or City staff as
part of the City files generated in connection with the project.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4auiMmental EIR - 7
CEQA Findings of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4&41mental E I R
CEQA Findings of Fact and Statement of Overriding Considerations
Public Resources Code Section 21002 provides that "public agencies should not approve projects
as proposed if there are feasible alternatives or feasible mitigation measures available which
would substantially lessen the significant environmental effects of such projects." (emphasis
added.) The same statute states that the procedures required by CEQA "are intended to assist
public agencies in systematically identifying both the significant effects of proposed projects and
the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen
such significant effects" (emphasis added). Section 21002 goes on to state that "in the event
[that] specific economic, social, or other conditions make infeasible such project alternatives or
such mitigation measures, individual projects may be approved in spite of one or more
significant effects."
The mandate and principles announced in Public Resources Code Section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which FIRS are required (see Pub. Resources Code Section 21081, Subd.
(a); CEQA Guidelines Section 15091, Subd. (a)). For each significant environmental effect
identified in an FIR fora proposed project, the approving agency must issue a written finding
reaching one or more of three permissible conclusions. The first such finding is that "[ c]hanges
or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines
Section 15091, Subd. (a)(1)). The second permissible finding is that "[s]uch changes or
alterations are within the responsibility and jurisdiction of another public agency and not the
agency making the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency" (CEQA Guidelines Section 15091, Subd. (a)(2)). The
third potential finding is that "[s]pecific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in the final EIR"
(CEQA Guidelines Section 15091, Subd. (a)(3)). Public Resources Code Section 21061.1 defines
"feasible" to mean "capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social and technological factors."
CEQA Guidelines Section 15364 adds another factor: "legal" considerations (see also Citizens of
Goleta Valley v. Board of Supervisors (1990) 52 Ca1.3d 553, 565 [276 Cal.Rptr. 410]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (see City of Del Mar v.
City of San Diego (1982) 133 Cal.App.3d 410, 417 [83 Ca1.Rptr. 898]). " `[F]easibility' under CEQA
encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the
relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills
Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29 Cal.Rptr.2d 182]).
Otay Ranch Village Two Comprehensive SPA Plan Amendmen44u0mental EIR 9
CEQA Findings of Fact and Statement of Overriding Considerations
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code Section 21081, on which CEQA Guidelines Section 15091 is based, uses
the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening." Such an understanding of the statutory term is
consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen the significant environmental effects of
such projects" (Pub. Resources Code Section 21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant level. In
contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures
to substantially reduce the severity of a significant effect, but not to reduce that effect to a less
than significant level. These interpretations appear to be mandated by the holding in Laurel Hills
Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519 -527 [147 Cal.Rptr.
842], in which the Court of Appeal held that an agency had satisfied its obligation to
substantially lessen or avoid significant effects by adopting numerous mitigation measures, not
all of which rendered the significant impacts in question less than significant.
Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a
particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for
purposes of clarity, in each case will specify whether the effect in question has been reduced to a
less than significant level or has simply been substantially lessened but remains significant.
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an FIR identifies as merely "potentially significant," these findings
will nevertheless fully account for all such effects identified in the Final EIR.
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to substantially lessen or avoid significant environmental impacts that would otherwise
occur. Project modifications or alternatives are not required, however, where such changes are
infeasible or where the responsibility for modifying the project lies with some other agency
(CEQA Guidelines Section 15091, Subd. (a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened
either through the adoption of feasible mitigation measures or a feasible environmentally
superior alternative, a public agency, after adopting proper findings, may nevertheless approve
the project if the agency first adopts a statement of overriding considerations setting forth the
Clay Ranch Village Two Comprehensive SPA Plan Amendmen4su "mental EIR 10
CEQA Findinqs of Fact and Statement of Overriding Considerations
specific reasons why the agency found that the project's "benefits" rendered "acceptable" its
"unavoidable adverse environmental effects" (CEQA Guidelines Sections 15093 and 15043,
Subd. (b); see also Pub. Resources Code Section 21081, Subd. (b)). The California Supreme
Court has stated that, "[t]he wisdom of approving... any development project, a delicate task
which requires a balancing of interests, is necessarily left to the sound discretion of the local
officials and their constituents who are responsible for such decisions. The law as we interpret
and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta,
supra, 52 Cal.3d 553, 576).
4.1 Legal Effects of Findings
To the extent that these findings conclude that proposed mitigation measures outlined in the Final
EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself
and any other responsible parties, including the applicant and its successors in interest (hereinafter
referred to as "project applicant "), to implement those measures. These findings, in other words, are
not merely informational or hortatory, but constitute a binding set of obligations that will come into
effect when the City adopts the resolution(s) approving the project.
The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the Mitigation Monitoring Reporting Program (MMRP) adopted concurrently with
these findings and will be effectuated both through the process of implementing the Village Two
Comprehensive SPA Plan Amendment and through the process of constructing and
implementing the project.
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4Sunmentai EIR 11
CEQA Findings of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLAND
Otay Ranch Village Two Comprehensive SPA Plan Amendmen&su "mental EIR 12
CEQA Findings of Fact and Statement of ®verridi
Considerations
M I I I Eff-A . [01011 ITI Lei 0 11 • - - - • -• W11 J1 I
As required by Public Resources Code Section 21081.6, Subd. (a)(1), the City, in adopting these
findings, also concurrently adopts a MMRP. The program is designed to ensure that during
project implementation, the applicant and any other responsible parties comply with the feasible
mitigation measures identified below. The program is described in the document entitled Otay
Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment Mitigation
Monitoring Reporting Program. The City will use the MMRP to track compliance with project
mitigation measures. The MMRP will be available for the public to review by request during the
mitigation compliance period, which is on -going following project approval through buildout of
the project.
The monitoring program will serve the dual purpose of verifying completion of the mitigation
measures for the project and generating information on the effectiveness of the mitigation
measures to guide future decisions. The program includes monitoring team qualifications,
specific monitoring activities, a reporting system, and criteria for evaluating the success of the
mitigation measures.
As the Final EIR tiers from the 2006 EIR, all applicable mitigation measures identified in the
2006 EIR are also included in the MMRP. The applicability of 2006 FIR mitigation measures is
discussed throughout Chapter 5 of the Final EIR.
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4&6'2mental EIR 13
CEQA Findings of Fact and Statement of Overriding Considerations
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan Amendme%Zunmental EIR 14
CEQA Findings of Fact and Statement of Overriding Considerations
6.0 SUMMARY OF IMPACTS
Chapter 5 of the Final EIR presents the Environmental Impact Analysis of the proposed project.
Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes that the
proposed Village Two Comprehensive SPA Plan Amendment will have no new significant
impacts and require no new mitigation beyond what has been previously analyzed, approved, and
mitigated for under the 2006 EIR with respect to the following issues:
• Land Use
• Water Quality and Hydrology
• Public Services: Fire Protection, Police Protection, Schools, Libraries
• Utilities: Water, Recycled Water, Solid Waste, Energy (direct)
• Climate Change
• Housing and Population
Chapter 9 of the Final EIR presents the Effects Found Not To Be Significant of the proposed
project. Based on the discussion contained in Chapter 9 of the Final EIR, the Final EIR
concludes that the proposed Village Two Comprehensive SPA Plan Amendment will not result
in any potential environmental effects beyond what has been previously analyzed, approved, and
mitigated for under the 2006 EIR with respect to the following issues:
• Aesthetics
• Agricultural and Forestry Resources
• Cultural Resources
• Hazards and Risk of Upset
• Mineral Resources
Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes
potentially significant impacts of the proposed Village Two Comprehensive SPA Plan
Amendment will be mitigated, with mitigation beyond what has been previously analyzed,
approved, and mitigated for under the 2006 EIR, to a level below significance with respect to the
following issues:
• Transportation, Circulation, and Access
• Noise
• Biological Resources
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4$y5)Jpmental EIR 15
CEQA Findings of Fact and Statement of Overriding Considerations
• Geology and Soils
• Public Services: Parks
• Utilities: Sewer
Based on the analysis contained in Chapter 5 of the Final EIR, the Final EIR concludes that no
feasible mitigation measures, including those identified within the 2006 EIR, are available to
reduce impacts to a level below significance for the following issues:
• Transportation, Circulation, and Access: Interstate 805, Olympic Parkway, and Orange
Avenue
• Air Quality
• Utilities: Energy (Cumulative)
Otay Ranch Village Two Comprehensive SPA Plan Amendmer*S "mental EIR 16
7.1.1 Transportation, Circulation, and Access
Level of Service
Thresholds of Significance
Impacts to traffic, circulation, and access would be significant if the proposed project would:
• Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or congestion at intersection).
• Conflict with an applicable congestion management program, including, but not limited
to level of service standards and travel demand measures, or other standards established
by the county congestion management agency for designated roads or highways.
Impact
The proposed project would have direct and cumulative impacts to the surrounding
circulation system, including roadway segments, intersection, and freeway segments under
the Year 2020, Year 2025, and Year 2030 conditions.
Explanation
A portion of the direct and cumulative impacts to level of service of roadway segments and
intersections would be mitigable. These impacts are as follows:
Year 2025 Conditions
Intersections
Project Specific
• Heritage Road /Olympic Parkway
Cumulative
• La Media Road /Olympic Parkway
Otay Ranch Village Two Comprehensive SPA Plan Amendment"Igmental EIR 17
CEQA Findings of Fact and Statement of Overriding Considerations
® La Media Road (SB)/Main Street (WB)
• La Media Road (NB)/Main Street (WB)
• La Media Road (SB) /Main Street (EB)
® La Media Road (NB) /Main Street (EB)
a Magdalena Avenue/Main Street
Roadwav Segments
Project Specific
• Heritage Road, between East Palomar Street and Olympic Parkway
Cumulative
• Olympic Parkway, between Heritage Road and Santa Venetia Street
Mitigation
MM -TCA -3 Heritage Road /Olympic Parkway (CV) —Prior to occupancy of the 1,311th EDU
of the Village Two Comprehensive SPA, the project applicant or its designee
shall cause, through the payment of Transportation Development Impact Fees
(TDIF), the construction of Main Street, between Heritage Road and La Media
Road, as a 6 -lane Prime Arterial.
MM -TCA -5 La Media Road /Olympic Parkway (CV) — Prior to the issuance of the final map
that contains the 1,311th EDU of the Village Two Comprehensive SPA, the
project applicant or its designee shall cause, through the payment of
Transportation Development Impact Fees (TDIF), the construction of Main Street,
between Heritage Road and La Media Road, as a 6 -lane Prime Arterial.
MM -TCA -6 La Media Road (SB) /Main Street (WB) (all -way stop controlled) (CV) — Prior
to issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay its fair -
share towards the cost of signalizing the intersection of La Media Road
(SB) /Main Street (WB).
MM -TCA -7 La Media Road (NB) /Main Street (WB) (all -way stop controlled) (CV) — Prior
to issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay its fair-
Otay Ranch Village Two Comprehensive SPA Plan Amendme%,ju"mental EIR 18
CEQA Findings of Fact and Statement of Overriding Considerations
share towards the cost of signalizing the intersection of La Media Road
(NB) /Main Street (WB).
MM -TCA -8 La Media Road (SB) /Main Street (EB) (all -way stop controlled) (CV) — Prior
to issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay its fair -
share towards the cost of signalizing the intersection of La Media Road
(SB) /Main Street (EB).
MM -TCA -9 La Media Road (NB) /Main Street (EB) (all -way stop controlled) (CV) — Prior
to issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay its fair -
share towards the cost of signalizing the intersection of La Media Road
(NB) /Main Street (EB).
MM- TCA -10 Magdalena Avenue /Main Street (one -way stop controlled) (CV) — Prior to
issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay its fair -share
towards the cost of signalizing the intersection of Magdalena Avenue/Main Street,
MM- TCA -11 Heritage Road, between East Palomar Street and Olympic Parkway (CV) — Prior
to the issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay
Transportation Development Impact Fees (TDIF) for the construction of Main
Street, between Heritage Road and La Media Road, as a 6 -lane Prime Arterial,
including the construction of Main Street bridge.
MM- TCA -13 Olympic Parkway, between Heritage Road and Santa Venetia Street (CV) — Prior
to the issuance of the final map that contains the 1,311th EDU of the Village Two
Comprehensive SPA, the project applicant or its designee shall pay
Transportation Development Impact Fees (TDIF) for the construction of Main
Street, between Heritage Road and La Media Road, as a 6 -lane Prime Arterial,
including the construction of Main Street Bridge.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final FIR to a level of insignificance. Specifically, mitigation measures MM-
TCA-3, MM -TCA -5 through MM- TCA -11, and MM- TCA -13 are feasible and shall be required
as a condition of approval and made binding on the applicant. Implementation of these
Otay Ranch Village Two Comprehensive SPA Plan AmendmerytstfWmental EIR 19
CEQA Findings of Fact and Statement of Overriding Considerations
mitigation measures will reduce significant direct impacts related to these transportation impacts
to a less than significant level.
Reference
FEIR Section 5.2
7.1.2 Noise
Excessive Noise Levels
Thresholds of Significance
Impacts to noise would be significant if the proposed project would:
• Expose persons to or generation of noise levels in excess of standards established in the
Chula Vista General Plan or noise ordinance, or applicable standards of other agencies.
Impact
Implementation of the proposed project would have the potential to result in exposures to noise
levels in excess of the City's noise standards from traffic noise; on -site land uses including
schools, parks and recreation, industrial, and commercial; and off -site schools.
Explanation
Olympic Parkway provides access from Interstate 805 and SR -125 to Village Two, and is
aligned along the northern boundary of the development portion of the Village. Olympic
Parkway under the Year 2025 Plus Project scenario would carry up to 52,000 ADT (average
daily traffic) adjacent to Village Two, and up to 39,300 ADT adjacent to Village Two in the
Year 2030 Plus Project scenario. Residences are planned at the northern boundary of the
development area, which are adjacent to Olympic Parkway. The first row of homes closest to
Olympic Parkway could be exposed to noise levels ranging to 67 dB CNEL from future traffic
(Years 2025 and 2030 with Project). This noise level associated with future Olympic Parkway
traffic volumes would exceed the exterior noise criterion of 65 dB CNEL. Interior noise levels
would potentially exceed 45 dBA CNEL at the proposed residences adjacent to Olympic
Parkway, Heritage Road, and La Media Road resulting from future traffic.
On -site commercial and industrial land uses would have the potential to expose adjacent residential
land uses to noise levels that exceed the City's noise thresholds and would result in a potentially
significant impact. Noise levels associated with the commercial activities would vary depending on
the number of delivery trucks, loading dock areas and customer traffic generated by the
Otay Ranch Village Two Comprehensive SPA Plan Amendme%Sunmental EIR 20
CEQA Findings of Fact and Statement of Overriding Considerations
commercial site, as well as the location of parking areas. Similarly, HVAC equipment noise would
vary depending on the number and types of equipment selected. Industrial land uses possess many
of the same noise generating characteristics as commercial uses (loading/unloading docks and
parking lots; HVAC equipment; maintenance activities; and additional truck traffic along adjacent
roads), but often include manufacturing processes and materials handling operations with
additional noise generation potential. These industrial activities would have the potential to result
in average noise levels above the City's noise thresholds.
Six park sites are planned for Village Two. Visitors to the parks would participate in active and
passive recreational activities. Based upon the most recent design drawings, three of the
proposed parks would be separated from residences or other noise - sensitive land uses by a
local roadway of approximately 60 feet or more. However, three of the parks (P -1, P -3, P -6B)
would be located adjacent to residences. Thus, noise levels from the proposed parks could
exceed 65 dB during daytime park operating hours. According to the Chula Vista Municipal
Code Section 2.66.270, some parks in the city are permitted to stay open as late as 10:30 p.m.;
the noise threshold between 10:00 p.m. and 10:30 p.m. is lower (45 dB) and therefore there could
be significant impacts after 10 p.m. It is likely that noise levels after 10:00 p.m. would generally
be lower than those occurring during peak park activity hours; however, noise levels could
exceed the 45 dB threshold.
On -site traffic could expose on -site schools to exterior noise levels in excess of the City's noise
thresholds and would result in a potentially significant impact. Two elementary schools are
designated for Village Two. Proposed school site S -1 is located approximately at the center of
the development area, bounded on all four sides by local roads (including Santa Victoria
Road to the south). Traffic volume projections are not available for the roads bordering these
school sites; therefore, future noise contours from roadway operations are not available.
However, it is possible that future traffic volumes carried on one or more of these bordering
roads could have an associated 65 dB CNEL contour that extends to the school sites.
Therefore, traffic- related noise exposure levels within exterior use areas for the schools (i.e.,
playground, sports fields, athletic courts, etc.) could exceed the established noise standards
Otay Ranch High School is an existing source of operational noise, and is located north of
Village Two. Typically, the main sources of noise from high schools to the surrounding area are
organized sports activities at the football stadium that involve amplified speakers and crowd
noise. The football field is located on the southwest side of the campus; the nearest loudspeaker
(one of six) is located approximately 140 feet north of the proposed residential uses in
Neighborhood R -8C of Village Two. Football games currently generate a noise level of
approximately 63 dB at the proposed multi - family residential used in Neighborhood R -8C
when speakers are in use, and 50 dB when crowd noise is the primary noise source. Therefore,
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4puleomental EIR 21
CEQA Findings of Fact and Statement of Overriding Considerations
recreational activities at Clay Ranch High School would exceed the City's noise standard of 55
dBA at the proposed project site.
Mitigation
MM -NOI-1 Prior to the approval of grading permits for residential development adjacent to
Olympic Parkway at Neighborhood R -12A, the project applicant or its designee
shall be responsible for the preparation of a subsequent acoustical study based on
the final map design and implementation of any measures recommended as a
result of the analysis to the satisfaction of the Development Services Director (or
their designee). The study shall include, but not be limited to the following:
1. Location, height, and building material of the noise barriers in accordance
with Figure 11 (Approximate Sound Wall Locations), contained in the
Noise Assessment Technical Report for the Otay Ranch Village Two
Comprehensive SPA Plan Amendment (Dudek 2014). The sound wall
noise barriers shall be a minimum of six feet in height, must have a surface
density of at least four pounds per square foot, and be free of openings and
cracks. The wall may be constructed of acrylic glass, masonry material,
earthen berm, or a combination of these materials. Heights are provided
relative to final pad elevation. Required heights may be achieved through
construction of walls, berms or a wall/berm combination;
2. A detailed analysis that demonstrates that barriers and/or setbacks have been
incorporated into the project design, such that noise exposure to residential
receivers placed in all useable outdoor areas, including multi - family
residential patios and balconies, are at or below 65 dBA CNEL; and
3. Should pad grade elevations, lot configuration/site design, and /or traffic
assumptions change during the processing of any final maps, the barriers shall
be refined to reflect those modifications.
MM -NOI -2 Site - Specific Acoustic Analysis — Single - Family Residences. Concurrent with
design review and prior to the approval of building permits for single - family
residential development in Neighborhoods R -SA and R -SC (only units fronting
Olympic Parkway), where the exterior noise level exceeds 60 dBA CNEL, the
applicant shall prepare an acoustical analysis ensuring that interior noise levels
due to exterior noise sources will be at or below 45 dBA CNEL. Design -level
architectural plans shall be used to the exterior -to- interior transmissions loss for
habitable rooms. Contingent upon the results of the interior acoustical analysis,
units may need to include an air conditioning system to provide a habitable
interior environment with the windows closed while meeting the interior standard
Otay Ranch Village Two Comprehensive SPA Plan Amendmenlipuettmental EIR 22
CEQA4 Findings of Fact and Statement of Overriding Considerations
of 45 dBA CNEL. The acoustical analysis shall be prepared to the satisfaction of
the Director of Development Services (or their designee), and all required noise
control measures identified in the acoustical analysis shall be made conditions of
building permit issuance.
MM -NOI -3 Site- Specific Acoustic Analysis — Multi - Family Residences. Concurrent with
design review and prior to the approval of building permits for multi - family areas
where first and /or second floor exterior noise levels exceed 60 dBA CNEL and/or
where required outdoor area (patios or balconies) noise levels exceed 65 dBA
CNEL (all units fronting Heritage Road, Olympic Parkway, or La Media Road in
Neighborhoods R -5A, R -6, R -12A, R -1213, and MU -3), the applicant shall
prepare an acoustical analysis demonstrating compliance with California's Title
24 Interior Noise Standards (i.e., 45 dBA CNEL) and the City's Exterior Land
Use/Noise Compatibility Guidelines for outdoor use areas (i.e., 65 dBA CNEL).
Design -level architectural plans will be available during design review and will
permit the accurate calculation of transmissions loss for habitable rooms. For
these areas, it may be necessary for the windows to be able to remain closed to
ensure that interior noise levels meet the interior standard of 45 dBA CNEL.
Consequently, the design for buildings in these areas may need to include a
ventilation or air conditioning system to provide a habitable interior environment
with the windows closed based on the result on the interior acoustical analysis.
MM -NOI -4 As part of the site plan/development plan review process conducted in connection
with future commercial, mixed residential, and commercial land use development
applications submitted to the City, the applicant or its designee shall prepare site -
specific acoustical analyses to the satisfaction of the Director of Development
Services (or their designee) to ensure noise levels generated by the proposed use
will comply with the City's General Plan noise standards (maximum exterior
noise levels of 65 CNEL). The applicant for each development proposal shall be
responsible to fund the required acoustical analysis, which shall be prepared to the
satisfaction of the Director of Development Services (or its designee). All
required noise control measures identified in the acoustical analysis shall be made
conditions of development approval.
MM -NOI -5 As part of the site plan /development plan review process conducted in
connection with future industrial development applications submitted to the
City, the applicant or its designee shall prepare a site - specific acoustical
analysis to ensure noise levels generated by the proposed use will comply with
the City's General Plan noise standards for residential property boundaries
proximate to the industrial zone (maximum exterior noise levels of 65 CNEL).
Clay Ranch Village Two Comprehensive SPA Plan Amendmen4a mental EIR 23
CEQA Findinqs of Fact and Statement of Overridi
Considerations
The applicant for each development proposal shall be responsible to fund the
required acoustical analysis, which shall be prepared to the satisfaction of the
Director of Development Services (or their designee). All required noise
control measures identified in the acoustical analysis shall be made conditions
of development approval.
MM -NOI -6 Site Specific Acoustic Analysis - Neighborhood Parks. Concurrent with the
preparation of site - specific plan(s) and prior to the approval of a precise grading
plan for the neighborhood parks within Village Two, the applicant shall prepare,
or in the case the City being the lead on the preparation of the site - specific plan,
the applicant shall fund the preparation of an acoustical analysis that shall be
conducted to ensure that noise levels generated from any active uses at the
neighborhood parks, such as sports fields and playgrounds, do not exceed the
exterior noise limits of the receiving land use category as identified in the Chula
Vista Noise Ordinance. The applicant shall be responsible for the implementation
of any measures recommended as a result of the analysis. Measures to reduce
noise levels may include, but would not be limited to or siting of structures or
buildings to provide setbacks between active areas and adjacent noise sensitive
uses. Final noise attenuation design shall be determined by a site - specific acoustic
analysis conducted by a qualified acoustical engineer, to the satisfaction of the
Development Services Director, or their designee.
MM -NOI -7 Concurrent with design review and prior to the approval of building permits for
the elementary schools (S -1 and S -2), the applicant shall be responsible for the
preparation of an acoustical analysis ensuring that noise levels at exterior use
areas (i.e., playground, sports fields, athletic courts, etc.) will be below 65 dBA
CNEL and implementation of any measures recommended as a result of the
analysis. Measures to reduce noise levels may include, but would not be limited
to, setback of structures from the roadway, installing acoustic barriers, or
orienting outdoor activity areas away from roadways so that surrounding
structures provide noise attenuation. The acoustical analysis shall also address
control measures for outdoor school activity noise and its effect upon
immediately adjacent land uses, to ensure school activity related noise levels do
not exceed 65 dB CNEL at exterior use areas of adjacent residential properties.
The analysis shall also demonstrate that barriers or setbacks have been
incorporated into the project design, such that, when considered with proposed
construction specifications, ground level and upper story interior noise levels
shall not exceed 45 dBA CNEL. Roof- ceiling assemblies making up the
building envelope shall have a sound transmission class value of at least 50, and
exterior windows shall have a minimum sound transmission class of 30 in
Otay Ranch Village Two Comprehensive SPA Plan Amendment"ltmental E I R 24
CEQA Findings of Fact and Statement of Overriding Considerations
compliance with the California Green Building standards code. The acoustical
analysis shall be prepared to the satisfaction of the school district, and all
required noise control measures identified in the acoustical analysis shall be
made conditions of development approval.
MM -NOI -8 Prior to the approval of grading permits for residential development adjacent to
Otay Ranch High School at Neighborhood R -8C, the project applicant or its
designee shall be responsible for the preparation of a subsequent acoustical study
based on the final map design and implementation of any measures recommended
as a result of the analysis to the satisfaction of the Development Services Director
(or their designee). The study shall include, but not be limited to the following:
1. Location, height, and building material of a noise barrier in accordance with
Figure 11 (Approximate Sound Wall Locations, Neighborhood R -8C),
contained in the Noise Assessment Technical Report for the Otay Ranch
Village Two Comprehensive SPA Plan Amendment (Dudek 2014). The sound
wall noise barriers shall be a minimum of six feet in height, must have a surface
density of at least four pounds per square foot, and be free of openings and
cracks. The wall may be constructed of acrylic glass, masonry material, earthen
berm, or a combination of these materials. Heights are provided relative to final
pad elevation. Required heights maybe achieved through construction of walls,
berms or a wall/berm combination;
2. A detailed analysis that demonstrates that barriers and /or setbacks have been
incorporated into the project design, such that noise exposure to residential
receivers placed in all useable outdoor areas, including multi - family
residential patios and balconies, are at or below 65 dBA CNEL; and
3. Should pad grade elevations, lot configuration/site design, and/or traffic
assumptions change during the processing of any final maps, the barriers shall
be refined to reflect those modifications.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM-
NOI-1 through MM -NOI -8 are feasible and shall be required as a condition of approval and
made binding on the project applicant. Implementation of these mitigation measures will reduce
significant direct impacts related to excessive noise levels to a less than significant level.
Otay Ranch Village Two Comprehensive SPA Plan AmendmeAS14mental EIR 25
CEQA Findings of Fact and Statement of Overriding Considerations
Reference
FEIR Section 5.4
Temporary Increases in Ambient Noise Levels
Thresholds of Significance
Impacts to noise would be significant if the proposed project would:
® Result in a substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project.
Impact
Construction of the proposed project would potentially expose on -site residences and Otay
Ranch High School to noise levels in excess of the City's noise standards.
Explanation
With respect to the potential for construction of the project or phases to have nuisance noise
impacts upon completed and occupied components within Village Two, a worst -case scenario
would be a completed "block" or "neighborhood" separated only by an internal public roadway
from another block that is under construction. When the construction equipment is operating,
the existing residences could be disturbed by the activities. The generation of noise from
construction activities during noise sensitive time periods upon completed and occupied
components of the project would be a significant impact.
Construction noise could affect existing off -site noise - sensitive land uses. The nearest off -site
noise - sensitive land uses relative to the project site is Otay Ranch High School, located adjacent to
the project site boundary. As such, project generated construction noise would pose a potentially
significant impact on noise - sensitive receptors if construction hour limitations are not imposed.
Mitigation
MM -NOI -9 All project - related site preparation and construction activities shall be limited to
the hours between 7:00 am -6:00 pm, Monday — Friday, and between 8:00 am-
6:00 pm Saturday. No construction activities shall occur on Federal holidays (e.g.,
Thanksgiving, July 4th, Labor Day, etc.). All maintenance of construction
equipment shall be limited to the same hours. This language shall be added to the
Project grading plans. Non - noise - generating construction activities such as
interior painting are not subject to these restrictions.
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4Sunmental EIR - 26
CEQA Findings of Fact and Statement of Overriding Considerations
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final FIR to a level of insignificance. Specifically, mitigation measure MM-
N0I -9 is feasible and shall be required as a condition of approval and made binding on the
applicant. Implementation of this mitigation measure will reduce significant direct impacts
related to temporary increases in ambient noise level to a less than significant level.
Reference
FEIR Section 5.4
7.1.3 Biological Resources
Candidate, Sensitive, or Special Status Species and Migratory Birds
Thresholds of Significance
Impacts to biological resources would be significant if the proposed project would:
• Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special status species in local or regional
plans, policies, or regulations, or by the California Department of Fish and Game or U.S.
Wildlife Service.
• Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites.
Impact
Construction of the proposed project would potentially result in significant direct and indirect
impacts to the least Bell's vireo, burrowing owl, and migratory birds.
Explanation
There is a small patch of southern willow scrub in conjunction with patches of mulefat scrub.
There are a number of mid -sized willow trees within the southern willow scrub that potentially
provide nesting opportunities for riparian bird species. With the addition of the adjacent mulefat
scrub, there are also foraging opportunities. There is a moderate potential for the least Bell's
vireo (Vireo bellii pusillus) to occur within the R -SC area during its breeding season (March 15
Otay Ranch Village Two Comprehensive SPA Plan Amendmen *Su0mental EIR 27
CEQA Findings of Fact and Statement of Overriding Considerations
to September 15). The least Bell's vireo is a federal and state - listed endangered species and an
MSCP covered species. Impacts to the least Bell's vireo are potentially significant.
In addition to the potential presence of riparian wildlife species, there is some non - native
grassland present that may be used by grassland dwelling species including the burrowing owl
(Athene cunicularia). The burrowing owl is a MSCP Covered Species. Due to the decline of
the population of the burrowing owl within the region, impacts are potentially significant.
Impacts could occur to migratory birds, protected under the Migratory Bird Treaty Act
(MBTA), utilizing nesting habitat identified within the R -SC area. The nesting and breeding
season for migratory birds is January 15 to August 31. If construction should occur within
that time, impacts would potentially be significant.
Mitigation
MM -BIO -3 To avoid any direct impacts to raptors and /or any migratory birds protected under
the MBTA, removal of habitat that supports active nests on the proposed area of
disturbance should occur outside of the breeding season for these species (January
15 to August 31). If removal of habitat on the proposed area of disturbance must
occur during the breeding season, the Project Applicant shall retain a City -
approved biologist to conduct a pre - construction survey to determine the presence
or absence of nesting birds on the proposed area of disturbance. The pre -
construction survey must be conducted within 10 calendar days prior to the start
of construction, and the results must be submitted to the City for review and
approval prior to initiating any construction activities. If nesting birds are
detected, a letter report or mitigation plan, as deemed appropriate by the City,
shall be prepared and include proposed measures to be implemented to ensure that
disturbance of breeding activities are avoided. The report or mitigation plan shall
be submitted to the City for review and approval and implemented to the
satisfaction of the City. The City's Mitigation Monitor shall verify and approve
that all measures identified in the report or mitigation plan are in place prior to
and/or during construction.
MM -BI04 Due to the moderate potential for least Bell's vireo to be present within the
drainage, no construction will occur within 300 feet of the riparian habitat within
the drainage during the vireo breeding season (March 15 to September 15). If
construction, including clearing, grubbing, grading, must occur during the
breeding season, protocol surveys will be conducted for least Bell's vireo. The
survey shall be performed to the satisfaction of the Development Services
Director (or their designee) by a qualified biologist familiar with the City's MSCP
Subarea Plan. The results of the pre - construction survey must be submitted in a
Otay Ranch Village Two Comprehensive SPA Plan Amendme'4su "mental EIR 28
CEQA Findings of Fact and Statement of Overriding Considerations
report to the Development Services Director (or their designee) for review and
approval prior to the issuance of any land development permits and prior to
initiating any construction activities. If the least Bell's vireo is detected, a
minimum 300 -foot buffer delineated by orange biological fencing shall be
established around the habitat to ensure that no work shall occur within the
occupied habitat from March 15 through September 15 and on -site noise
reduction techniques shall be implemented to ensure that construction noise levels
do not exceed 60 dB(A) Leq h at the location of any occupied sensitive habitat
areas. The Development Services Director (or their designee) shall have the
discretion to modify the buffer width depending on- site - specific conditions. If the
results of the pre- construction survey determine that the survey area is
unoccupied, the work may commence at the discretion of the Development
Services Director (or their designee) following the review and approval of the pre -
construction report.
MM -BIO -5 Prior to issuance of any land development permits (including clearing and
grubbing or grading permits), the project Applicant shall retain a City- approved
biologist to conduct focused pre - construction surveys for burrowing owls. The
surveys shall be performed no earlier than 30 days prior to the commencement of
any clearing, grubbing, or grading activities. If occupied burrows are detected, the
City- approved biologist shall prepare a passive relocation mitigation plan subject
to the review and approval by the Wildlife agencies and City including any
subsequent burrowing owl relocation plans to avoid impacts from construction-
related activities.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final FIR to a level of insignificance. Specifically, mitigation measures MM-
13I04 and MM -BIO -5 are feasible and shall be required as a condition of approval and made
binding on the applicant. Implementation of these mitigation measures will reduce significant
direct and indirect impacts related to sensitive species and migratory birds to a less than
significant level.
Reference
FEIR Section 5.5
Clay Ranch Village Two Comprehensive SPA Plan Amendmer4suOmental EIR 29
CEQA Findings of Fact and Statement of Overrid
inq Considerations
Riparian Habitats, Sensitive Vegetation Communities, or Jurisdictional Wetlands
Thresholds of Significance
Impacts to biological resources would be significant if the proposed project would:
® Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or U. S. Fish and Wildlife Service.
® Have a substantial adverse effect on Federally protected wetlands as defined by Section
404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption, or other means.
Impact
The proposed project would directly impact wetlands vegetation communities and
jurisdictional wetlands.
Explanation
Four vegetation communities and four land cover types were identified within the R -8C area
which include: non - native grassland (NNG), mulefat scrub (MFS), disturbed mulefat scrub
(dMFS), freshwater marsh (FWM), southern willow scrub (SWS), open water (OW), developed
land (DEV), disturbed land (DL). Results of the delineation indicate there are two types of
regulated jurisdictional resources within the R -8C area including wetlands and non - wetlands
waters of the United States under the joint jurisdiction of ACOE, RWQCB, and CDFW except
for one area that is under the jurisdiction of CDFW only. The proposed project would directly
impact up to 0.97 acres wetlands vegetation communities and jurisdictional wetlands through
development of the R -8C area and would be subject to the relevant resource agency's
regulations. These vegetation communities and wetlands include 0.18 acres mulefat scrub, 0.19
acres disturbed mulefat scrub, 0.14 acres freshwater marsh, 0.35 southern willow scrub, 0.05
acres of open water, and 0.01 acres of disturbed habitat Swale. Impacts would be significant.
Mitigation
MM -BIO -1 A total of up to 0.91 acres of wetland and 0.06 acre of waters of the U.S. /State
within the Project may be impacted within the Development Area. Prior to
issuance of land development permits, including clearing, grubbing, and grading
permits for areas that impact jurisdictional waters, the Project Applicant shall
provide evidence that all required regulatory permits, such as those required under
Section 404 of the federal Clean Water Act, Section 1600 of the California Fish
and Game Code, and the Porter Cologne Water Quality Act.
Clay Ranch Village Two Comprehensive SPA Plan Amendmen4r4u0mental EIR 1 30
CEQA Findings of Fact and Statement of Overridi
Considerations
MM -BIO -2 Prior to issuance of land development permits, including clearing, grubbing, and
grading permits that impact jurisdictional waters, the developer(s) shall prepare
a Wetlands Mitigation and Monitoring Plan to the satisfaction of the City,
ACOE, and CDFW. This plan shall include, at a minimum, an implementation
plan, maintenance and monitoring program, estimated completion time, and any
relevant contingency measures. Areas under the jurisdictional authority of
ACOE and CDFW shall be delineated on all grading plans. Mitigation areas
shall occur within the Otay River watershed or other suitable location in
accordance with the Wetlands Mitigation and Monitoring Plan to the satisfaction
of the City, ALOE, and CDFW. The Project Applicant shall also be required to
implement the Wetlands Mitigation and Monitoring Plan subject to the oversight
of the City, ALOE, and CDFW.
MM -BIO -6 Prior to recordation of each Final Map, the Applicant shall convey land within the
Otay Ranch Preserve to the Otay Ranch Preserve Owner/Manager (POM) or its
designee at a ratio of 1.188 acres for each acre of development area, as defined in
the RMP. Access for maintenance purposes shall also be conveyed to the
satisfaction of the POM, and each tentative map shall be subject to a condition
that the Applicant shall execute a maintenance agreement with the POM stating
that it is the responsibility of the Applicant to maintain the conveyed parcel until
the Preserve CFD has generated sufficient revenues to enable the POM to assume
maintenance responsibilities. The Applicant shall maintain and manage the
offered conveyance property consistent with the RMP Phase 2 until the Preserve
CFD has generated sufficient revenues to enable the POM to assume maintenance
and management responsibilities.
MM -BIO -7 Prior to the POM's formal acceptance of the conveyed land in fee title, the project
Applicant shall prepare, to the satisfaction of the POM, Area Specific
Management Directives (ASMDs) for the associated conveyance areas. The
ASMDs shall incorporate the guidelines and specific requirements of the Otay
Ranch RMP plans and programs, management requirements of Table 3 -5 of the
MSCP Subregional Plan and information and recommendations from any relevant
special studies. Guidelines and requirements from these documents shall be
evaluated in relationship to the Preserve configuration and specific habitats and
species found within the associated conveyance areas and incorporated into the
ASMDs to the satisfaction of the POM.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4Sul?*mental EIR 31
CEQA Findings of Fact and Statement of Overriding Considerations
Finding
Pursuant to Section 15091(a)(1) of the CEQQ Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM-
BI0-1 and MM -BI0-2 are feasible and shall be required as a condition of approval and made
binding on the applicant. Implementation of these mitigation measures will reduce significant
direct impacts related to jurisdictional wetlands to a less than significant level.
Reference
FEIR Section 5.5
7.1.4 Geology and Soils
Unstable Soils
Thresholds of Significance
Impacts to geology and soils would be significant if the proposed project would:
• Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in on- or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse.
• Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code
(1994), creating substantial risks to life or property.
Impact
The proposed project would have potentially significant impacts associated with expansive and
compressible soils.
Explanation
The surficial soil within the project site consisting of topsoil, colluvium, alluvium, and the
compressible portions of the landslide debris are not considered suitable for the support of the
proposed project development and would be considered potentially significant. Remedial
grading consisting of the removal, moisture conditioning, and compaction of these soils would
be required. A majority of the on -site materials possess a "very low" to "medium" expansion
potential. The expansion potential of the bentonite claystone and surficial soil ranges from
"high" to "very high" expansion potential. Recommendations found in the geotechnical report
are intended to reduce the potential for cracking of slabs due to expansive soils.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4SugplPmental EIR 32
CEQA Findings of Fact and Statement of Overriding Considerations
While the project site currently exists with potentially hazardous expansive and compressible
soils, no soil or geologic conditions would preclude the continued development, including the
proposed project, within Village Two. Compliance with the City's Grading Ordinance, current
seismic design specifications, current CBC standards, and other regulatory requirements, in
addition to implementation of project design features and BMPs, and following
recommendations of the geotechnical investigation is required.
Mitigation
MM -GEO -1 Prior to the issuance of the grading permit, the applicant(s) shall verify that the
applicable recommendations of the Update Geotechnical Report: Otay Ranch
Village 2 SPA Plan Amendment prepared by Geocon, Inc. on February 10, 2014,
have been incorporated into the project design and construction documents to the
satisfaction of the City Engineer.
Recommendations include, but are not limited to:
1. Evaluation of soil expansion potential once final grade is achieved.
2. During grading, compressible soils shall be removed and replaced with
compacted fill.
3. Site drainage and moisture protection measures such as provisions for
underground utilities, landscaping, and maintaining adequate site drainage to
prevent soil movement.
4. Additional geotechnical report updates as development of Village Two
continues in order to assess proposed grading for each neighborhood.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final FIR to a level of insignificance. Specifically, mitigation measure MM-
GEO-1 is feasible and shall be required as a condition of approval and made binding on the
applicant. Implementation of this mitigation measure will reduce significant direct impacts
related to compressible and expansive soils to a less than significant level.
Reference
FEIR Section 5.7
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4sunmental E I R 33
CEQA Findings of Fact and Statement of Overriding Considerations
7.1.5 Public Services
Parks
Thresholds of Significance
Impacts to parks, recreation, and open space would be significant if the proposed project would:
a Increase the use of existing neighborhood and regional parks or other recreational facilities
such that substantial physical deterioration of the facility would occur or be accelerated.
• The City's EIR Scoping Letter Contents and Thresholds states that the proposed project
would have a significant impact on parks and recreation services if it would:
o Fail to meet the City's threshold standard of three acres of neighborhood and
community parkland per 1,000 residents.
Impact
The proposed project would have potentially significant impacts related to parkland
provision requirements.
Explanation
The proposed project would result in an increase in population above what was previously approved
in the 2006 EIR, which would subsequently increase the use of existing neighborhood and regional
parks. However, new development in the City is required to provide public parkland, improved to
City standards and dedicated to the City. Parkland dedication requirements are specified in CVMC
Section 17.10.040 of the Chula Vista Municipal Code. While the proposed project, in and of itself,
would not meet the PLDO requirements, parkland obligations should be analyzed as a whole within
Village Two because the proposed project revises the overall plan of Village Two. Village Two is
currently obligated to provide 58.7 acres of parkland (the parkland obligation for Village Two
accounts for the following obligations: Original Village Two Approval (24.2 acres), Original Village
Two deficit (1.1 acres), Obligation from SPA One (31.6 acres), and the JPB 197 -Unit Amendment
(1.8 acres)). With the addition of the proposed project obligation, Village Two as a whole would be
required to provide a total of 70.9 acres of parkland. The total proposed parkland within Village Two
is 69.5 acres, which would result in a parkland deficit of 1.4 acres. Therefore, there is a potentially
significant impact related to parkland provision.
Mitigation
MM -PUB -1 Prior to the approval of the first final map(s), or prior to the approval of building
permit(s), the applicant shall pay the City of Chula Vista in -lieu fee for land
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4su(7omental EIR 34
CEQA Findings of Fact and Statement of Overriding Considerations
dedication and/or park development improvements, or dedicate additional
parkland, pursuant to City of Chula Vista Municipal Code Section 17.10.070 and in
accordance with the Public Facilities Financing Plan for the SPA Plan for the final
180 dwelling units to be constructed.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final EIR to a level of insignificance. Specifically, mitigation measure MM-
PUB -1 is feasible and shall be required as a condition of approval and made binding on the
applicant. Implementation of this mitigation measure will reduce significant direct impacts
related to parks provision to a less than significant level.
Reference
FEIR Section 5.8
7.1.6 Utilities
Sewer
Thresholds of Significance
Impacts to sewer services would be significant if the proposed project would:
• Result in a determination by the wastewater treatment provider, which serves or may
serve the project, that it has inadequate capacity to serve the project's projected demand
in addition to the provider's existing commitments.
• Require the construction of new wastewater treatment facilities or expansion of existing
facilities, the construction of which would cause significant environmental effects.
Impact
The proposed project would significantly impact both the Salt Creek and Poggi Canyon
interceptors as a result of increased development.
Explanation
The proposed project is located within the Salt Creek Sewer basin. The Salt Creek
Interceptor was designed, sized and constructed to serve regional development in the Otay
Ranch area and is located south of the project site. Development of the proposed project
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4Su74mental EIR 35
CEQA Findings of Fact and Statement of Overriding Considerations
including cumulative projects considered in the sewage flow analysis, would increase
Poggi Canyon flows by 248,730 gpd, and Wolf Canyon flows by 128,315 gpd.
The availability of the Poggi Canyon Interceptor was evaluated under the cumulative project
condition. Data on the Poggi Canyon Interceptor was obtained from the April 2009 Poggi
Canyon Basin Gravity Sewer Development Impact Fee Update (prepared by Dexter Wilson).
Two reaches already identified for future replacement were determined as being over capacity
and one additional reach was determined to be slightly over capacity.
The availability in the Salt Creek Interceptor was analyzed under baseline and cumulative
conditions in a November 2010 report by PBS &J. This analysis was updated by Atkins in a
memorandum dated March 4, 2014 to include additional flows resulting from the proposed
project. The updated analysis concludes that these additional flows do not result in capacity
deficiencies in the Salt Creek Interceptor.
Pursuant to the City's municipal code, prior to issuance of each building permit, the applicant or
designee shall pay the Salt Creels Development Impact Fee and Poggi Canyon Development
Impact Fee at the rate in effect at the time of building permit issuance. Both fee systems already
exist and will provide for the necessary additional capacity. To ensure this requirement is met,
payment of each impact fee is identified as mitigation measures. Additionally, the proposed
project would be required to provide evidence that sufficient sewer capacity is available prior to
building permit issuance.
Mitigation
MM- UTIL -1 Salt Creek Development Impact Fee. Prior to issuance of each building permit,
the applicant or designee shall pay the Salt Creek Development Impact Fee at the
rate in effect at the time of building permit issuance and corresponding to the
sewer basin that the building will permanently sewer to, unless stated otherwise in
a development agreement that has been approved by the City Council.
MM- UTIL -2 Poggi Canyon Development Impact Fee. Prior to issuance of each building
permit, the applicant or designee shall pay the Poggi Canyon Development Impact
Fee at the rate in effect at the time of building permit issuance and corresponding to
the sewer basin that the building will permanently sewer to, unless stated otherwise
in a development agreement that has been approved by the City Council.
MM- UTIL -3 Density Transfer Technical Report. Prior to design review approval in
accordance with the Intensity Transfer provision in the Village Two SPA Plan,
the applicant or designee shall provide an update to the Overview of Sewer
Service for Otay Ranch University Village Two (Dexter Wilson 2014b) with each
Otay Ranch Village Two Comprehensive SPA Plan AmendmeASu "mental EIR 36
ii; 111011111111 1�
proposed project requesting an intensity transfer. The technical study shall
demonstrate to the satisfaction of the City Engineer that adequate on -site
r wastewater infrastructure will be available to support the transfer. The transfer of
residential density shall be limited by the ability of the on -site sewerage facilities
to accommodate flows. Building permits would be issued only if the City
Engineer has determined that adequate sewer capacity exists.
Finding
Pursuant to Section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in,
or incorporated into, the project that will substantially lessen or avoid the significant effect as
identified in the Final EIR to a level of insignificance. Specifically, mitigation measures MM-
UTIL-1 through MM- UTIL -3 are feasible and shall be required as a condition of approval and
made binding on the applicant. Implementation of these mitigation measures will reduce
significant direct impacts related to sewer to a less than significant level.
Reference
FEIR Section 5.9
7.2 Significant and Unavoidable Impacts
7.2.1 Transportation, Circulation, and Access
Level of Service
Thresholds of Significance
Impacts to traffic, circulation, and access would be significant if the proposed project would:
• Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or congestion at intersection).
• Conflict with an applicable congestion management program, including, but not limited
to level of service standards and travel demand measures, or other standards established
by the county congestion management agency for designated roads or highways.
Impact
The proposed project would have direct and cumulative impacts to the surrounding
circulation system, including roadway segments, intersection, and freeway segments under
the Year 2020, Year 2025, and Year 2030 conditions.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4&74mental EIR 37
CEQA Findings of Fact and Statement of Overriding Considerations
Explanation
As discussed in Section 7.1.1 above, a portion of the level of service direct and cumulative
impacts to roadway segments and intersections are mitigable to a level below significance. The
remaining level of service impacts are as follows:
Year 2020 Conditions
Intersections
Cumulative
® I -805 SB Ramps /Olympic Parkway
Roadway Segments
Cumulative
® Orange Avenue, between Melrose Avenue and I -805 SB Ramps
Freeways /State llWways
Cumulative
• I -805, from Market Street to Imperial Avenue
• I -805, from Imperial Avenue to E Division Street
Year 2025 Conditions
Intersections
Cumulative
• I -805 SB Ramps /Olympic Parkway
Roadway Segments
Cumulative
® Orange Avenue, between Melrose Avenue and I -805 SB Ramps
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4sug"Ventai E I R 38
Freeways /State Hi hg ways
Cumulative
• I -805, from SR -94 to Market Street
• I -805, from Market Street to Imperial Avenue
• I -805, from Imperial Avenue to E Division Street
• I -805, from Plaza Boulevard to SR -54
• I -805, from Bonita Road to East H Street
Year 2030 Conditions
Intersections
Cumulative
• I -805 SB Ramps /Olympic Parkway
Roadway Segments
Cumulative
• Orange Avenue, between Melrose Avenue and I -805 SB Ramps
Freewav /State Highway Segments
Cumulative
• I -805, from SR -94 to Market Street
• I -805, from Market Street to Imperial Avenue
• I -805, from Imperial Avenue to E Division Street
• I -805, from Plaza Boulevard to SR -54
• I -805, from SR -54 to Bonita Road
• I -805, from Bonita Road to East H Street: -
• I -805, from East H Street to Telegraph Canyon Road
Mitigation
No feasible mitigation measures exist for the above identified impacts to level of service.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer&SuMmental EIR 39
Finding
of Fact and Statement of Overriding Considerations
- Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make the mitigation infeasible. These considerations
are as follows:
I -805 SB Ramps /Olympic Parkway - There are right -of -way constraints that would make
widening this intersection infeasible and, in addition, there is no plan or program in place
into which the project applicant could pay its fair -share towards such improvement.
Therefore, mitigation is infeasible and the impact will remain cumulatively significant and
unavoidable at this location.
Orange Avenue, between Melrose Avenue and I -805 SB Ramps - Potential recommendation for
improvements would require widening Orange Avenue /Olympic Parkway between Melrose
Avenue and the I -805 SB Ramps; however, there are right -of -way constraints that would make
such improvements infeasible. In addition, there is no plan or program in place into which the
project applicant could pay its fair -share towards the cost of such improvement. Therefore, the
impact will remain cumulatively significant and unavoidable at this location.
I -805, from SR -94 to Market Street, from Market Street to Imperial Avenue from Imperial
Avenue to E Division Street, from Plaza Boulevard to SR -54, from SR -54 to Bonita Road, from
Bonita Road to East HStreet, from East H Street to Telegraph Canyon Road - The second phase
of the I -805 South Project would further expand transportation choices by building out the HOV
lanes into Express Lanes for a total of four lanes, two in each direction. Phase 2 also includes the
addition of in -line transit stations and freeway -to- freeway direct connectors. However, on
December 16th, 2011, SANDAG Board of Directors approved the purchase of SR -125 and the
Addendum to SANDAG's 2030 RTP EIR. The Addendum consists of a swap of the two planned
HOV lanes on I -805 between SR -54 and SR -905 (Phase 2 of the I -805 South Project discussed
above) for the purchase costs of SR -125, which requires an amendment to the TransNet
Extension Ordinance. It also concluded that while the reduction in tolls would result in a shift of
traffic from 1 -805 to SR -125, freeway operations on both facilities would remain acceptable. The
proposed project was modeled with Phase 2, however in order to remain consistent with the 2030
RTP Addendum, the Traffic Impact Analysis for the proposed project (prepared by Chen Ryan)
is analyzed with one HOV lane in each direction (Phase 1) along I -805. At this time, neither
Caltrans nor SANDAG has plans to construct additional lanes on the impacted facilities, nor is
there a plan or program in place into which the project applicant could pay its fair -share towards
the cost of such improvements. Therefore, mitigation is infeasible and the impacts would remain
significant and unavoidable.
Because there are no applicable or feasible mitigation measures that the City can impose at this
time to reduce impacts to level of service performance to below a level of significance, impacts
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4SU7p9)memal EIR 40
111,111111111111 EPP 11111 1111111 111 11 0
to transportation, circulation, and access would remain significant and unmitigated. Adoption of
a Statement of Overriding Considerations will be required should the decision makers choose to
approve the project.
Reference
FEIR Section 5.2
7.2.2 Air Quality
Air Quality Plan Consistency
Thresholds of Significance
Impacts to air quality would be significant if the proposed project would:
• Conflict with or obstruct implementation of the applicable air quality plan or General
Plan policies.
Impact
The proposed project would not be consistent with the goals and policies of local air quality
plans including the SIP and RAQS and impacts would be significant.
Explanation
The air quality plans relevant to this discussion are the State Implementation Plan (SIP) and
Regional Air Quality Strategy (RAQS). The SIP includes strategies and tactics to be used to
attain and maintain acceptable air quality in the San Diego Air Basin (SDAB) based on the
National Ambient Air Quality Standards (NAAQS), while the RAQS includes strategies for the
SDAB to meet the California Ambient Air Quality Standards (CAAQS). Consistency with the
RAQS is assessed via two lines of inquiry: (1) whether the proposed project exceeds the growth
assumptions contained in the RAQS; and, (2) if the growth assumptions are exceeded, whether
the proposed project increases the frequency or severity of existing air quality violations,
contributes to new violations, or delays the timely attainment of air quality standards or interim
reductions, as specified in the RAQS.
The proposed project would comply with all applicable rules and regulations that have been
adopted as part of the SIP. Because the project is consistent with the goals of the RAQS and SIP,
the project would not conflict with or obstruct implementation of the RAQS and SIP. However,
the proposed project would require amendments to the City of Chula Vista General Plan, the
Otay Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master
Precise Plan. Accordingly, the project as proposed is not accounted for in the current SIP
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4Su80mental EIR 41
emissions budget. Consequently, the proposed project is not consistent with Chula Vista's
General Plan and is not considered consistent with the growth assumptions in the RAQS and SIP.
As such, impacts would be considered significant and unavoidable.
Mitigation
Due to absence of feasible mitigation measures, the proposed project would remain inconsistent
with the goals of local air quality plans. This impact would remain significant and unavoidable.
Finding
Pursuant to Section 15091(a)(2) of the CEQA Guidelines, such changes or alterations are
within the responsibility and jurisdiction of another public agency and not the agency making
the finding (City of Chula Vista). For the reasons described above, the proposed project is
not accounted for in the current SIP emissions budget. While the approval of the proposed
project would require amendments to the City of Chula Vista General Plan, the Otay Ranch
General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise Plan,
updating and amending the SIP is within the jurisdiction of the State of California Air
Resources Board. For these reason, impacts regarding consistency with the SIP and RAQs
are significant and unavoidable.
Because there are no applicable or feasible mitigation measures within the control of the
City at this time to reduce impacts to air quality plan consistency to below a level of
significance, impacts to air quality would remain significant and unmitigated. Adoption of
a Statement of Overriding Considerations will be required should the decision makers
choose to approve the project.
Reference
FEIR Section 5.3
Air Quality Standards
Thresholds of Significance
Impacts to air quality would be significant if the proposed project would:
• Violate any air quality standard or contribute substantially to an existing or projected air
quality violation.
® Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non - attainment under an applicable federal or state ambient air quality
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4su "mental E I R 42
standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors).
Impact
Volatile Organic Compounds (VOC) and Nitrogen Oxide (NO. ) emissions associated with
operation of the project would exceed the City of Chula Vista's significance thresholds and
would result in a cumulatively considerable contribution to regional VOC and NO, emissions.
Explanation
Operational impacts associated with the proposed project would include impacts associated with
vehicular traffic, as well as area sources such as natural gas use, consumer products use, and
architectural coatings use for maintenance purposes. Operational emissions associated with the
proposed project would exceed the significance thresholds for VOCs and NOx for all buildout
years (Years 2015, 2020, 2025, and 2030). The emissions are attributable to vehicles and area
sources, including use of consumer products. Emissions associated with consumer products use
would occur regardless of the location of residences. Impacts would be significant.
The SDAB is currently classified as a non - attainment area for the NAAQS and CAAQS for
Ozone (03), which is caused by contributions from 03 precursors NO, and VOCs. Because
the proposed project would result in operational emissions of VOCs and NOx that are
above the significance thresholds, the project would result in a cumulatively significant
impact on air quality.
Mitigation
No feasible mitigation measures exist to reduce impacts related to VOC and NOx emissions to a
level below significance.
Finding
Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make the mitigation infeasible. These considerations
are as follows:
Significant reductions in VOC and NO, emissions would be required to reduce emissions of these
pollutants to less than significant and feasible mitigation measures are not available to achieve
these reductions as emissions are attributable to consumer product use and mobile emissions.
Therefore, criteria pollutant emissions for VOC and NOx are anticipated to be above the.thresholds.
Emissions associated with vehicles have been reduced in the project through implementation of
project design features, including incorporating a mix of uses into the project and access to transit
Otay Ranch Village Two Comprehensive SPA Plan AmendmenP42- mental EIR. 43
CEQA Findings of Fact and Statement of Overriding Considerations
through access to NITS bus routes. Additionally, there is a potential for development of a BRT
station adjacent to the project site; however, no reductions have been included to account for this
future measure. Further, there are no feasible means within the City's power to control for
emissions resulting from consumer products. There are no additional measures that would reduce
emissions associated with project operations to below a level of significance.
Because there are no applicable or feasible mitigation measures within the control of the City at
this time to reduce impacts to air quality standards to below a level of significance, impacts to air
quality would remain significant and unmitigated. Adoption of a Statement of Overriding
Considerations will be required should the decision makers choose to approve the project.
Reference
FEIR Section 5.3
7.2.3 Utilities
Energy (cumulative)
Threshold of Significance
Impacts to gas and electric service would be significant if the proposed project would:
• Increase the demand of energy resources to exceed the City's available supply or cause a
need for new and expanded facilities the construction of which would cause significant
environmental impacts in order to maintain acceptable service ratios, response times or
other performance objectives.
Impact
Full buildout of the proposed project and cumulative projects would incrementally increase
energy use, resulting in an increase in energy demand for which the future supply cannot be
assured.
Explanation
Implementation of the proposed project and cumulative development in the surrounding area
would result in an increased energy demand of approximately 4,604,440 million kWh of
electricity per year at full buildout. A significant cumulative impact to energy resources would
result if demand exceeds the city's available supply and new or expanded facilities are required.
Otay Ranch Village Two Comprehensive SPA Plan Amendmen*'w" mental EIR 44
0 • • • • Jill • ! • • • • •
SDG &E has indicated that without an increased import capacity, including a new substation
within the Otay Ranch area, future energy needs could not be assured. Therefore, because no
assurance can be made that long -term energy will be supplied to all cumulative project sites at
full buildout and beyond, impacts would be considered cumulatively considerable and the
project's contribution to this cumulative impact would be significant and unavoidable.
Finding
Pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make the mitigation infeasible. These considerations
are as follows:
Implementation of the proposed project and all other identified cumulative projects would be
required to meet the mandatory energy standards of the Chula Vista Energy Code, current CCR
Title 24, Part 6 California Energy Code, and Part 11 California Green Building Standards.
Compliance with these policies and other energy reduction strategies would ensure that energy
use as a result of development would not be wasteful, inefficient, or unnecessary. However,
while individual projects may be able to reduce their energy consumption on at a project specific
level, there remains no assurance that an adequate energy supply will be available to serve the
cumulative increase in energy demand.
A new substation would be located in the Eastern Urban Center, south of the east end of Hunte
Parkway. Construction of the substation is expected to begin in late 2014 and is expected to be
placed in service in late 2015. The 120 megavolt amperes substation would provide
infrastructure necessary to provide power to buildout of Otay Ranch, but would not generate
electricity or guarantee that adequate supply would be available. Therefore, because no
assurance can be made that long -term energy will be supplied to all cumulative project sites at
full buildout and beyond, impacts would be considered cumulatively considerable and the
project's contribution to this cumulative impact would be significant and unavoidable.
Because there are no applicable or feasible mitigation measures within the control of the City at
this time to reduce impacts to air quality standards to below a level of significance, cumulative
impacts to energy consumption and supply would remain significant and unmitigated. Adoption
of a Statement of Overriding Considerations will be required should the decision makers choose
to approve the project.
Reference
FEIR Section 6.4.9
Otay Ranch Village Two Comprehensive SPA Plan Amendmen*1u1614mental EIR - 45
CEQA Findings of Fact and Statement of Overriding Considerations
is [ FEASIBILITY FOR POTENTIAL • • ALTERNATIVES
Because the project will cause significant environmental effects, as outlined above, the City must
consider the feasibility of any environmentally superior alternative to the project as finally
approved. The City must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant unavoidable environmental effects of Village Two.
In general, in preparing and adopting findings, a lead agency need not necessarily address
feasibility when contemplating the approval of a project with significant impacts. Where the
significant impacts can be mitigated to an acceptable (less than significant) level solely by the
adoption of mitigation measures, the agency, in drafting its findings, has no obligation to
consider the feasibility of environmentally superior alternatives, even if their impacts would be
less severe than those of the projects as mitigated (Laurel Heights Improvement Association v.
Regents of the University of California (1988) 47 Cal.3d 376 [253 Cal.Rptr. 426]; Laurel Hills
Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings
County Farm Bureau v. City of Hanford (1990) 221 Ca1.App.3d 692 [270 Cal.Rptr. 650]).
Accordingly, for this project, in adopting the findings concerning project alternatives, the City
Council considers only those environmental impacts that, for the finally approved project, are
significant and cannot be avoided or substantially lessened through mitigation.
If project alternatives are feasible, the decision makers must adopt a Statement of Overriding
Considerations with regard to the project. If there is a feasible alternative to the project, the
decision makers must decide whether it is environmentally superior to the project. Proposed
project alternatives considered must be ones that "could feasibly attain the basic objectives of the
project." However, the CEQA Guidelines also require an EIR to examine alternatives "capable
of eliminating" environmental effects, even if these alternatives "would impede to some degree
the attainment of the project objectives" (CEQA Guidelines Section 15126).
The City has properly considered and reasonably rejected project alternatives as "infeasible"
pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to
the findings requirement: "feasible means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic, environmental, social, and
technological factors" (Pub. Resources Code Section 21061.1). The CEQA Guidelines provide a
broader definition of "feasibility" that also encompasses "legal' factors. CEQA Guidelines
Section 15364 states, "the lack of legal powers of an agency to use in imposing an alternative or
mitigation measure may be as great a limitation as any economic, environmental, social, or
technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52
Cal.3d 553, 565 [276 Cal.Rptr.410]).
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4av "mental E I R 46
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different
meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public
Resources Code Section 21081 governs the "findings" requirement under CEQA with regard to
the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project
for which an EIR has been certified which identifies one or more significant effects on the
environment that would occur if the project is approved or carried out unless the public agency
makes one or more of the following findings:
"Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR" (CEQA Guidelines Section 15091, Subd. (a)(1)).
"Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency" (CEQA Guidelines Section 15091, Subd. (a)(2)).
"Specific economic, legal, social, technological, or other considerations, including
provisions of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final
EIR" (CEQA Guidelines Section 15091, Subd. (a)(3)).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v.
City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal. Rptr. 898]). " `[F]easibility' under
CEQA encompasses `desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29
Ca1.Rptr.2d 182]).
These findings contrast and compare the alternatives where appropriate in order to
demonstrate that the selection of the finally approved project, while still resulting in
significant environmental impacts, has substantial environmental, planning, fiscal, and other
benefits. In rejecting certain alternatives, the decision makers have examined the finally
approved project objectives and weighed the ability of the various alternatives to meet
objectives. The decision makers believe that the project best meets the finally approved
project objectives with the least environmental impact.
The detailed discussion in Section 7.0 demonstrates that all but the following significant
environmental effects of the project have been either substantially lessened or avoided through
Otay Ranch Village Two Comprehensive SPA Plan Amendmen*uff6mental EIR 47
11A Findings of • Statement of Overriding •... •- •
the imposition of existing policies or regulations or by the adoption of additional, formal
mitigation measures recommended in the EIR:
Transportation, Circulation, and Access
• Cumulative impacts to I -805 SB Ramps /Olympic Parkway under the Year 2020, 2025,
and 2030 Conditions
• Cumulative impacts to Orange Avenue, between Melrose Avenue and I -805 SB Ramps
under the Year 2020, 2025, and 2030 Conditions
• Cumulative impacts to I -805, from Market Street to Imperial Avenue and I -805, from
Imperial Avenue to E Division Street under the Year 2020, 2025, and 2030 Conditions.
• Cumulative impacts to I -805, from SR -94 to Market Street; I -805, from Plaza
Boulevard to SR -54; and 1 -805, from Bonita Road to East H Street under Year 2025
and Year 2030 Conditions
• Cumulative impacts to I -805, from SR -54 to Bonita Road and I -805, from East H Street
to Telegraph Canyon Road under Year 2030 Conditions
Air Quality
• Direct impacts to air quality plans
• Direct and cumulative impacts to air quality violations for VOC and Nox
Utilities
• Cumulative impacts to energy consumption and supply
To fully account for these unavoidable significant effects and the extent to which particular
alternatives might or might not be environmentally superior with respect to them, these findings
will focus on the impacts listed above, but may also address the environmental merits of the
alternatives with respect to all broad categories of impacts — even though such a far - ranging
discussion is not required by CEQA. The findings will also assess whether each alternative is
feasible in light of the City's objectives for the project.
The City's review of project alternatives is guided primarily by the need to reduce potential
impacts associated with the project, while still achieving the basic objectives of the project. The
SPA Plan defines, in more detail, the development parameters for Village Two, including the
intensity and location of development, the character and form of each neighborhood, design
criteria, primary transportation patterns, open space and recreational amenities, and infrastructure
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4au "mental EIR 48
R • • • • • •' •' • • •• •
and services necessary to support the community. Specific objectives of the proposed project are
listed in Section 2.2.
The City evaluated two alternatives to the project, which are discussed below: Reduced Density
Alternative and the No Project Alternative. Table 10 -2 in the EIR provides a summary table
comparing each of the alternatives. As the following discussion will show, no identified
alternative qualifies as both feasible and environmentally superior with respect to the
unmitigated impacts.
8.1 Reduced Density Alternative
Description
The Reduced Density Alternative would follow the same land use pattern existing SPA Plan, not
the land use pattern of the proposed project. In addition to utilizing the existing approved land
use pattern, the Reduced Density Alternative would propose an overall smaller increase in
residential units. hi summary, the Reduced Density Alternative would combine the current
approved SPA Plan with SPA Lite, while still adding density to neighborhoods R -10, R -11, R-
12, and C -1. The Reduced Density Alternative land use map is show in Figure 10 -1 of the EIR.
This alternative would result in a proposed increase of 484 additional residential units rather than
1,562 as proposed.
Impacts
Transportation, Circulation, and Access
The Reduced Density Alternative would reduce some level of service impacts, however would
not avoid all significant and unavoidable traffic impacts resulting from the proposed project.
Air Quality
The Reduced Density Alternative would exceed the RAQS growth assumption, similar to the
proposed project. While total operational emissions would be less than the proposed project, this
alternative would still result in new significant and unavoidable criteria pollutant emissions, and
would thus still be inconsistent with the RAQS and SIP. Direct and cumulative impacts would
remain significant and unavoidable.
Utilities: Energy
While the implementation of the Reduced Density Alternative would reduce overall energy
consumption of the Village Two, when viewed cumulatively, impacts to energy consumption
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4$u8qmental EIR 49
CEQA Findings of Fact and Statement of Overriding Considerations
would remain significant and unavoidable as energy availability cannot be guaranteed for the
buildout of Otay Ranch.
Finding
The Reduced Density Alternative would result in the development of fewer additional units,
however would still increase density within Village Two. Also, this alternative would still include
mixed use, pedestrian- oriented development, just at a lower density. The proposed project
objectives center on increasing the number of dwelling units and population within the same
Village Two development footprint, and in doing so promoting the viability of transit, industrial,
and commercial uses. Therefore, the Reduced Density Alternative would achieve most of the
proposed project objectives, but to a lesser degree than the proposed project. This alternative would
not meet the project objective of relocating the City of San Diego water pipeline.
As the City of San Diego water pipeline would not be relocated under the Reduced Density
Alternative, potential geologic hazards impacts would occur at any proposed land use within the
water pipeline easement.
The Reduced Density Alternative would not result in the provision of a site for a second
elementary school. As a result, a significant number of students would be required to attend
school at other elementary schools within the District and not in a reasonable walking distance.
This would not achieve a planning objective to provide adequate elementary school capacity in a
walkable environment within each Village.
With respect to the proposed project's significant and unavoidable traffic impacts, this
alternative would not avoid all significant and unavoidable traffic impacts resulting from the
proposed project.
With respect to the proposed project's significant and unavoidable air quality impact, this
alternative would still require amendments to the City of Chula Vista General Plan, the Otay
Ranch General Development Plan, the Specific Plan, and the Otay Ranch Core Master Precise
Plan and is therefore not accounted for in the SIP emissions budget. Even with the approval of
amendments to City of Chula Vista planning documents, the authority to update and amend the
SIP is within the jurisdiction of the State of California Air Resources Board.
With respect to the proposed project's significant and unavoidable cumulative energy impact,
this alternative would not avoid this significant cumulative impact due to the inability to
guarantee adequate electricity supply to the buildout of Otay Ranch.
Otay Ranch Village Two Comprehensive SPA Plan Amendme%sunmental EIR 50
CEQA Findings of Fact and Statement of Overriding Considerations
8.2 No Project Alternative
Description
The No Project Alternative would result in the continued development of the SPA Plan as it is
currently amended without the proposed project. The change in land use pattern, additional
school, parkland, and CPF, as well as the additional development of 1,562 residential units
would not occur.
Impacts
Under the No Project Alternative, development of Village Two would proceed as under the
current approved SPA Plan as amended. All significant, irreversible, and immitigable impacts
identified in the environmental documents prepared for the current SPA Plan would occur.
However, no further significant or potentially significant impacts would occur beyond what was
analyzed, discussed, and mitigated for in the 2006 EIR.
Finding
This alternative would avoid all significant and immitigable impacts identified as resulting from
the proposed project. However, this alternative would only meet one of the overall project
objectives of mixing uses to encourage walking and biking. The No Project Alternative fails to
meet the remaining project objectives which have the primary goal of increasing density within
Village Two. Therefore, pursuant to Section 15091(a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations make this alternative infeasible.
8.3 Environmentally Superior Alternative
The No Project Alternative would result in the least environmental impacts and would be the
environmentally superior alternative. However, Section 15126.6(e)(2) of the CEQA Guidelines
states that if the environmentally superior alternative is the No Project Alternative, the EIR shall
also identify an environmentally superior alternative among the other alternatives. In this case,
the environmentally superior alternative is the Reduced Density Alternative. The Reduced
Density Alternative meets most of the proposed project objectives, but to a lesser degree than the
proposed project while reducing impacts resulting from greater population growth of the
proposed project. It would not, however, avoid the significant and unrnitigable air quality
impacts resulting from the proposed project and new impacts related to development within the
City of San Diego water pipeline easement would occur.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4auMmental EIR 51
CEQA Findings of Fact and Statement of Overriding Considerations
9.0 STATEMENT OF OVERRIDING CONSIDERATIONS
The project would have significant, unavoidable impacts on the following areas, described in
detail in Section 7.0 of these Findings of Fact:
Transportation, Circulation, and Access
• Cumulative impacts to I -805 SB Ramps /Olympic Parkway under the Year 2020, 2025,
and 2030 Conditions
• Cumulative impacts to Orange Avenue, between Melrose Avenue and I -805 SB Ramps
under the Year 2020, 2025, and 2030 Conditions
• Cumulative impacts to I -805, from Market Street to Imperial Avenue and I -805, from
Imperial Avenue to E Division Street under the Year 2020, 2025, and 2030 Conditions.
• Cumulative impacts to I -805, from SR -94 to Market Street; I -805, from Plaza
Boulevard to SR -54; and I -805, from Bonita Road to East H Street under Year 2025
and Year 2030 Conditions
• Cumulative impacts to I -805, from SR -54 to Bonita Road and I -805, from East H Street
to Telegraph Canyon Road under Year 2030 Conditions
Air Quality
• Direct impacts to air quality plans
• Direct and cumulative impacts to air quality violations for VOC and NO,
Utilities
• Cumulative impacts to energy consumption and supply
The City has adopted all feasible mitigation measures with respect to these impacts. Although in
some instances these mitigation measures may substantially lessen these significant impacts,
adoption of the measures will, for many impacts, not fully avoid the impacts. Moreover, the City
has examined a reasonable range of alternatives to the project. Based on this examination, the
City has determined that none of the alternatives: (1) meets project objectives, and (2) is
environmentally preferable to the project. As a result, to approve the project, the City must adopt
a "statement of overriding considerations" pursuant to CEQA Guidelines sections 15043 and
15093. This provision allows a lead agency to cite a project's general economic, social, or other
benefits as a justification for choosing to allow the occurrence of specified significant
environmental effects that have not been avoided. The provision explains why, in the agency's
judgment, the project's benefits outweigh the unavoidable significant effects. Where another
Clay Ranch Village Two Comprehensive SPA Plan Amendmei- 4SwMemental EIR 52
CEQA Findings of Fact and Statement of Overriding Considerations
substantive law (e.g., the California Clean Air Act, the Federal Clean Air Act, or the California
and Federal Endangered Species Acts) prohibits the lead agency from taking certain actions with
environmental impacts, a statement of overriding considerations does not relieve the lead agency
from such prohibitions. Rather, the decision maker has recommended mitigation measures based
on the analysis contained in the Final EIR, recognizing that other resource agencies have the
ability to impose more stringent standards or measures.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRS
are to focus on potential "significant effects on the environment," defined to be "adverse."
(Pub. Resources Code Section 21068.) The Legislature amended the definition to focus on
"adverse" impacts after the California Supreme Court had held that beneficial impacts must
also be addressed (See, Wildlife Alive v. Chickering (1976) 18 Cal.3d 190, 206 [132 Cal.Rptr.
377]). Nevertheless, decision - makers benefit from information about project benefits. These
benefits can be cited, if necessary, in a statement of overriding considerations (CEQA
Guidelines Section 15093).
The City finds that the project would have the following substantial benefits. Any one of the
reasons for approval cited below is sufficient to justify approval of the project. Thus, even if a
court were to conclude that not every reason is supported by substantial evidence, the City
Council would stand by its determination that each individual reason is sufficient. The
substantial evidence supporting the various benefits can be found in the preceding findings,
which are incorporated by reference into this Section, and in the documents found in the Record
of Proceedings, as defined in Section 3.0.
The City, after balancing the specific economic, legal, social, technological or other benefits of
the project, including considerations for the provision of employment opportunities, determines
and finds that the unavoidable adverse environmental effects may be considered "acceptable"
due to the following specific considerations.
9.1 Project Benefits
9.1.1 Implementation of the Otay Ranch General Development Plan Goals,
Objectives and Principles
By implementing many of the goals, objectives, and principles of the Otay Ranch General
Development Plan, the proposed project provides benefit to Village Two, the surrounding
community, and the City of Chula Vista as a whole. In particular, the proposed project would
engender development of a complete, amenity rich community that furthers Otay Ranch Village
goals and objectives by enhancing living, working, learning, shopping, and transit options while
increasing residents' opportunities for social interaction and recreation to a greater extent than
the existing SPA Plan.
Otay Ranch Village Two Comprehensive SPA Plan Amendmen4Sug,�mental EIR 53
CEQA Findings of Fact and Statement of Overriding Considerations
Density in Core
Density is planned in and around the Village Two core as envisioned in the Otay Ranch General
Development Plan and 2006 Village of Montecito SPA, enhancing this area along with the
expansion of adjacent park and community facilities. Of the 1,562 proposed new units, 712 are
located within the boundary of the existing core and another 420 are located in the new expanded
core area (south of Santa Victoria).
Housing Choices and Alignment with Housing Market
The proposed project brings Village Two planning in -line with today's marketplace and
homebuyer preference as well as home typologies attainable to a broader range of buyers and
renters. This provides Chula Vista residents with a diverse range of housing choices and
opportunities which conform to their preferences. Aligning Village planning and today's housing
market also facilitates construction and home sales.
Viability of Transit
Increasing the number of dwelling units (and population) within Village Two provides additional
ridership for the regional Bus Rapid Transit (BRT) and local bus systems, which would facilitate
and support the introduction of transit on the Otay Valley Parcel. This increases
ridership /viability of the transit systems and reduces automobile dependence, emissions, and
traffic. Over 550 of the proposed 1,562 units (and over 1,500 of the total units within Village
Two) would be located immediately adjacent to the proposed BRT route.
Viability of Commercial Uses
Increasing the number of dwelling units (and population) in Village Two strengthens the market
for commercial uses in the Village. This promotes /enhances the mixed -use, walkable, main street
character of the village core. Supporting the viability of the commercial are 413 residential units
(353 of which would be developed as part of the proposed project) being developed in a mixed
use format with the commercial land uses.
Design and Mix of Uses to Encourage Walking/Biking
The proposed project results in a village safe for walking and cycling and reduces the reliance
upon the automobile. With viable commercial uses, Village Two residents can use the retail and
commercial uses for daily needs which include groceries, restaurants, dry cleaning, and
entertainment. By providing neighborhood serving uses close to homes, residents can walk or
bike instead of using an automobile. This promotes a healthy lifestyle, encourages local
businesses, and reduces automobile dependence, emissions, and traffic. Additionally, with the
creation of parks P -5 and P -6, residents of Village Two South and Village Two West would have
parks within a short walking distance.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4sunmental EIR 54
CEQA Findings of Fact and Statement of Overriding Considerations
Walking to School
Providing two elementary schools within Village Two puts residents and students closer to
elementary schools and helps ensure sufficient capacity would be available serve the students
within the Village. This allows implementation of programs such as `walking school buses'
where students walk to school in groups, eliminated car and bus trips. This promotes a healthy
lifestyle for students while reducing automobile dependence, emissions, and traffic.
Provision of Additional Park and Community Purpose Facilities
With approximately 7.8 acres of additional CPF and 10.8 acres of additional parkland located in
and near the village core, the proposed project allows a greater number of residents immediate
access to Park/CPF uses. Park/CPF provides residents valuable and unique opportunities for
recreation, social interaction, learning, and teaching. A resident may be able to enjoy a private
swim club, a community garden, a private recreational facility, a public park, and the town
square within short walking distance to a greater extent than under the current SPA Plan.
Village Character
The proposed project achieves the goal of a complete and balanced community with a mix of
density and uses, including housing, retail, employment, schools, parks, and civic facilities to a
much greater extent than the current SPA Plan. Increasing the number of dwelling units within
the Village, as well as increasing the parkland and CPF uses, would create a distinct character
within Village Two. This would create a positive, unique sense of place for residents and
visitors.
Additional Housing in the Same Footprint
Increasing density in select locations creates additional housing within the same Village
footprint, thereby reducing the potential for urban sprawl by increasing density on an existing
planned village. This furthers the goals of the City's housing element by allowing for new home
creation in today's marketplace, increasing affordability for homebuyers, increasing viability of
commercial uses, and decreasing per capita costs of infrastructure and municipal services.
Contextual Design
The proposed project would comply with existing Design Guidelines and be similar to the bulk,
scale, and architectural design of surrounding projects. The project is also connected via transit,
pedestrian bridges, and roadways to adjacent Villages.
Public Facilities Financing Plan
To identify, summarize, and implement the various facility costs associated with Village Two, a
Public Facility Financing Plan (PFFP) was created in conjunction with the existing Montecito
Clay Ranch Village Two Comprehensive SPA Plan AmendmenkSu94mental EIR 55
SPA, and amended in conjunction with 2012 SPA amendments. The PEEP implements the City's
Growth Management Program and meets General Plan/Growth Management Element goals and
objectives. The Chula Vista Growth Management Program ensures the City's necessary public
facilities and services exist or are provided concurrent with the demands of new development.
9.1.2 Extraordinary Benefits
In addition to meeting the goals, objectives, and principles of the Otay Ranch General
Development Plan, the Chula Vista General Plan, and the existing Village Two Sectional
Planning Area Plan, the proposed project provides a number of public benefits to the immediate
area, the Otay Ranch, and to the City of Chula Vista.
Extraordinary Benefit Contribution
Payment of a $5,000 per unit Extraordinary Benefit Contribution (for each new unit) totaling up
to $7,810,000. The City Council has full discretion to determine the use of this contribution to
benefit the citizens of Chula Vista.
Affordable Housing
The proposed project would comply with the Village Two Master Affordable Housing
Agreement to build all affordable units on -site. These units would be located within and adjacent
to the village core with access to neighborhood services and transit.
Heritage Road
The proposed project requires the completion and opening of Heritage Road to provide access
from Village Two to Main Street. The condition of approval to ensure the opening of a portion of
Heritage Road prior to the 155th building permit in the south planning area accelerates the
phasing plan and provides greater certainty than the current requirement for Village Two.
Housing Located Adjacent to Existing Infrastructure
The proposed project furthers the goals of the City's Housing Element by constructing a diverse
mix of housing on existing residential land, therefore preserving open space and other valuable
land uses.
Public Services
The proposed project ensures the adequate provision of public services, including police
services, fire protection and medical response, and an additional elementary school located
within the Village. School generation impacts will be mitigated through provision of land for a
second elementary school within Village Two. Additionally, all new units, like the existing units,
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4Sd &&mental EIR 56
�. r
Considerations
would be subject to the existing Chula Vista Elementary School District and Sweetwater Union
High School District Community Financing Districts.
Fiscal Impact
The proposed project encourages economic growth and diversity within the City of Chula Vista.
Increasing the number of dwelling units within the same village footprint increases tax revenues from
residential and commercial uses, supports employment of construction workers, and reduces per
capita costs for provision of public services. According to research by the Real Estate Research
Corporation, Robert Burchell and others report that compact growth can be up to 70% less costly for
governments. The proposed project contributes a net positive fiscal impact using conservative
assumptions for the efficiency of providing public services to a higher density project.
Adult Education/Vocational School
The proposed vocational school would provide local jobs, train local workers, and attract
businesses to locate within the greater Chula Vista community. This provides an expanding fiscal
benefit to local residents and the City of Chula Vista by training residents in skills targeted for
jobs to support Chula Vista's economic base..
Water Conservation
The proposed project amends the existing Landscape Master Plan with sustainable concepts
utilizing native, low water usage, and drought tolerant plants for manufactured open space lots,
including those along Heritage Road and Olympic Parkway. The proposed project would also
incorporate water conserving appliances and low water usage private landscape design.
Water Pipeline Relocation
Portions of the proposed project require the relocation of the City of San Diego Otay #2 Pipeline
which currently bisects Village Two to Olympic Parkway and La Media Road. Relocation of the
pipeline allows for cohesive development and reduces some development constraints that
currently exist in the Village. Additionally, it would allow for the acquisition of the 4.2 acre strip
of land dividing Community Park P -4 and the expansion of Neighborhood Park P -3 by 0.7 acres.
Economic Contribution
The proposed project encourages economic growth and diversity within the City of Chula Vista.
Increasing the number of dwelling units within the same village footprint increases tax revenues from
residential and commercial uses, supports employment of construction workers, and reduces per
capita costs for provision of public services. Addition permanent jobs would be created by the build -
out of the commercial and industrial land components of the proposed project.
Otay Ranch Village Two Comprehensive SPA Plan Amendmer4Su "mental EIR 57
• . Findings of Fact and Statement of Overriding Considerations
10.0 CONCLUSION
The proposed project implements the Otay Ranch General Development Plan and Chula Vista
General Plan by responding to regulatory, economic and market changes which have occurred
since the initial vision for Otay Ranch over 20 years ago. These include greater choice for both
for sale and rental home typologies, increased density to use existing developable land more
efficiently, and reducing the reliance on vehicular trips by locating additional residential
development in proximity to transit, public amenities and neighborhood serving uses. Additional
parkland and a second elementary school are planned to respond to the increase in population
resulting from additional residential units. The amendment to the existing Village Two SPA
includes greater certainty for the construction of public infrastructure such as the connection of
Heritage Road from Village Two to Main Street.
The City finds that there is substantial evidence in the administrative record of benefits, as
described above, which would directly result from approval and implementation of the proposed
project. The City finds that the need for these benefits specifically overrides the impacts of the
proposed project on air quality and transportation, circulation, and access. Thus, the adverse
effects of the proposed project are considered acceptable.
Otay Ranch Village Two Comprehensive SPA Plan Amendme%Su "mental EIR 58
INTENTIONALLY LEFT BLANK
Otay Ranch Village Two Comprehensive SPA Plan Amendmen45,48mental EIR 59
RESOLUTION NO. GPA 12 -04, PCM- 12- 17/18, PCS-12-02,03,04,05
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1)
APPROVE AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH
GENERAL DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES
TWO, THREE AND A PORTION OF VILLAGE FOUR SECTIONAL
PLANNING AREA (SPA) PLAN, OTAY RANCH VILLAGE TWO
PLANNED COMMUNITY DISTRICT REGULATIONS, LAND USE
DISTRICTS MAP AND ASSOCIATED REGULATORY DOCUMENTS;
2) APPROVE FOUR TENTATIVE MAPS: PCS -12 -02 (VILLAGE 2
NORTH), PCS 12 -03 (VILLAGE 2 WEST), PCS 12 -04 (VILLAGE 2 R-
15B), PCS 12 -05 (VILLAGE 2 SOUTH); AND 3) AN ASSOCIATED
DEVELOPMENT AGREEMENT, ALL FOR LANDS LOCATED
SOUTH OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD
WHEREAS, on July 9, 2012, a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin and Sons, LLC ( "Applicant,
Owner, and Developer ") requesting approval of amendments to the General Plan (GPA
12 -04), Otay Ranch GDP (PCM 12 -17), Otay Ranch Villages Two, Three and a Portion
of Village Four SPA Plan (Village 2 SPA Plan), Planned Community District
Regulations and associated regulatory documents (PCM 12 -18), and four new Tentative
Maps (PCS 12 -02, 03, 04, 05) affecting nearly 280 acres of Village 2 located south of
Olympic Parkway and west of La Media Road ( "Project ") and more specifically
described below; and
WHEREAS, an application for four Tentative Subdivision Maps (PCS 12 -02, 03,
04, 05) requests approval of 1,480 residential units within 18 Otay Ranch Village 2
Neighborhoods; and
WHEREAS, the City staff has negotiated a development agreement with the
Applicant for certain mutual benefits of the Project and determined it to be consistent
with the Otay Ranch General Development Plan and the City's General Plan;
WHEREAS, the area of land that is the subject of this Resolution are existing and
proposed parcels located in the western, northern, eastern and southern portions of Otay
Ranch Village 2 ( "Project Site "); and
WHEREAS, The Development Services Director has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project may have a significant effect on the environment as identified
in previous FEIR 02 -02; therefore, the City of Chula Vista has prepared a Supplemental
Environmental Impact Report, SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163.;
and
ATTACHMENT 3
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 2
WHEREAS, the Planning Commission finds that the Supplemental
Environmental Impact Report, SEIR- 12- 01 /SCH 2003091012 and associated Mitigation
and Reporting Program has been prepared in accordance with the requirements of CEQA
and the Environmental Review Procedures of the City of Chula Vista; and
WHEREAS, the Development Services Director set the time and place for a
hearing on the Project, and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to
the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m, September 24, 2014, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the hearing was thereafter closed.
NOW THEREFORE, THE CHULA VISTA PLANNING COMMISSION MAKES THE
FOLLOWING FINDINGS:
I. SPA FINDINGS
THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
PLAN, AS AMENDED, AND THE CHULA VISTA GENERAL PLAN, AS
AMENDED, AND ITS SEVERAL ELEMENTS.
The current General Plan land use designation for Neighborhoods R-1 5b, R-
20, R -21b and R -23 is Residential Low Medium; for Neighborhoods R- 4b(a),
R -5b, R -8c, and R -9b is Residential Medium; for Neighborhoods R- 17b(a), R-
17b(b), and R-1 9b is Residential Medium High; for Neighborhoods R- 4b(b),
R -24 and R -25a is Residential High; and for Neighborhoods R -10a, R -10b, R-
11, R -12a, R -12b, R -16b, R -27, R -31, MU -1, MU -2, MU -3 and C -1 is Mixed
Use Residential. The proposed project is consistent with these land use
designation as all densities fall within the prescribed GP ranges for each of
these categories.
The current Otay Ranch GDP land use designation for Neighborhoods R -15b, R-
20, R -21b and R -23 is Low Medium Village Density Residential (LMV); for
Neighborhoods R- 4b(a), R -5b, R -8c, R -9b, R- 17b(a) and R -19b is Medium
Density Residential (M); for Neighborhoods R- 4b(b), R -10a, R -10b, R -11, R-
12a, R -12b, R -16b, R- 17b(b), R -24, R -25a, R -27 and R -31 is High Density
Residential (H); and for Neighborhoods MU -1, MU -2, MU -3 and C -1 is Mixed
Use (MU). The proposed project is consistent with these land use designation as
all densities fall within the prescribed GDP ranges for each of these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 3 (SF3) for Neighborhoods R -20 and R -21b;
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
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Single Family 4 (SF4) for Neighborhoods R -8c, R -15b and R -23; Residential
Multi Family 1 (RM1) for Neighborhoods R- 4b(a), R -5b, R -9b, R- 17b(a) and R-
19b; Residential Multi Family 2 (RM2) for Neighborhoods R- 4b(b), R -1Oa, R-
lob, R -11, R -12a, R -12b, R -16b, R- 17b(b), R -24, R -25a, R -27 and R -31; and
Mixed Use (MU) for MU -1, MU -2, MU -3 and C -1. All neighborhoods are
consistent with these designations.
The proposed unit increase would not result in any significant land use,
planning, or zoning impacts. Though the addition of 1,562 units would increase
the density of the village, such an increase furthers the policy objective for
"Urban Villages" to have "higher densities and mixed uses in the village cores"
and to "provide a wide range of residential housing opportunities ... which
promotes a blend of multi family and single-family housing styles and densities,
integrated and compatible with other land uses in the area." Of the 1,562 total
new units, 1,132 (72 %) are located within the village core. The proposed unit
increase would also support Smart Growth Principles, as it provides compact
development oriented to pedestrians, bicyclists and transit, and would further
minimize urban sprawl development patterns. The proposed changes would also
provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will
be constructed or funded by the Applicant in accordance with the
Supplemental PFFP and Conditions of Approval. The on -site public streets
are designed in accordance with the City design standards and/or requirements
and provides for vehicular and pedestrian connections.
THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The requested amendments to the Village 2 SPA Plan rely on a combination of
the previously prepared and approved Villages Two, Three and Portion of
Village Four Public Facilities Financing Plan (Village 2 PFFP) and the newly
prepared Village 2 SPA Amendment Supplemental PFFP (Supplemental PFFP)
to outline infrastructure required to serve the previously approved 2,983 unit
project and the 1,562 proposed units, along with the timing of installation and
the financing mechanisms to promote the sequential development of the project.
The requested increase of 1,562 units will not adversely affect the timeframes
outlined in the Village 2 PFFP; rather, the Supplemental PFFP has identified
new triggers for providing specified public facilities to serve the additional units.
Development of the 1,562 units will occur in an orderly, sequential manner
outlined in both the Village 2 PFFP and Supplemental PFFP, as part of the
overall development of Otay Ranch Village 2.
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
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THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions
within the Project Site have been fully analyzed and will not adversely affect
the circulation system and overall land uses as previously envisioned in the
Otay Ranch GDP and Village 2 SPA Plan. The increase of 1,562 units
involving 325.7 acres would occur within the existing boundaries of Village 2.
The existing infrastructure (sewer, water, public services and facilities) has
been determined to be adequate to serve the proposed 1,562 -unit increase, as
described in the Supplemental PEEP. Additionally, a Water Quality Technical
Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global
Climate Change Evaluation, Sewer Service Technical Report and Water
Service Technical Report have been prepared, reviewed and approved by the
City. A Supplemental Environmental Impact Report (SEIR 12- 01 /SCH
2003091012) has been prepared addressing any new impacts and required
mitigation.
II. TENTATIVE MAP FINDINGS
TENTATIVE SUBDIVISION MAP, AS CONDITIONED HEREIN, IS IN
CONFORMANCE WITH THE ELEMENTS OF THE CITY'S GENERAL
PLAN, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE
SECTION 66473.5, BASED ON THE FOLLOWING:
1. Land Use and Transportation
PCS- 12 -02: The current General Plan land use designation for
Neighborhoods R -5b, R -8c, and R -9b is Residential Medium and for
Neighborhood R -10b is Mixed Use Residential. The proposed project is
consistent with these land use designation as all densities fall within the
prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhoods R -5b, R-
80, and R -9b is Medium Density Residential (M) and for Neighborhood R -10b is
High Density Residential (H). The proposed project is consistent with these land
use designation as all densities fall within the prescribed GDP ranges for each of
these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 4 (SF4) for Neighborhood R -8c; Residential
Multi Family 1 (RMI) for Neighborhoods R -5b and R -9b; and Residential
Multi Family 2 (RM2) for Neighborhood R -10b. All neighborhoods, as shown
on the TM, are consistent with these designations. In total, this TM depicts 88
residential units.
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 5
The subdivision design consists of 79 residential lots, one (1) open space lot,
one (1) public park, and one (1) CPF lot. 51 of the lots will be single family
and range from 4,250 sf to 17,107 sf in size. 27 of the lots are small lot single
family (each intended for a single detached product) that are categorized as
multi - family due to their density. The final multi - family lot is an extension of
the existing Neighborhood R -10b and will increase the total number of
residential units in that project by 10.
PCS- 12 -03: The current General Plan land use designation for Neighborhood
R -4b(a) is Residential Medium and for Neighborhood R -4b(b) is Residential
High. The proposed project is consistent with these land use designation as all
densities fall within the prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhood R -4b(a)
is Medium Density Residential (M) and for Neighborhood R -4b(b) is High
Density Residential (H). The proposed project is consistent with these land
use designation as all densities fall within the prescribed GDP ranges for each
of these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Residential Multi Family 1 (RMI) for Neighborhood R -4b(a)
and Residential Multi Family 2 (RM2) for Neighborhood R- 4b(b). Both
neighborhoods, as shown on the TM, are consistent with these designations. In
total, this TM depicts 386 residential units.
The subdivision design consists of 113 residential lots, four (4) open space
lots, one (1) public park, and two (2) BOA lots. 111 of the multi - family lots
will be small lot single family (each intended for a single detached product)
that are categorized as multi - family due to their density. The final 2 multi-
family lots create the R -4b(b) neighborhood which will allow up to 275
residential units.
PCS- 12 -04: The current General Plan land use designation for Neighborhood
R -15b is Residential Low Medium and for Neighborhood R -31 is Mixed Use
Residential. The proposed project is consistent with these land use designation
as all densities fall within the prescribed GP ranges for each of these
categories.
The current Otay Ranch GDP land use designation for Neighborhood R -15b is
Low Medium Village Density Residential (LW) and for Neighborhood R -31 is
High Density Residential (H). The proposed project is consistent with these land
use designation as all densities fall within the prescribed GDP ranges for each of
these categories.
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
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The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 4 (SF4) for Neighborhood R-1 5b and Residential
Multi Family 2 (RM2) for Neighborhood R -31. All neighborhoods, as shown
on the TM, are consistent with these designations. In total, this TM depicts 31
residential units.
The subdivision design consists of 7 residential lots. Six (6) of the lots will be
single family and range from 5,270 sf to 6,083 sf in size. The multi - family lot
is 1.1 acres in size and will allow up to 25 residential units.
PCS- 12 -05: The current General Plan land use designation for
Neighborhoods R -20, R -21b, and R -23 is Residential Low Medium; for
Neighborhoods R- 17b(a), R- 17b(b), and R -19b is Residential Medium High;
for Neighborhoods R -24 and R -25A is Residential High; and for
Neighborhoods R -16b and R -27 is Mixed Use Residential. The proposed
project is consistent with these land use designation as all densities fall within
the prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhoods R -20,
R -21b, and R -23 is Low Medium Village Density Residential (LMV); for
Neighborhoods R- 17b(a) and R -19b is Medium Density Residential (M); for
Neighborhoods R -16b, R- 17b(b), R -24, R -25a and R -27 is High Density
Residential (H). The proposed project is consistent with these land use
designation as all densities fall within the prescribed GDP ranges for each of
these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 3 (SF3) for Neighborhoods R -20 and R -21b;
Single Family 4 (SF4) for Neighborhood R -23; Residential Multi Family 1
(RM1) for Neighborhoods R- 17b(a) and R -19b; and Residential Multi Family
2 (RM2) for Neighborhoods R -16b, R- 17b(b), R -24, R25a and R -27. All
neighborhoods, as shown on the TM, are consistent with these designations. In
total, this TM depicts 975 residential units.
The subdivision design consists of 303 residential lots, one (1) HOA lot, four
(4) open space lots, one (1) public park, two (2) industrial lots, and three (3)
CPF lot. 226 of the lots will be single family and range from 5,060 sf to 14,064
sf in size. 73 of the lots are small lot single family (each intended for a single
detached product) that are categorized as multi - family due to their density.
The remaining four (4) multi - family lots are 4.7 acres (R- 1713(b)), 2.5 acres
(R -24), 14.1 acres (R -25a) and 8.7 acres (R -27). These lots are planned to
allow a maximum of 95 units, 59 units, 330 units and 175 units, respectively.
Overall, the proposed project furthers the policy objective for "Urban
Villages" to have "higher densities and mixed uses in the village cores" and to
"provide a wide range of residential housing opportunities ... which promotes
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 7
a blend of multi family and single-family housing styles and densities,
integrated and compatible with other land uses in the area. " The proposed
project would support Smart Growth Principles, as it provides compact
development oriented to pedestrians, bicyclists and transit, and would further
minimize urban sprawl development patterns. The proposed changes would
also provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will
be constructed or funded by the Applicant in accordance with the
Supplemental PFFP and Conditions of Approval. The on -site public streets
are designed in accordance with the City design standards and /or requirements
and provides for vehicular and pedestrian connections.
2. Economic Development
The proposed project results in an increase 1,562 residential units. There is a
reduction of 70 typical single family lots and provision of a wider range of
housing options and pricing for potential home - buyers in the current housing
market. By adding these units, increased patronage to the nearby commercial and
public /quasi - public uses can be anticipated to contribute to greater economic
development within Village 2 and the City.
The Project allows for further development of detached small lot single - family
homes and multi - family housing. The Project provides homebuyers the
opportunity to purchase both attached and detached homes with greater
affordability, reduced maintenance /utility costs, and less dependency on the
automobile, a guiding principal of the Otay Ranch GDP. The proposed homes
also provide further variation in housing opportunities available to Chula Vista
residents, consistent with General Plan Objective ED 2.
The proposed project also fosters economic development benefits at the
community level by providing for increased housing densities within the same
development footprint. These increased densities allow for infrastructure and
municipal services to be provided at reduced cost per capita (more people served
by the same municipal services). Additionally, with increased housing (and
population) within the same development footprint, increased densities improve
the viability of community serving commercial and public /quasi public uses as
well as alternative transportation modes. As a result, the proposed project may
serve as a catalyst for small and mid -sized industries and businesses and
community serving and neighborhood uses, consistent with General Plan
Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for
those services. A Supplemental PFFP has been prepared to analyze the additional
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 8
demand generated by 1,562 new units for public services and facilities, and the
phasing needs created by the Project.
A project -level water quality :technical report was completed for the proposed
project. The water quality technical report outlines the means and methods for
achieving the water quality treatment and hydromodification requirements of the
City of Chula Vista. The recommendations of the report will be implemented
through grading and improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban
runoff and storm water discharge. Best Management Practices (BMPs) for design,
treatment and monitoring for storm water quality would be implemented as
delineated in the Supplemental Environmental Impact Report (SEIR) with respect
to municipal and construction permits. Compliance with all applicable rules and
regulations governing water quality as well as implementation of all mitigation
measures outlined in the SEIR and the water quality technical report would ensure
no additional impacts to water quality.
Project- specific analyses have been conducted relative to the project's potential
sewer and water impacts. The proposed project would increase average projected
water demands by 472,420 gallons per day (gpd). A Water Supply Assessment
and Verification Report analyzing these new demands was approved by the Otay
Water District's Board of Directors on November 6, 2013.
The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315
gpd (484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon
Interceptor have already been identified for future replacement; the proposed
project would require one additional reaches of the Poggi Canyon Interceptor to
be upgraded in the future. Upon approval of the proposed project, the
Development Impact Fee for the Poggi Basin would be updated to reflect the
inclusion upsizing of P345 to P363 and to include these additional units. The new
units do not result in any deficiencies in the Salt Creek Basin.
4. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact
Report, Air Quality and Global Climate Change Evaluation, Sewer Service
Technical Report and Water Service Technical Report have been prepared,
reviewed and approved by the City. A Supplemental Environmental Impact
Report (SEIR- 12 -01) has been prepared for the project in order to address the
proposed addition of 1,562 units to the Village 2 SPA Plan.
5. Growth Management
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 9
The proposed project would result in 1,562 additional dwelling units in Village 2.
A Supplemental PFFP has been prepared which analyzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing
triggers for the provision of facilities and services to serve the project, consistent
with the City's Quality of Life Threshold Standards.
A project- specific traffic study, the Traffic Impact Analysis Village 2
Comprehensive SPA Amendment, analyzes the impact of 1,562 additional units in
Village 2. The traffic study concludes that the proposed project would generate a
total of 13,840 external daily trips by buildout of the project, including 1,068 AM
peak hour trips and 1,367 PM peals hour trips.
Direct traffic impacts would occur at two intersections along Heritage Road;
signalization would mitigate the intersection with Avenida De Las Vistas (in the
City of San Diego) and the intersection with Olympic Parkway will be mitigated
through payment of TDIF fees that will allow for the construction of Main Street
and La Media Road. Additionally, the project would result in cumulative impacts
to seven other intersections. Of these, all but one will be mitigated through signal
and road improvements that are covered by the TDIF program (towards which the
project will pay all appropriate fees). The final intersection, at 1 -805 SB ramps
and Olympic Parkway, has no feasible mitigation and remains significant and
unmitigable.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated by payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two
other roadway segments would be cumulatively impacted by the proposed
project. Olympic Parkway between Heritage Road and Santa Venetia Street
would be mitigated through payment of TDIF fees toward construction of Main
Street between Heritage Road and La Media Road. The other roadway segment,
Orange Avenue between Melrose Avenue and 1 -805 SB Ramps, has no feasible
mitigation and remains significant and immitigable.
In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on I -805, from SR -94 to Telegraph
Canyon Road. For this, there is no feasible mitigation available, and the impact
would remain significant and immitigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). Based on Student Generation Factors from CVESD, the
proposed 1,562 -unit increase would result in roughly 539 additional elementary
school students. A single elementary school was planned within the Village 2
core to serve the build -out population, but due to the increased student generation,
the project proposes a second school in the expanded southern portion of the core.
It is anticipated the entire Village 2 project will now generate approximately
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 10
1,517 students. CVESD sizes elementary schools to accommodate between 750
and 1,000 students; therefore, the new students would not result in inadequate
school facilities. The CVESD will determine which elementary school students
generated by the project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within
the Sweetwater Union High School District (SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by
the Village 2 SPA Amendment project.
The project site is within the boundaries of established Communities Facilities
Districts for both CVESD ( CVESD CFD 17) and SUHSD (SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village
2 SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two new public
parks have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from
the original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to
partially satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and
retains regional and natural open space features. The development of the site is
consistent with the goals and policies of the Conservation Element.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council
m
Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 11
adopt the attached Draft City Council Resolutions and Ordinances approving the Project
in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council
Resolutions and Ordinances be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8`h day of October, 2014, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Pat Laughlin, Secretary
Presented by:
Kelly Broughton, FSALA
Development Services Director
4 -109
Yolanda Calve, Chairperson
Approved as to form by:
Glen R. Googins
City Attorney
Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 10
1,517 students. CVESD sizes elementary schools to accommodate between 750
and 1,000 students; therefore, the new students would not result in inadequate
school facilities. The CVESD will determine which elementary school students
generated by the project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within
the Sweetwater Union High School District ( SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by
the Village 2 SPA Amendment project.
The project site is within the boundaries of established Cominunities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD ( SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village
2 SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two new public
parks have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from
the original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to
partially satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and
retains regional and natural open space features. The development of the site is
consistent with the goals and policies of the Conservation Element.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council
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Planning Commission Resolution GPA 12 -04, PCM 12- 17/18, PCS 12- 02/03/04/05
Page 11
adopt the attached Draft City Council Resolutions and Ordinances approving the Project
in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council
Resolutions and Ordinances be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 81" day of October, 2014, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Pat Laughlin, Secretary
Presented by:
Kelly Broughton, FSALA
Development Services Director
4 °111
Yolanda Calvo, Chairperson
Approved as to form by:
Glen R. Googins
City Attorney
RESOLUTION NO. SEIR 12 -01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT (SEIR 12- 01 /SCH
2003091012) FOR AMENDMENTS TO THE GENERAL PLAN,
THE OTAY RANCH GENERAL DEVELOPMENT PLAN, THE
OTAY RANCH VILLAGES TWO, THREE AND A PORTION
OF FOUR SECTIONAL PLANNING AREA PLAN AND
APPROVING FOUR TENTATIVE MAPS INCLUDING A
DEVELOPMENT AGREEMENT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Baldwin and Sons, LLC, submitted applications requesting approvals for a
General Plan, Otay Ranch General Development Plan, and Sectional Planning Area (SPA) Plan
Amendment, four (4 )Tentative Maps (TMs) and a Development Agreement, for Otay Ranch
Villages Two, Three and a Portion of Four (Project); and
WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR 12 -01 or
Draft SEIR) for the Project was issued for public review on May 20, 2014, and was processed
through the State Clearinghouse; and
WHEREAS, in consideration of the comments received on the Draft SEIR and
requirements of the California Environmental Quality Act (CEQA), a Final SEIR (Final SEIR
12 -01 or Final SEIR) was prepared for the Project; and
WHEREAS, Final SEIR 12 -01 incorporates all comments and recommendations received
on the Draft SEIR, a list of all persons, organizations, and public agencies commenting on the
Draft SEIR, and the City's responses to all "significant environmental points" raised by public
and agency comments submitted during the review and consultation process, in accordance with
CEQA Guidelines Section 15132; and
WHEREAS, additional corrections to Final SEIR 12 -01 did not result in modifications to
conclusions regarding significance of impacts or the addition of significant new information that
would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and
WHEREAS, Final SEIR 12 -01 incorporates, by reference, the prior EIRs that address the
subject property including the 2006 Final Second Tier EIR (FEIR 02 -02), the 2005 Chula Vista
General Plan Update FIR (EIR 05 -01), and the Otay Ranch GDP /SRP Program EIR (EIR 90 -01)
as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs;
and
ATTACHMENT 4
41112
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final SEIR 12 -01 on October 8, 2014 and, following vote of 0- 0 -0 -0, approved a resolution
recommending the City Council make certain Findings of Fact; adopt a Statement of Overriding
Considerations; adopt a Mitigation Monitoring and Reporting Program and certify Final SEIR
12 -01 for the Otay Ranch Villages Two, Three and a Portion of Four SPA Plan Amendment and
4 TMs pursuant to CEQA; and
WHEREAS, to the extent that the Findings of Fact and Statement of Overriding
Considerations for the Project, dated August 2014 (Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk), conclude that proposed mitigation measures
outlined in Final SEIR 12 -01 are feasible and have not been modified, superseded or withdrawn,
the City of Chula Vista herby binds itself and the Applicant and its successors in interest, to
implement those measures. These findings are not merely information or advisory, but constitute
a binding set of obligations that will come into effect when the City adopts the Resolution
approving the Project. The adopted mitigation measures contained within the MMRP Section of
Final SEIR 12 -01 are expressed as conditions of approval. Other requirements are referenced in
the MMRP that are adopted concurrently with these Findings of Fact and will be effectuated
through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on Final SEIR 12 -01 held on September 24, 2014, and before the City
Council at their public hearing held on October 7, 2014, as well as the Minutes and
Resolutions resulting therefrom on Final SEIR -12 -01 shall be incorporated into the
record of proceedings pursuant to Public Resources Code Section 21167.6. These
documents, along with any documents submitted to the decision - makers, including
documents specified in Public Resources Code Section 21167.6, subdivision (e), shall
comprise the entire record of proceedings for any claims under the California
Environmental Quality Act, Public Resources Code §21000 et seq. ( "CEQA"). The
record of proceedings shall be maintained by the City Clerk at City Hall.
H. FSEIR 12 -01 CONTENTS
That FSEIR 12 -01 consists of the following:
1. Supplemental EIR for the Project GP, GDP and SPA Plan Amendment and 4 TMs
(including Mitigation Monitoring and Reporting Program and Technical Appendices);
and
2. Comments and Responses
(All hereafter collectively referred to as " FSEIR 12 -01 ")
4113
III. ACCOMPANYING DOCUMENT TO FEIR 12 -01
1. Findings of Fact and Statement of Overriding Considerations
IV. PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that FSEIR 12 -01 was presented to the City
Council as the decision - malting body of the lead agency and that the City Council has
reviewed and considered the information contained in FSEIR 12 -01 prior to approving
the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that FSEIR 12 -01, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is
on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting
Program are prepared in accordance with the requirements of CEQA (Pub. Resources
Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that FSEIR 12 -01 reflects the independent
judgment and analysis of the City of Chula Vista as lead agency for the Project.
VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accept as its own, incorporate as if set
forth in fall herein, and make each and every one of the findings contained in
Exhibit "A" to this Resolution, a copy of which is on file in the office of the City
Clerk.
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set forth in Exhibit "A" to this Resolution and as
more fully identified and set forth in FSEIR 12 -01, the City Council hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
changes or alterations have been required in, or incorporated into the Project
which avoid or substantially lessen the significant environmental effects identified
in FSEIR 12 -01, and that such changes and alterations have eliminated or
substantially lessened all significant effects on the environment where feasible as
4 -3114
N
In
E.
F
shown in the findings set forth in Exhibit "A" to this Resolution. Furthermore,
the measures to mitigate or avoid significant effects on the environment,
consisting of those mitigation measures set forth in Final SEIR 12 -01 and in
Exhibit "A" to this Resolution, are fully enforceable through permit conditions,
agreements or other measures, including but not limited to conditions of approval
of the Project TMs, and will become binding upon the entity (such as the project
proponent or the City) assigned thereby to implement the same.
Infeasibility of Mitigation Measures
As more fully identified and set forth in FSEIR -12 -01 and in the Findings of Fact
for the Project, which is Exhibit "A" to this Resolution, certain mitigation
measures described in said documents are infeasible.
Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15092, the City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Exhibit "A" to this Resolution
are acceptable due to certain overriding concerns. Therefore, the City Council of
the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section
15093, a Statement of Overriding Considerations in the form set forth in Exhibit
"A" to this Resolution identifying the specific economic, social and other
considerations that outweigh and render the unavoidable significant adverse
environmental effects acceptable.
Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02 -02 and in Section XI of Exhibit
"A" to this Resolution, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified in FSEIR 12 -01, were not found
to reduce impacts to a less than significant level or meet the project objectives.
Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081 and CEQA Guidelines
Section 15091, the City Council hereby adopts the program for reporting on or
monitoring the changes which it has either required in the Project or made a
condition of approval to avoid or substantially lessen significant environmental
effects, consisting of the Mitigation Monitoring and Reporting Program set forth
in FSEIR 12 -01. The City Council further finds that the Mitigation Monitoring
and Reporting Program is designed to ensure that, during Project implementation,
4`t115
III. ACCOMPANYING DOCUMENT TO FEIR 12 -01
1. Findings of Fact and Statement of Overriding Considerations
IV. PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that FSEIR 12 -01 was presented to the City
Council as the decision - making body of the lead agency and that the City Council has
reviewed and considered the information contained in FSEIR 12 -01 prior to approving
the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that FSEIR 12 -01, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is
on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting
Program are prepared in accordance with the requirements of CEQA (Pub. Resources
Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that FSEIR 12 -01 reflects the independent
judgment and analysis of the City of Chula Vista as lead agency for the Project.
VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accept as its own, incorporate as if set
forth in full herein, and make each and every one of the findings contained in
Exhibit "A" to this Resolution, a copy of which is on file in the office of the City
Clerk.
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set forth in Exhibit "A" to this Resolution and as
more fully identified and set forth in FSEIR 12 -01, the City Council hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
changes or alterations have been required in, or incorporated into the Project
which avoid or substantially lessen the significant environmental effects identified
in FSEIR 12 -01, and that such changes and alterations have eliminated or
substantially lessened all significant effects on the environment where feasible as
4 -3114
shown in the findings set forth in Exhibit "A" to this Resolution. Furthermore,
the measures to mitigate or avoid significant effects on the environment,
consisting of those mitigation measures set forth in Final SEIR 12 -01 and in
Exhibit "A" to this Resolution, are fully enforceable through permit conditions,
agreements or other measures, including but not limited to conditions of approval
of the Project TMs, and will become binding upon the entity (such as the project
proponent or the City) assigned thereby to implement the same.
C. Infeasibility of Mitigation Measures
As more fully identified and set forth in FSEIR -12 -01 and in the Findings of Fact
for the Project, which is Exhibit "A" to this Resolution, certain mitigation
measures described in said documents are infeasible.
D. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15092, the City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Exhibit "A" to this Resolution
are acceptable due to certain overriding concerns. Therefore, the City Council of
the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section
15093, a Statement of Overriding Considerations in the form set forth in Exhibit
"A" to this Resolution identifying the specific economic, social and other
considerations that outweigh and render the unavoidable significant adverse
environmental effects acceptable.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02 -02 and in Section XI of Exhibit
"A" to this Resolution, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified in FSEIR 12 -01, were not found
to reduce impacts to a less than significant level or meet the project objectives.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081 and CEQA Guidelines
Section 15091, the City Council hereby adopts the program for reporting on or
monitoring the changes which it has either required in the Project or made a
condition of approval to avoid or substantially lessen significant environmental
effects, consisting of the Mitigation Monitoring and Reporting Program set forth
in FSEIR 12 -01. The City Council further finds that the Mitigation Monitoring
and Reporting Program is designed to ensure that, during Project implementation,
44115
the permittee /Project Applicant and any other responsible parties implement the
Project components and comply with the mitigation measures identified in the
Findings of Fact and the Mitigation Monitoring and Reporting Program.
VIII. NOTICE OF DETERMINATION
The Development Services Director of the City of Chula Vista is directed to file a Notice
of Determination with the County Clerk of the County of San Diego, should City Council
approve this Project.
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the
basis of the findings as set forth above certifies FSEIR 12 -01, and adopts the Findings of Fact and
Statement of Overriding Considerations (Exhibit "A" to this Resolution), and Mitigation
Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15 09 1.
Submitted by
Kelly Broughton, FASLA
Development Services Director
Approved as to form by
Glen R. Googins
City Attorney
Exhibit A - Findings of Fact and Statement of Overriding Considerations
45116
RESOLUTION 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
CHULA VISTA GENERAL PLAN; GENERAL
DEVELOPMENT PLAN (GDP), OTAY RANCH VILLAGES
TWO, THREE AND A PORTION OF VILLAGE FOUR
SECTIONAL PLANNING AREA (SPA) PLAN, AND
ASSOCIATED REGULATORY DOCUMENTS INCLUDING A
DEVELOPMENT AGREEMENT IN ORDER TO ADD 1,562
UNITS AMONG THIRTY SLY NEIGHBORHOODS AND
PLANNING AREAS WITHIN VILLAGE 2 LOCATED SOUTH
OF OLYMPIC PARKWAY AND WEST OF LA MEDIA ROAD
1. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is diagrammatically
represented in Exhibit A attached to and incorporated into this Resolution, and commonly
known as Village 2 SPA Amendment ('Project'), and for the purpose of general description
herein consists of nearly 326 acres of the approximate 766 acres located south of Olympic
Parkway and west of La Media Road ('Project Site "); and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista Development
Services Department on July 9, 2012 by Baldwin and Sons, LLC ( "Applicant, Owner, and
Developer ") requesting approval of amendments to the General Plan, Otay Ranch General
Development Plan (GDP), Otay Ranch Village Two, Three and a Portion of Village Four
SPA Plan ( "Village 2 SPA Plan") and Otay Ranch Village Two Planned Community
District Regulations and associated regulatory documents including a Development
Agreement affecting nearly 280 acres ( "Project'); and
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Development Plan, SPA Plan and
associated Design Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housing
Plan previously approved by City Council Resolution No. 2006 -156 on May 23, 2006,
amended City Council Resolution No. 2012 -009 on January 24, 2012, and City Council
Resolution No. 2012 -056 on April 3, 2012; 2) Planned Community District Regulations and
Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006,
amended by City Council Ordinance No. 3225 on February 14, 2012, and amended by City
Council Ordinance No. 3228 on April 17, 2012; 3) Tentative Subdivision Map (CVT 06-
4 -117 ATTACHMENT 5
Resolution No.
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05) approved by City Council Resolution 2006 -157 on May 23, 2006; Tentative
Subdivision Map (CVT 11 -02) approved by City Council Resolution 2012 -10; Tentative
Subdivision Map (CVT 11 -03) approved by City Council Resolution 2012 -11; Tentative
Subdivision Map (CVT 11 -04) approved by City Council Resolution 2012 -12; and
Tentative Subdivision Map (CVT 11 -05) approved by City Council Resolution 2012 -13 on
January 24, 2012; and Tentative Subdivision Map (CVT 11 -01) approved by City Council
Resolution 2012 -057 on April 3, 2012; and
D. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project may have a significant effect on the environment as identified in previous
FEIR 02 -02; therefore, the City of Chula Vista has prepared a Supplemental
Environmental Impact Report, SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163;
and
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of
Overriding Considerations and a Mitigation Monitoring and Reporting Program for the
GPA GDPA, SPA Plan amendment, and Tentative Maps pursuant to CEQA, by
Resolution No. 2014 -
E. Planning Commission Record of Application
WHEREAS, the Planning Commission set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500
feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing;
and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
October 8, 2014 and voted 0 -0 -0 -0 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 October 8, 2014 and the minutes and resolution
resulting therefrom, are incorporated into the record of this proceedings; and,
F. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
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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 of the City of Chula Vista on November 4, 2014 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.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it finds, determines, and resolves as follows:
H. 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 SEI R 12 -01/ SCH 2003091012 and adopted the
Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and
Reporting Program, as presented to as Exhibit "A" attached hereto and on file in the City
Clerk's Office.
III. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan, as amended, is
internally consistent and shall remain internally consistent following amendments thereof
by this Resolution.
IV. GENERAL DEVELOPMENT PLAN CONSISTENCY
The City Council hereby finds and determines that the General Development Plan, as
amended, is internally consistent and shall remain internally consistent following
amendments thereof by this Resolution.
V. ADOPTION OF GENERAL PLAN AND GENERAL DEVELOPMENT PLAN
AMENDMENTS
In light of the findings above, the General Plan and General Development Plan
Amendment provisions are hereby approved and adopted in the form as presented in
Exhibits B and C attached hereto and on file in the City Clerk's Office.
VI. GDP /SPA FINDINGS / APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
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PLAN, AS AMENDED, AND THE CHULA VISTA GENERAL PLAN, AS
AMENDED.
The current General Plan land use designation for Neighborhoods R -15b, R -20, R -21b
and R -23 is Residential Low Medium; for Neighborhoods R- 4b(a), R -5b, R -8c, and R -9b
is Residential Medium; for Neighborhoods R- 17b(a), R- 17b(b), and R -19b is Residential
Medium High; for Neighborhoods R- 4b(b), R -24 and R -25a is Residential High; and for
Neighborhoods R -10a, R -10b, R -11, R -12a, R -12b, R -16b, R -27, R -31, MU -1, MU -2,
MU -3 and C -1 is Mixed Use Residential. The proposed project is consistent with these
land use designation as all densities fall within the prescribed GP ranges for each of these
categories.
The current Otay Ranch GDP land use designation for Neighborhoods R -15b, R -20, R-
21b and R -23 is Low Medium Village Density Residential (LMV); for Neighborhoods R-
4b(a), R -5b, R -8c, R -9b, R- 17b(a) and R -19b is Medium Density Residential (M); for
Neighborhoods R- 4b(b), R -10a, R -10b, R -11, R -12a, R -12b, R -16b, R- 17b(b), R -24, R-
25a, R -27 and R -31 is High Density Residential (H); and for Neighborhoods MU -1, MU-
2, MU -3 and C -1 is Mixed Use (MU). The proposed project is consistent with these land
use designation as all densities fall within the prescribed GDP ranges for each of these
categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 3 (SF3) for Neighborhoods R -20 and R -21b; Single Family
4 (SF4) for Neighborhoods R -8o, R -15b and R -23; Residential Multi Family 1 (RMI) for
Neighborhoods R- 4b(a), R -5b, R -9b, R- 17b(a) and R -19b; Residential Multi Family 2
(RM2) for Neighborhoods R- 4b(b), R -10a, R -1 0b, R -11, R -12a, R -12b, R -16b, R- 17b(b),
R -24, R -25a, R -27 and R -31; and Mixed Use (MU) for MU -1, MU -2, MU -3 and C -1. All
neighborhoods are consistent with these designations.
The proposed unit increase would not result in any significant land use, planning, or
zoning impacts. Though the addition of 1,562 units would increase the density of the
village, such an increase furthers the GDP policy objective for "Urban Villages" to have
"higher densities and mixed uses in the village cores" and to "provide a wide range of
residential housing opportunities ... which promotes a blend of multi family and single -
family housing styles and densities, integrated and compatible with other land uses in the
area." Of the 1,562 total new units, 1,132 (72 %) are located within the village core. The
proposed unit increase would also support Smart Growth Principles, as it provides
compact development oriented to pedestrians, bicyclists and transit, and would further
minimize urban sprawl development patterns. The proposed changes would also provide
more land use diversity, increase pedestrian orientation and make commercial uses in
Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will be
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constructed or funded by the Applicant in accordance with the Supplemental PFFP and
Conditions of Approval. The on -site public streets are designed in accordance with the
City design standards and/or requirements and provides for vehicular and pedestrian
connections,
B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The requested amendments to the Village 2 SPA Plan rely on a combination of the
approved Village Two, Three and Portion of Village Four Public Facilities Finance Plan
(Village 2 PFFP) and the newly prepared Village 2 SPA Amendment Supplemental PFFP
(Supplemental PFFP) to outline infrastructure required to serve the entire, previously
approved 2,983 unit project and the 1,562 additional units proposed as part of the Village 2
SPA Amendment, along with the timing of installation and the financing mechanisms to
promote the sequential development of the project. The requested increase of 1,562 units
will not affect the timeframes outlined in the Supplemental PFFP. Development of the
1,562 units will occur in an orderly, sequential manner as part of the overall development of
Village 2.
C. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within the
Project Site have been fully analyzed and will not adversely affect the circulation system
and overall land use as previously envisioned in the Otay Ranch General Development
Plan and Village 2 SPA Plan. The increase of 1,562 units involving 280 acres would
occur internally within the boundaries of the approximate 766 acre Village 2 site. The
existing infrastructure (sewer, water, public services and facilities) has been determined
to be adequate to serve the proposed 1,562 additional units transfer, as described in the
Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic Impact
Study, Noise Impact Study, Air Quality and Global Climate Change Report, Water
Service Technical Memo and Sewer Service Technical Memo have been prepared,
reviewed and approved. A Supplemental Environmental Impact Report has been prepared
and the Development Services Director has determined that any impacts associated with
the proposed amendments have been addressed and the requested amendments to the SPA
will not adversely affect the adjacent land uses, residential enjoyment, circulation or
environmental quality of the surrounding uses.
VII. APPROVAL OF GDP /SPA AMENDMENTS
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Based on the findings above, the City Council approves the amendments to the Otay Ranch
GDP and Village 2 SPA Plan shown in Exhibits B and C, and Attachment 6 on file in the
office of the City Clerk, subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in Final Supplemental
EIR (FSEIR 12 -01), to the satisfaction of the Development Services Director.
2. All the terms, covenants and conditions contained within the "Exhibit B" of the Otay
Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006 -156 shall
continue to be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property.
3. Applicant shall provide the required affordable housing to the satisfaction of the
Development Services Director.
4. Prior to approval of building permits for each phase of the Project, the Applicant shall
demonstrate that the air quality control measures outlined in the Otay Ranch Village 2
SPA Plan Air Quality Technical Report pertaining to the design, construction and
operational phases of the project have been incorporated in the project design.
5. Prior to the 60th day after the Ordinance becomes effective, the Applicant shall prepare a
clean copy of the SPA Plan document by deleting all strike out / underlines and shading.
Where the document contains both, an existing and proposed exhibit, the previous
existing exhibit shall be removed and substituted. In addition, the strike -out underlined
text, document format, maps and statistical changes within the Otay Ranch Village 2
SPA, PC District Regulations, and Village Design Guidelines, for the Village 2 SPA
Amendment project shall be incorporated into the final document and approved by the
Development Services Director for printing.
6. Prior to the 60th day after the Ordinance becomes effective, the Applicant shall submit to
the Development Services Department 10 copies and a CD of the approved amendment to
the Otay Ranch Village 2 SPA Plan, and PC District Regulations.
VIII. 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
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Applicant or successor in interest by the City approval of this Resolution.
IX. INVALIIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that any one or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect ab initio.
Presented by:
Kelly Broughton, FSALA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
4 -123
4 -124
ORDINANCE NO
ORDINANCE OF THE CITY OF CHULA APPROVING
AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE
DISTRICTS MAP FOR 26 NEIGHBORHOODS AND 10
PLANNING AREAS
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Ordinance is diagrammatically
represented in "Exhibit A" attached to and incorporated into this Ordinance, and commonly
known as Village 2 SPA Amendment ( "Project'), and for the general purpose of general
description herein consists of approximately 325.7 acres located south of Olympic Parkway
and west of La Media Road within the Otay Ranch Village 2 Planned Community ( "Project
Site "); and,
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista Development
Services Department on July 9, 2012 by Baldwin & Sons ( "Applicant, Owner, and
Developer "), requesting approval of amendments to the Otay Ranch Village 2 Planned
Community District (PC) Regulations and Land Use Districts Map; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a, General Development Plan, SPA Plan and
associated Design Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housing
Plan previously approved by City Council Resolution No. 2006 -156 on May 23, 2006,
amended City Council Resolution No. 2012 -009 on January 24, 2012, and City Council
Resolution No. 2012 -056 on April 3, 2012; 2) Planned Community District Regulations and
Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006,
amended by City Council Ordinance No. 3225 on February 14, 2012, and amended by City
Council Ordinance No. 3228 on April 17, 2012; 3) Tentative Subdivision Map (CVT 06 -05)
approved by City Council Resolution 2006 -157 on May 23, 2006; Tentative Subdivision
Map (CVT 11 -02) approved by City Council Resolution 2012 -10; Tentative Subdivision
Map (CVT 11 -03) approved by City Council Resolution 2012 -11; Tentative Subdivision
Map (CVT 11 -04) approved by City Council Resolution 2012 -12; and Tentative Subdivision
Map (CVT 11 -05) approved by City Council Resolution 2012 -13 on January 24, 2012; and
Tentative Subdivision Map (CVT 11 -01) approved by City Council Resolution 2012 -057 on
April 3, 2012; and
ATTACHMENT 6
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Ordinance No.
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D. Planning Commission Record of Application
WHEREAS, the Planning Commission set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500
feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
October 8, 2014, and voted 0 -0 -0 -0 to forward a recommendation to the City Council on the
Project; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the public hearing on this project held on September 24, 2014, and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
feet of the exterior boundaries of the Proj ect at least ten (10) days prior to the hearing; and,
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on November 4, 2014, in the Council Chambers in
the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive
the recommendations of the Planning Commission, and to hear public testimony with regard
to the same; and
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced for
first reading on November 4, 2014 the City Council of the City of Chula Vista approved
Resolution , by which it approved amendments to the Otay Ranch Village 2 GDP,
SPA Plan, Design Guidelines, the Supplemental Public Facilities Financing Plan, the Air
Quality Improvement Plan and the Water Conservation Plan, and Tentative Map; and
G. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality-Act (CEQA) and has determined that
the project may have a significant effect on the environment as identified in previous FEIR
02 -02; therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact
Report, SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163; and
NOW THEREFORE, the City Council of the - City of Chula Vista does hereby find,
determine and ordain as follows:
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A. CONSISTENCY WITH GENERAL PLAN
The City Council finds that the proposed amendments to the Otay Ranch Village 2
Planned Community District Regulations and Land Use District Map are consistent
with the City of Chula Vista General Plan. The residential nature of the proposed use
would be consistent with the adopted residential designations for this project site and
compatible with the surrounding residential and village- related land uses of the Otay
Ranch area.
B. APPROVAL OF PROPOSED AMENDMENTS
The City Council approves the amendments to the Otay Ranch Village 2 Planned
Community District Regulations and Land Use District Map as represented in Exhibit
B and Attachment 6, on file in the office of the City Clerk.
Ill. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
Presented by
Kelly Broughton, FSALA
Development Services Director
Approved as to form by
Glen R. Googins
City Attorney
4 -127
4 °128
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP WITHIN OTAY RANCH VILLAGE 2 NORTH — CHULA
VISTA TRACT 12 -02
I. RECITALS
1. Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods
R -5b, R -8c, R -9b and R -10b, Chula Vista ( "Property "); and
2. Project; Applications for Discretionary Approval
WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map
(Chula Vista Tract (CVT) 12 -02) was filed with the City of Chula Vista Development Services
Department by Baldwin and Sons ( "Applicant') to subdivide an approximately 40 -acre site
within Otay Ranch Village 2 North, Neighborhoods R -5b, R -8c, R -9b and R -10b, into 51 single
family lots, 28 multi- family, one (1) HOA open space lot, one (1) public park, and one (1) CPF
lot; and
3. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project may have a significant effect on the environment as identified in previous FEIR 02 -02;
therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report,
SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163.; and
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA
Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 -
4. Planning Commission Record on Application
WHEREAS, on October 8, 2014, the Director of Development Services set a hearing
before the Planning Commission for the consideration of and recommendation on Tentative
Subdivision Map. Notice of said hearing, together with its purpose, was given by both
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Resolution No.
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publication in a newspaper of general circulation in the City and mailing to property owners and
residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to
the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 8, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map CVT 12 -02; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 12 -02 within Otay Ranch Village 2 North Neighborhoods
R -5b, R -8c, R -9b and R -10b; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
ten (10) days prior to the hearing; and
WHEREAS, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth
Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to
consider said Project: said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City's General Plan, based on the following:
1. Land Use and Transportation
The current General Plan land use designation for Neighborhoods R -5b, R -8c, and R-
9b is Residential Medium and for Neighborhood R -10b is Mixed Use Residential.
The proposed project is consistent with these land use designation as all densities fall
within the prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhoods R -5b, R -8c,
and R -9b is Medium Density Residential (M) and for Neighborhood R -10b is High
Density Residential (H). The proposed project is consistent with these land use
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Resolution No.
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designation as all densities fall within the prescribed GDP ranges for each of these
categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 4 (SF4) for Neighborhood R -8c; Residential Multi
Family 1 (RMI) for Neighborhoods R -5b and R -9b; and Residential Multi Family 2
(RM2) for Neighborhood R -10b. All neighborhoods, as shown on the TM, are
consistent with these designations. In total, this TM depicts 88 residential units.
The subdivision design consists of 79 residential lots, one (1) open space lot, one (1)
public park, and one (1) CPF lot. 51 of the lots will be single family and range from
4,250 sf to 17,107 sf in size. 27 of the lots are small lot single family (each intended
for a single detached product) that are categorized as multi- family due to their
density. The final multi - family lot is an extension of the existing Neighborhood R-
10b and will increase the total number of residential units in that project by 10.
The proposed project furthers the policy objective for "Urban Villages" to have
"higher densities and mixed uses in the village cores" and to `provide a wide range of
residential housing opportunities ... which promotes a blend of multi family and
single-family housing styles and densities, integrated and compatible with other land
uses in the area. " The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns. The proposed changes
would also provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will be
constructed or funded by the Applicant in accordance with the Supplemental PFFP
and Conditions of Approval. The on -site public streets are designed in accordance
with the City design standards and/or requirements and provides for vehicular and
pedestrian connections.
2. Economic Development
The proposed project results in an increase 1,562 residential units. There is a
reduction of 70 typical single family lots and provision of a wider range of housing
options and pricing for potential home - buyers in the current housing market. By
adding these units, increased patronage to the nearby commercial and public /quasi-
public uses can be anticipated to contribute to greater economic development within
Village 2 and the City.
The Project allows for further development of detached small lot single - family homes
and multi - family housing. The Project provides homebuyers the opportunity to
purchase both attached and detached homes with greater affordability, reduced
maintenance /utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in
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Resolution No.
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housing opportunities available to Chula Vista residents, consistent with General Plan
Objective ED 2.
The proposed project also fosters economic development benefits at the community
level by providing for increased housing densities within the same development
footprint. These increased densities allow for infrastructure and municipal services to
be provided at reduced cost per capita (more people served by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of community
serving commercial and public /quasi public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and mid-
sized industries and businesses and community serving and neighborhood uses,
consistent with General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the additional demand
generated by 1,562 new units for public services and facilities, and the phasing needs
created by the Project.
A project -level water quality technical report was completed for the proposed project.
The water quality technical report outlines the means and methods for achieving the
water quality treatment and hydromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through grading and
improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban runoff
and storm water discharge. Best Management Practices (BMPs) for design, treatment
and monitoring for storm water quality would be implemented as delineated in the
Mitigated Negative Declaration with respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigation measures outlined in the Mitigated Negative
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
Project- specific analyses have been conducted relative to the project's potential sewer
and water impacts. The proposed project would increase average projected water
demands by 472,420 gallons per day (gpd). A Water Supply Assessment and
Verification Report analyzing these new demands was approved by the Otay Water
District's Board of Directors on November 6, 2013.
The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor
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Page 5
have already been identified for future replacement; the proposed project would
require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the
future. Upon approval of the proposed project, the Development Impact Fee for the
Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and
to include these additional units. The new units do not result in any deficiencies in the
Salt Creek Basin.
4. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact
Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical
Memo and Water Service Technical Memo have been prepared, reviewed and
approved by the City. A Supplemental Environmental Impact Report (SEIR- 12 -01)
has been prepared for the project in order to address the proposed addition of 1,562
units (inclusive of the subject 88 units associated with this Tentative Map) to the
Village 2 SPA Plan.
5. Growth Mana eg ment
The proposed project would result in 1,562 additional dwelling units in Village 2. A
Supplemental PEEP has been prepared which analyzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with the
City's Quality of Life Threshold Standards.
A project - specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive
SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The
traffic study concludes that the proposed project would generate a total of 13,840
external daily trips by buildout of the project, including 1,068 AM peak hour trips
and 1,367 PM peak hour trips.
Direct traffic impacts would occur at two intersections along Heritage Road;
signalization would mitigate the intersection with Avenida De Las Vistas (in the City
of San Diego) and the intersection with Olympic Parkway will be mitigated through
payment of TDIF fees that will allow for the construction of Main Street and La
Media Road. Additionally, the project would result in cumulative impacts to seven
other intersections. Of these, all but one will be mitigated through signal and road
improvements that are covered by the TDIF program (towards which the project will
pay all appropriate fees). The final intersection, at I -805 SB ramps and Olympic
Parkway, has no feasible mitigation and remains significant and umnitigable.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated by payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two other
roadway segments would be cumulatively impacted by the proposed project. Olympic
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Parkway between Heritage Road and Santa Venetia Street would be mitigated
through payment of TDIF fees toward construction of Main Street between Heritage
Road and La Media Road. The other roadway segment, Orange Avenue between
Melrose Avenue and I -805 SB Ramps, has no feasible mitigation and remains
significant and unmitigable.
In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on I -805, from SR -94 to Telegraph Canyon
Road. For this, there is no feasible mitigation available, and the impact would remain,
significant and unmitigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District ( CVESD). Based on Student Generation Factors from CVESD, the proposed
1,562 -unit increase would result in roughly 539 additional elementary school
students. A single elementary school was planned within the Village 2 core to serve
the build -out population, but due to the increased student generation, the project
proposes a second school in the expanded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approximately 1,517
students. CVESD sizes elementary schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD will determine which elementary school students generated by the
project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union High School District ( SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by the
Village 2 SPA Amendment project.
The project site is within the boundaries of established Communities Facilities
Districts for both CVESD ( CVESD CFD 17) and SUHSD ( SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village 2
SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two new public parks
have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
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In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from the
original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to partially
satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and retains
regional and natural open space features. The development of the site is consistent
with the goals and policies of the Conservation Element.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allow for the optimum siting of lots
for natural and passive heating and cooling opportunities. The development of the site
will be subject to site plan and architectural review to ensure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development, because it is generally level and
is located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
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BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Development
Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL /DEVELOPMENT SERVICES
1. The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12 -02, 12-
03, 12 -04, and 12 -05 generally located south of the existing Olympic Parkway and west
of La Media Road.
2. The Project shall comply with approved General Plan Amendment GPA -12 -04 and
General Development Plan Amendment PCM- 12 -17, the Sectional Planning Area (SPA)
Plan PCM- 12 -18, approved 2014, and all supporting documents including but not
limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan,
Affordable Housing Plan and Non - Renewable Energy Conservation Plan, Air Quality
Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula
Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein.
3. Prior to the issuance of the 60`h residential building permit for Neighborhood R -20, the
Applicant shall commence construction on the CPF -2 site, to the satisfaction of the
Development Services Director.
4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1696.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12 -01) for Amendments to the Chula Vista
General Plan (GPA 12 -04) and Otay Ranch General Development Plan (PCM- 12 -17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM- 12 -18) Environmental Impact Report
(CV SEIR 12 -01) ap4:associated Mitigation Monitoring and Reporting Program (MMRP)
for the Project, within the timeframe specified in the MMRP.
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6. The CC &R's for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of this disclosure document shall be recorded with the City of Chula Vista as part
of project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase of
a home.
7. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential /commercial or multi - family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the applicant's request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
9. Prior to the first final map, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(J).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets shown on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Project and as specified in Otay
Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5
"Phasing Summary" and Table C.6 "Project Frontage & Access ". The Applicant shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney.
11. Prior to approval of any final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
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12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the
City at least 60 days prior to consideration of the first map by the City if any of -site right -
of -way or any interest in real property needed to construct or install offsite improvements
cannot be obtained as required by the Conditions of Approval. After said notification, the
developer shall comply with the requirements set forth in Standard Condition 40.
13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an
approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water
District. The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and extensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final `B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdivision will be provided adequate
water service and long -term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer -of-
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer -of -work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion, no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of $20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
18. Prior to issuance of any building permit for a residential unit located within the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village Two to Olympic Parkway and La Media Road.
19. Prior to the first final map for the project developer shall agree not to protest the
formation of a reimbursement district for the construction of non -TDIF eligible
improvements associated with the construction of Heritage Road.
20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
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21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIE.
22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Affordable Housing:
23. Prior to approval of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. If an existing Affordable Housing Agreement is
already in place, Applicant shall adhere to the terms thereof.
Grading:
24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall
25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
irrigation installation.
26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water
meters in accordance with the approved landscape and irrigation plans to the satisfaction
of the Development Services Director.
27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the development services director and the city engineer.
(Land Development)
28. Prior to the issuance of any construction or grading permit which impacts off -site
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off -site grading. (Engineering)
29. Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
4 °139
Resolution No.
Page 12
American Association of State .Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
30. Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services.
Parks:
32. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 0.3 acre located within R -413(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R- 413(b).
33. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
34. Prior to City acceptance of parkland located in the City of San Diego's easement for the
Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to
Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition
until the easement is removed and the land is unencumbered.
Landscaping/Walls/Fences:
35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
36. Prior to approval of the grading plans for Ind -3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Preserve Open Space
37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the
project area within the Otay Ranch Preserve Community Facilities District No. 97 -2.
38. Prior to recordation of each final map the applicant shall convey fee title to land within
the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient
4 -140
Resolution No.
Page 13
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered conveyance property consistent with
the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve
Community Facilities District No. 97 -2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
Other
39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facility.
40. Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi - family, or other non - residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste
and Litter, and Section 8.25 — Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a. The Applicant shall design mixed -use, multi - family, and commercial development
projects to comply with the Recycling and Solid Waste Standards for central
collection bin services.
b. The Applicant shall design each single - family lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste containers
(3 total), as approved for a small - quantity generator (single family residential use).
B. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
1. Approval of this request shall not waive compliance with all sections of the Chula Vista
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Tentative Subdivision Map where indicated below. The Property Owner's
and Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicant's successors and assigns.
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Page 14
3. 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.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area
(SPA) Plan and supporting documents including: Village Two Public Facilities Finance
Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails
Plan; Village Two SPA Affordable Housing Plan and the Non - Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by
the City Council.
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 rime, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and /or seek damages for their violation. The applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
6. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Supplemental Environmental Impact Report (SEIR- 12 -01) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
The applicant shall comply with all applicable Village Two SPA conditions of approval,
(PCM 12 -18) as may be amended from time to time.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and /or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
4 °142
Resolution No.
Page 15
the Property Owner /Applicant's desire that the project, and the corresponding application
for building permits and /or a business license, be held in abeyance without approval.
Signature of Property Owner
Signature of Applicant
Date
Date
VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved
hereunder, and any permits issued in reliance hereon shall be deemed to be automatically
revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdivision Map (CVT- 12 -02) subject to conditions listed above to subdivide seven
(7) existing lots totaling approximately 40 acres into 51 single family lots, 28 multi - family, one
(1) HOA open space lot, one (1) public park, and one (1) CPF lot; this Tentative Map covers a
total of 88 residential units.
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
4 -143
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RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP WITHIN OTAY RANCH VILLAGE 2 WEST — CHULA VISTA
TRACT 12 -03
I. RECITALS
1. Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description, is located in the northern portion of Otay Ranch Village 2 West
Neighborhoods R -4b(a) and R- 4b(b), Chula Vista ( "Property "); and
2. Project; Applications for Discretionary Approval
WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map
(Chula Vista Tract (CVT) 12 -03) was filed with the City of Chula Vista Development Services
Department by Baldwin and Sons ( "Applicant') to subdivide a 48.2 -acre site within Otay Ranch
Village 2 West, Neighborhoods R -4b(a) and R- 4b(b), into 113 multi - family lots, one (1) public
park, four (4) open space lots, and two (2) HOA lots; and
3. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project may have a significant effect on the environment as identified in previous FEIR 02 -02;
therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report,
SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163.; and
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA
Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 -
4. Planning Commission Record on Application
WHEREAS, on October 8, 2014, the Director of Development Services set a hearing
before the Planning Commission for the consideration of and recommendation on Tentative
Subdivision Map. Notice of said hearing, together with its purpose, was given by both
publication in a newspaper of general circulation in the City and mailing to property owners and
4 -145
Resolution No.
Page 2
residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to
the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 8, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map CVT 12 -03; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 12 -03 within Otay Ranch Village 2 West Neighborhoods R-
4b(a); and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
ten (10) days prior to the hearing; and
WHEREAS, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth
Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to
consider said Project: said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
IL TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City's General Plan, based on the following:
1. Land Use and Transportation
The current General Plan land use designation for Neighborhood R -4b(a) is
Residential Medium and for Neighborhood R -4b(b) is Residential High. The
proposed project is consistent with these land use designation as all densities fall
within the prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhood R -4b(a) is
Medium Density Residential (M) and for Neighborhood R -4b(b) is High Density
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Residential (H). The proposed project is consistent with these land use designation as
all densities fall within the prescribed GDP ranges for each of these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Residential Multi Family I (RMI) for Neighborhood R -4b(a) and
Residential Multi Family 2 (RM2) for Neighborhood R- 4b(b). Both neighborhoods,
as shown on the TM, are consistent with these designations. In total, this TM depicts
386 residential units.
The subdivision design consists of 113 residential lots, four (4) open space lots, one
(1) public park, and two (2) HOA lots. 111 of the multi - family lots will be small lot
single family (each intended for a single detached product) that are categorized as
multi - family due to their density. The final 2 multi- family lots create the R -4b(b)
neighborhood which will allow up to 275 residential units.
The proposed project furthers the policy objective for "Urban Villages" to have
"higher densities and mixed uses in the village cores" and to "provide a wide range of
residential housing opportunities ... which promotes a blend of multi family and
single-family housing styles and densities, integrated and compatible with other land
uses in the area. " The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns. The proposed changes
would also provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will be
constructed or funded by the Applicant in accordance with the Supplemental PFFP
and Conditions of Approval. The on -site public streets are designed in accordance
with the City design standards and/or requirements and provides for vehicular and
pedestrian connections.
2. Economic Development
The proposed project results in an increase 1,562 residential units. There is a
reduction of 70 typical single family lots and provision of a wider range of housing
options and pricing for potential home - buyers in the current housing market. By
adding these units, increased patronage to the nearby commercial and public /quasi-
public uses can be anticipated to contribute to greater economic development within
Village 2 and the City.
The Project allows for further development of detached small lot single - family homes
and multi - family housing. The Project provides homebuyers the opportunity to
purchase both attached and detached homes with greater affordability, reduced
maintenance /utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent with General Plan
Objective ED 2.
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The proposed project also fosters economic development benefits at the community
level by providing for increased housing densities within the same development
footprint. These increased densities allow for infrastructure and municipal services to
be provided at reduced cost per capita (more people served by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of community
serving commercial and public /quasi public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and mid-
sized industries and businesses and community serving and neighborhood uses,
consistent with General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the additional demand
generated by 1,562 new units for public services and facilities, and the phasing needs
created by the Project.
A project -level water quality technical report was completed for the proposed project.
The water quality technical report outlines the means and methods for achieving the
water quality treatment and hydromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through grading and
improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban runoff
and storm water discharge. Best Management Practices (BMPs) for design, treatment
and monitoring for storm water quality would be implemented as delineated in the
Mitigated Negative Declaration with respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigation measures outlined in the Mitigated Negative
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
Project- specific analyses have been conducted relative to the project's potential sewer
and water impacts. The proposed project would increase average projected water
demands by 472,420 gallons per day (gpd). A Water Supply Assessment and
Verification Report analyzing these new demands was approved by the Otay Water
District's Board of Directors on November 6, 2013.
The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek. Basin. Two reaches of the Poggi Canyon Interceptor
have already been identified for future replacement; the proposed project would
require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the
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future. Upon approval of the proposed project, the Development Impact Fee for the
Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and
to include these additional units. The new units do not result in any deficiencies in the
Salt Creek Basin.
4. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact
Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical
Memo and Water Service Technical Memo have been prepared, reviewed and
approved by the City. A Supplemental Environmental Impact Report (SEIR- 12 -01)
has been prepared for the project in order to address the proposed addition of 1,562
units (inclusive of the subject 386 units associated with this Tentative Map) to the
Village 2 SPA Plan.
5. Growth Management
The proposed project would result in 1,562 additional dwelling units in Village 2. A
Supplemental PEEP has been prepared which analyzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with the
City's Quality of Life Threshold Standards.
A project- specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive
SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The
traffic study concludes that the proposed project would generate a total of 13,840
external daily trips by buildout of the project, including 1,068 AM peals hour trips
and 1,367 PM peak hour trips.
Direct traffic impacts would occur at two intersections along Heritage Road;
signalization would mitigate the intersection with Avenida De Las Vistas (in the City
of San Diego) and the intersection with Olympic Parkway will be mitigated through
payment of TDIF fees that will allow for the construction of Main Street and La
Media Road. Additionally, the project would result in cumulative impacts to seven
other intersections. Of these, all but one will be mitigated through signal and road
improvements that are covered by the TDIF program (towards which the project will
pay all appropriate fees). The final intersection, at I -805 SB ramps and Olympic
Parkway, has no feasible mitigation and remains significant and unmitigable.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated by payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two other
roadway segments would be cumulatively impacted by the proposed project. Olympic
Parkway between Heritage Road and Santa Venetia Street would be mitigated
through payment of TDIF fees toward construction of Main Street between Heritage
Road and La Media Road. The other roadway segment, Orange Avenue between
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Melrose Avenue and I -805 SB Ramps, has no feasible mitigation and remains
significant and unmitigable.
In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on 1 -805, from SR -94 to Telegraph Canyon
Road. For this, there is no feasible mitigation available, and the impact would remain
significant and unmitigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). Based on Student Generation Factors from CVESD, the proposed
1,562 -unit increase would result in roughly 539 additional elementary school
students. A single elementary school was planned within the Village 2 core to serve
the build -out population, but due to the increased student generation, the project
proposes a second school in the expanded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approximately 1,517
students. CVESD sizes elementary schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD will determine which elementary school students generated by the
project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union High School District ( SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by the
Village 2 SPA Amendment project.
The project site is within the boundaries of established Communities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD ( SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village 2
SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two new public parks
have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement .concurrently with the
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processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from the
original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to partially
satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and retains
regional and natural open space features. The development of the site is consistent
with the goals and policies of the Conservation Element.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allow for the optimum siting of lots
for natural and passive heating and cooling opportunities. The development of the site
will be subject to site plan and architectural review to ensure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development, because it is generally level and
is located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
IV. TENTATNE MAP GENERAL CONDITIONS OF APPROVAL
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Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Development
Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL /PLANNING AND BUILDING
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12 -02, 12-
03, 12 -04, and 12 -05 generally located south of the existing Olympic Parkway and west
of La Media Road.
2. The Project shall comply with approved General Plan Amendment GPA -12 -04 and
General Development Plan Amendment PCM- 12 -17, the Sectional Planning Area (SPA)
Plan PCM- 12 -18, approved 2014, and all supporting documents including but not
limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan,
Affordable Housing Plan and Non - Renewable Energy Conservation Plan, Air Quality
Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula
Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein.
3. Prior to the issuance of the 60`" residential building permit for Neighborhood R -20, the
Applicant shall commence construction on the CPF -2 site, to the satisfaction of the
Development Services Director.
4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1696.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12 -01) for Amendments to the Chula Vista
General Plan (GPA 12 -04) and Otay Ranch General Development Plan (PCM- 12 -17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM- 12 -18) Environmental Impact Report
(CV SEIR 12 -01) and associated Mitigation Monitoring and Reporting Program (MMRP)
for the Project, within the timeframe specified in the MMRP.
6. The CC &R's for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
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NOTICE OFAIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of this disclosure document shall be recorded with the City of Chula Vista as part
of project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase of
a home.
The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential /commercial or multi - family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the applicant's request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
9. Prior to the first final map, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(7).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets shown on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Project and as specified in Otay
Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5
"Phasing Summary" and Table C.6 "Project Frontage & Access ". The Applicant shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney.
11. Prior to approval of any final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the
City at least 60 days prior to consideration of the first map by the City if any of -site right -
of -way or any interest in real property needed to construct or install offsite improvements
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cannot be obtained as required by the Conditions of Approval. After said notification, the
developer shall comply with the requirements set forth in Standard Condition 40.
13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an
approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water
District. The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and extensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final `B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdivision will be provided adequate
water service and long -term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer -of-
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer -of -work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion, no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of $20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
18. Prior to issuance of any building permit for a residential unit located within the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village Two to Olympic Parkway and La Media Road.
19. Prior to the first final map for the project developer shall agree not to protest the
formation of a reimbursement district for the construction of non -TDIF eligible
improvements associated with the construction of Heritage Road.
20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to
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the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Affordable Housing:
23. Prior to approval of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. If an existing Affordable Housing Agreement is
already in place, Applicant shall adhere to the terms thereof.
Grading:
24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall
25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
irrigation installation.
26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water
meters in accordance with the approved landscape and irrigation plans to the satisfaction
of the Development Services Director.
27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the development services director and the city engineer.
(Land Development)
28. Prior to the issuance of any construction or grading permit which impacts off -site
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off -site grading. (Engineering)
29. Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
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30. Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services
Parks:
32. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 0.3 acre located within R -4B(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R- 4B(b).
33. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
34. Prior to City acceptance of parkland located in the City of San Diego's easement for the
Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to
Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition
until the easement is removed and the land is unencumbered.
Landscaping/Walls/Fences:
35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
36. Prior to approval of the grading plans for Ind -3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Preserve Open Space
37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the
project area within the Otay Ranch Preserve Community Facilities District No. 97 -2.
38. Prior to recordation of each final map the applicant shall convey fee title to land within
the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered conveyance property consistent with
the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve
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Community Facilities District No. 97 -2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
Other
39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facility.
40. Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi - family, or other non - residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste
and Litter, and Section 8.25 — Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a. The Applicant shall design mixed -use, multi- family, and commercial development
projects to comply with the Recycling and Solid Waste Standards for central
collection bin services.
b. The Applicant shall design each single - family lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste containers
(3 total), as approved for a small - quantity generator (single family residential use).
B. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
1. Approval of this request shall not waive compliance with all sections of the Chula Vista
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Tentative Subdivision Map where indicated below. The Property Owner's
and Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicant's successors and assigns.
3. 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.
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4. The. Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area
(SPA) Plan and supporting documents including: Village Two Public Facilities Finance
Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails
Plan; Village Two SPA Affordable Housing Plan and the Non - Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by
the City Council.
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. The applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
6. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Supplemental Environmental Impact Report (SEIR- 12 -01) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
7. The applicant shall comply with all applicable Village Two SPA conditions of approval,
(PCM 12 -18) as may be amended from time to time.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and /or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner /Applicant's desire that the project, and the corresponding application
for building permits and /or a business license, be held in abeyance without approval.
Signature of Property Owner Date
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Signature of Applicant
Date
VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved
hereunder, and any permits issued in reliance hereon shall be deemed to be automatically
revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdivision Map (CVT- 12 -03) subject to conditions listed above to subdivide one (1)
48.2 acre lot into 113 multi - family lots, one (1) public park, four (4) open space lots, and two (2)
FICA lots; the Tentative Map covers a total of 386 residential units.
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
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PROJECT BOUNDARY
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RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP WITHIN OTAY RANCH VILLAGE 2 — CHULA VISTA
TRACT 12 -04
I. RECITALS
1. Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods
R -15b and R- 31Chula Vista ( "Property "); and
2. Project; Applications for Discretionary Approval
WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map
(Chula Vista Tract (CVT) 12 -04) was filed with the City of Chula Vista Development Services
Department by Baldwin and Sons ( "Applicant') to subdivide a.81-acre site within Otay Ranch
Village 2, Neighborhoods R -15b and R -31 into six (6) single - family lots and twenty -five (25)
multi - family units on one lot; and
3. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project may have a significant effect on the environment as identified in previous FEIR 02 -02;
therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report,
SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163.; and
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA
Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 -
4. Planning Commission Record on Application
WHEREAS, on October 8, 2014, the Director of Development Services set a hearing
before the Planning Commission for the consideration of and recommendation on Tentative
Subdivision Map. Notice of said hearing, together with its purpose, was given by both
publication in a newspaper of general circulation in the City and mailing to property owners and
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Resolution No.
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residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to
the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 8, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map CVT 12 -04; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 12 -04 within Otay Ranch Village 2 Neighborhoods R -15b
and R -31; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
ten (10) days prior to the hearing; and
WHEREAS, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth
Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to
consider said Project: said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
IL TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City's General Plan, based on the following:
1. Land Use and Transportation
The current General Plan land use designation for Neighborhood R -15b is Residential
Low Medium and for Neighborhood R -31 is Mixed Use Residential. The proposed
project is consistent with these land use designation as all densities fall within the
prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhood R -15b is Low
Medium Village Density Residential (LMV) and for Neighborhood R -31 is High
Density Residential (H). The proposed project is consistent with these land use
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designation as all densities fall within the prescribed GDP ranges for each of these
categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 4 (SF4) for Neighborhood R -15b and Residential_ Multi
Family 2 (RM2) for Neighborhood R -31. All neighborhoods, as shown on the TM,
are consistent with these designations. In total, this TM depicts 31 residential units.
The subdivision design consists of 7 residential lots. Six (6) of the lots will be single
family and range from 5,270 sf to 6,083 sf in size. The multi - family lot is 1.1 acres in
size and will allow up to 25 residential units.
The proposed project furthers the policy objective for "Urban Villages" to have
"higher densities and mixed uses in the village cores" and to "provide a wide range of
residential housing opportunities ... which promotes a blend of multi family and
single-family housing styles and densities, integrated and compatible with other land
uses in the area. " The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns. The proposed changes
would also provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will be
constructed or funded by the Applicant in accordance with the Supplemental PFFP
and Conditions of Approval. The on -site public streets are designed in accordance
with the City design standards and /or requirements and provides for vehicular and
pedestrian connections.
2. Economic Development
The proposed project results in an increase 1,562 residential units. There is a
reduction of 70 typical single family lots and provision of a wider range of housing
options and pricing for potential home - buyers in the current housing market. By
adding these units, increased patronage to the nearby commercial and public /quasi-
public uses can be anticipated to contribute to greater economic development within
Village 2 and the City.
The Project allows for further development of detached small lot single - family homes
and multi - family housing. The Project provides homebuyers the opportunity to
purchase both attached and detached homes with greater affordability, reduced
maintenance /utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent with General Plan
Objective ED 2.
The proposed project also fosters economic development benefits at the community
level by providing for increased housing densities within the same development
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footprint. These increased densities allow for infrastructure and municipal services to
be provided at reduced cost per capita (more people served by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of community
serving commercial and public /quasi public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and mid-
sized industries and businesses and community serving and neighborhood uses,
consistent with General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. A Supplemental PUP has been prepared to analyze the additional demand
generated by 1,562 new units for public services and facilities, and the phasing needs
created by the Project.
A project -level water quality technical report was completed for the proposed project.
The water quality technical report outlines the means and methods for achieving the
water quality treatment and hydromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through grading and
improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban runoff
and storm water discharge. Best Management Practices (BMPs) for design, treatment
and monitoring for storm water quality would be implemented as delineated in the
Mitigated Negative Declaration with respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigation measures outlined in the Mitigated Negative
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
Project- specific analyses have been conducted relative to the project's potential sewer
and water impacts. The proposed project would increase average projected water
demands by 472,420 gallons per day. (gpd). A Water Supply Assessment and
Verification Report analyzing these new demands was approved by the Otay Water
District's Board of Directors on November 6, 2013.
The proposed project adds 1,562 units to the Poggi and Salt.Creek basins, which
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor
have already been identified for future replacement; the proposed project would
require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the
future. Upon approval of the proposed project, the Development Impact Fee for the
Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and
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to include these additional units. The new units do not result in any deficiencies in the
Salt Creek Basin.
4. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact
Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical
Memo and Water Service Technical Memo have been prepared, reviewed and
approved by the City. A Supplemental Environmental Impact Report (SEIR- 12 -01)
has been prepared for the project in order to address the proposed addition of 1,562
units (inclusive of the subject 31 units associated with this Tentative Map) to the
Village 2 SPA Plan.
5. Growth Management
The proposed project would result in 1,562 additional dwelling units in Village 2. A
Supplemental PFFP has been prepared which analyzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with the
City's Quality of Life Threshold Standards.
A project - specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive
SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The
traffic study concludes that the proposed project would generate a total of 13,840
external daily trips by buildout of the project, including 1,068 AM peak hour trips
and 1,367 PM peak hour trips.
Direct traffic impacts would occur at two intersections along Heritage Road;
signalization would mitigate the intersection with Avenida De Las Vistas (in the City
of San Diego) and the intersection with Olympic Parkway will be mitigated through
payment of TDIF fees that will allow for the construction of Main Street and La
Media Road. Additionally, the project would result in cumulative impacts to seven
other intersections. Of these, all but one will be mitigated through signal and road
improvements that are covered by the TDIF program (towards which the project will
pay all appropriate fees). The final intersection, at I -805 SB ramps and Olympic
Parkway, has no feasible mitigation and remains significant and unmitigable.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated by payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two other
roadway segments would be cumulatively impacted by the proposed project. Olympic
Parkway between Heritage Road and Santa Venetia Street would be mitigated
through payment of TDIF fees toward construction of Main Street between Heritage
Road and La Media Road. The other roadway segment, Orange Avenue, between
Melrose Avenue and I -805 SB Ramps, has no feasible mitigation and remains
significant and immitigable.
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Resolution No.
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In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on I -805, from SR -94 to Telegraph Canyon
Road. For this, there is no feasible mitigation available, and the impact would remain
significant and unmitigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). Based on Student Generation Factors from CVESD, the proposed
1,562 -unit increase would result in roughly 539 additional elementary school
students. A single elementary school was planned within the Village 2 core to serve
the build -out population, but due to the increased student generation, the project
proposes a second school in the expanded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approximately 1,517
students. CVESD sizes elementary schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD will determine which elementary school students generated by the
project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union High School District ( SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by the
Village 2 SPA Amendment project.
The project site is within the boundaries of established Communities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD ( SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village 2
SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two new public parks
have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from the
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original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to partially
satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and retains
regional and natural open space features. The development of the site is consistent
with the goals and policies of the Conservation Element.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allow for the optimum siting of lots
for natural and passive heating and cooling opportunities. The development of the site
will be subject to site plan and architectural review to ensure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development, because it is generally level and
is located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(4)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Development
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Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL /PLANNING AND BUILDING
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12 -02, 12-
03, 12 -04, and 12 -05 generally located south of the existing Olympic Parkway and west
of La Media Road.
2. The Project shall comply with approved General Plan Amendment GPA -12 -04 and
General Development Plan Amendment PCM- 12 -17, the Sectional Planning Area (SPA)
Plan PCM- 12 -18, approved , 2014, and all supporting documents including but not
limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan,
Affordable Housing Plan and Non - Renewable Energy Conservation Plan, Air Quality
Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula
Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein.
3. Prior to the issuance of the 60`" residential building permit for Neighborhood R -20, the
Applicant shall commence construction on the CPF -2 site, to the satisfaction of the
Development Services Director.
4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1696.
The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12 -01) for Amendments to the Chula Vista
General Plan (GPA 12 -04) and Otay Ranch General Development Plan (PCM- 12 -17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM- 12 -18) Supplemental Environmental
Impact Report (CV SEIR 12 -01) and associated Mitigation Monitoring and Reporting
Program (MMRP) for the Project, within the timeframe specified in the MMRP.
6. The CC &R's for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
Resolution No.
Page 9
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of this disclosure document shall be recorded with the City of Chula Vista as part
of project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase of
a home.
7. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential /commercial or multi- family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the 'threshold Compliance and Recommendations Section for each public
facility chapter. At the applicant's request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
9. Prior to the first final map, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(J).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets shown on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Project and as specified in Otay
Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5
"Phasing Summary" and Table C.6 "Project Frontage & Access ". The Applicant shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney.
11. Prior to approval of any final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the
City at least 60 days prior to consideration of the first map by the City if any of -site right -
of -way or any interest in real property needed to construct or install offsite improvements
cannot be obtained as required by the Conditions of Approval. After said notification, the
developer shall comply with the requirements set forth in Standard Condition 40.
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13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an
approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water
District: The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and extensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final `B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdivision will be provided adequate
water service and long -term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer -of-
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer -of -work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion; no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of $20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
18. Prior to issuance of any building permit for a residential unit located within the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village Two to Olympic Parkway and La Media Road.
19. Prior to the first final map for the project developer shall agree not to protest the
formation of a reimbursement district for the construction of non -TDIF eligible
improvements associated with the construction of Heritage Road.
20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
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22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Affordable Housing:
23. Prior to approval of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. If an existing Affordable Housing Agreement is
already in place, Applicant shall adhere to the terms thereof.
Grading:
24. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall
25. Applicant whose property is adjacent to graded slopes where landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
irrigation installation.
26. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water
meters in accordance with the approved landscape and irrigation plans to the satisfaction
of the Development Services Director.
27. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the development services director and the city engineer.
(Land Development)
28. Prior to the issuance of any construction or grading permit which impacts off-site
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off -site grading. (Engineering)
29. Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
30. Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
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31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services.
Parks:
32. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 0.3 acre located within R -413(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R- 413(b).
33. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
34. Prior to City acceptance of parkland located in the City of San Diego's easement for the
Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to
Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition
until the easement is removed and the land is unencumbered.
Landscaping/Wails/Fences:
35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
36. Prior to approval of the grading plans for Ind -3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Preserve Open Space
37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the
project area within the Otay Ranch Preserve Community Facilities District No. 97 -2.
38. Prior to recordation of each final map the applicant shall convey fee title to land within
the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered conveyance property consistent with
the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve.
Community Facilities District No. 97 -2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
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Resolution No.
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Other
39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facility.
40. Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi - family, or other non - residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste
and Litter, and Section 8.25 — Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a. The Applicant shall design mixed -use, multi - family, and commercial development
projects to comply with the Recycling and Solid Waste Standards for central
collection bin services.
b. The Applicant shall design each single - family lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste containers
(3 total), as approved for a small - quantity generator (single family residential use).
B. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
1. Approval of this request shall not waive compliance with all sections of the Chula Vista
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Tentative Subdivision Map where indicated below. The Property Owner's
and Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicants successors and assigns.
3. 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.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
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Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area
(SPA) Plan and supporting documents including: Village Two Public Facilities Finance
Plan and supplemental PEEP; Village Two Parks, Recreation, Open Space and Trails
Plan; Village Two SPA Affordable Housing Plan and the Non - Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by
the City Council,
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. The applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
6. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Supplemental Environmental Impact Report (SEIR- 12 -01) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
7. The applicant shall comply with all applicable Village Two SPA conditions of approval,
(PCM 12 -18) as may be amended from time to time.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and /or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner /Applicant's desire that the project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
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Signature of Property Owner
Signature of Applicant
Date
Date
VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved
hereunder, and any permits issued in reliance hereon shall be deemed to be automatically
revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdivision Map (CVT- 12 -04) subject to conditions listed above to subdivide two (2)
existing lots totaling approximately 1.8 acres into six (6) single family lots and one (1) multi-
family lot; the Tentative Map covers a total of 31 residential units.
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
4 -175
EXHIBIT "A"
CVT 12-04
ORMUH
\ 4 -176
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY
CHULA VISTA APPROVING
MAP WITHIN OTAY RANCH
VISTA TRACT 12 -05
I. RECITALS
1. Project Site
COUNCIL OF THE CITY OF
A TENTATIVE SUBDIVISION
VILLAGE 2 SOUTH— CHULA
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description, is located in the northern portion of Otay Ranch Village 2 South
Neighborhoods R -16b, R- 17b(a), R- 17b(b), R -19b, R -20, R -21b, R -23, R -24, R -25a and R -27,
Chula Vista ( "Property "); and
2. Project; Applications for Discretionary Approval
WHEREAS, on July 9, 2012, a duly verified application for a Tentative Subdivision Map
(Chula Vista Tract (CVT) 12 -05) was filed with the City of Chula Vista Development Services
Department by Baldwin and Sons ( "Applicant') to subdivide a 170 -acre site within Otay Ranch
Village 2 South, Neighborhoods R -16b, R- 17b(a), R- 17b(b); R -19b, R -20, R -21b, R -23, R -24, R-
25a and R -27 into 226 single family lots, 77 multi - family lots, one (1) HOA lot, four (4) open
space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots; and
3. Environmental Determination
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project may have a significant effect on the environment as identified in previous FEIR 02 -02;
therefore, the City of Chula Vista has prepared a Supplemental Environmental Impact Report,
SEIR- 12- 01 /SCH 2003091012 pursuant to CEQA 15163.; and
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program for the GPA, GDPA, SPA
Plan and associated Tentative Maps pursuant to CEQA, by Resolution No. 2014 -
4. Planning Commission Record on Application
WHEREAS, on October 8, 2014, the Director of Development Services set a hearing
before the Planning Commission for the consideration of and recommendation on Tentative
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Subdivision Map. Notice of said hearing, together with its purpose, was given by both
publication in a newspaper of general circulation in the City and mailing to property owners and
residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to
the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 8, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map CVT 12 -05; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 12 -05 within Otay Ranch Village 2 South Neighborhoods
R -16b, R- 17b(a), R- 17b(b), R -19b, R -20, R -21b, R -23, R -24, R -25a and R -27; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
ten (10) days prior to the hearing; and
WHEREAS, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth
Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to
consider said Project: said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City's General Plan, based on the following:
1. Land Use and Transportation
The current General Plan land use designation for Neighborhoods R -20, R -21b, and
R -23 is Residential Low Medium; for Neighborhoods R- 17b(a), R- 17b(b), and R -19b
is Residential Medium High; for Neighborhoods R -24 and R -25A is Residential
High; and for Neighborhoods R -16b and R -27 is Mixed Use Residential. The
proposed project is consistent with these land use designation as all densities fall
within the prescribed GP ranges for each of these categories.
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The current Otay Ranch GDP land use designation for Neighborhoods R -20, R -21b,
and R -23 is Low Medium Village Density Residential (LMV); for Neighborhoods R-
17b(a) and R -19b is Medium Density Residential (M); for Neighborhoods R -16b, R-
17b(b), R -24, R -25a and R -27 is High Density Residential (H). The proposed project
is consistent with these land use designation as all densities fall within the prescribed
GDP ranges for each of these categories.
The existing implementing zone in the Village 2 Planned Community District
Regulations is Single Family 3 (SF3) for Neighborhoods R -20 and R -21b; Single
Family 4 (SF4) for Neighborhood R -23; Residential Multi Family 1 (RMl) for
Neighborhoods R- 17b(a) and R -19b; and Residential Multi Family 2 (RM2) for
Neighborhoods R -16b, R- 17b(b), R -24, R25a and R -27. All neighborhoods, as shown
on the TM, are consistent with these designations. In total, this TM depicts 975
residential units.
The subdivision design consists of 303 residential lots, one (1) HOA lot, four (4) open
space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lot. 226 of
the lots will be single family and range from 5,060 sf to 14,064 sf in size. 73 of the lots
are small lot single family (each intended for a single detached product) that are
categorized as multi - family due to their density. The remaining four (4) multi - family
lots are 4.7 acres (R- 17B(b)), 2.5 acres (R -24), 14.1 acres (R -25a) and 8.7 acres (R-
27). These lots are planned to allow a maximum of 95 units, 59 units, 330 units and
175 units, respectively.
The proposed project furthers the policy objective for "Urban Villages" to have
"higher densities and mixed uses in the village cores" and to `provide a wide range of
residential housing opportunities ... which promotes a blend of multifamily and
single-family housing styles and densities, integrated and compatible with other land
uses in the area. " The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns. The proposed changes
would also provide more land use diversity, increase pedestrian orientation and make
commercial uses in Village 2 more viable.
All off -site public streets required to serve the subdivision already exist or will be
constructed or funded by the Applicant in accordance with the Supplemental PFFP
and Conditions of Approval. The on -site public streets are designed in accordance
with the City design standards and/or requirements and provides for vehicular and
pedestrian connections.
2. Economic Development
The proposed project results in an increase 1,562 residential units. There is a
reduction of 70 typical single family lots and provision of a wider range of housing
options and pricing for potential home - buyers in the current housing market. By
adding these units, increased patronage to the nearby commercial and public /quasi-
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public uses can be anticipated to contribute to greater economic development within
Village 2 and the City.
The Project allows for further development of detached small lot single- family homes
and multi - family housing. The Project provides homebuyers the opportunity to
purchase both attached and detached homes with greater affordability, reduced
maintenance /utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent with General Plan
Objective ED 2.
The proposed project also fosters economic development benefits at the community
level by providing for increased housing densities within the same development
footprint. These increased densities allow for infrastructure and municipal services to
be provided at reduced cost per capita (more people served by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of community
serving commercial and public /quasi public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and mid-
sized industries and businesses and community serving and neighborhood uses,
consistent with General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the additional demand
generated by 1,562 new units for public services and facilities, and the phasing needs
created by the Project.
A project -level water quality technical report was completed for the proposed project.
The water quality technical report outlines the means and methods for achieving the
water quality treatment and hydromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through grading and
improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban runoff
and storm water discharge. Best Management Practices (BMPs) for design, treatment
and monitoring for storm water quality would be implemented as delineated in the
Mitigated Negative Declaration with respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigation measures outlined in the Mitigated Negative
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
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Resolution No.
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Project - specific analyses have been conducted relative to the project's potential sewer
and water impacts. The proposed project would increase average projected water
demands by 472,420 gallons per. day (gpd). A Water Supply Assessment and
Verification Report analyzing these new demands was approved by the Otay Water
District's Board of Directors on November 6, 2013.
The proposed project adds 1,562 units to the Poggi and Salt Creek basins, which
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor
have already been identified for future replacement; the proposed project would
require one additional reaches of the Poggi Canyon Interceptor to be upgraded in the
future. Upon approval of the proposed project, the Development Impact Fee for the
Poggi Basin would be updated to reflect the inclusion upsizing of P345 to P363 and
to include these additional units. The new units do not result in any deficiencies in the
Salt Creek Basin.
4. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact
Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical
Memo and Water Service Technical Memo have been prepared, reviewed and
approved by the City. A Supplemental Environmental Impact Report (SEIR- 12 -01)
has been prepared for the project in order to address the proposed addition of 1,562
units (inclusive of the subject 975 units associated with this Tentative Map) to the
Village 2 SPA Plan.
5. Growth Management
The proposed project would result in 1,562 additional dwelling units in Village 2. A
Supplemental PUP has been prepared which analyzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with the
City's Quality of Life Threshold Standards.
A project - specific traffic study, the Traffic Impact Analysis Village 2 Comprehensive
SPA Amendment, analyzes the impact of 1,562 additional units in Village 2. The
traffic study concludes that the proposed project would generate a total of 13,840
external daily trips by buildout of the project, including 1,068 AM peak hour trips
and 1,367 PM peak hour trips.
Direct traffic impacts would occur at two intersections along Heritage Road;
signalization would mitigate the intersection with Avenida De Las Vistas (in the City
of San Diego) and the intersection with Olympic Parkway will be mitigated through
payment of TDIF fees that will allow for the construction of Main Street and La
Media Road. Additionally, the project would result in cumulative impacts to seven
other intersections. Of these, all but one will be mitigated through signal and road
improvements that are covered by the TDIF program (towards which the project will
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Resolution No.
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pay all appropriate fees). The final intersection, at I -805 SB ramps and Olympic
Parkway, has no feasible mitigation and remains significant and immitigable.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated by payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two other
roadway segments would be cumulatively impacted by the proposed project. Olympic
Parkway between Heritage Road and Santa Venetia Street would be mitigated
through payment of TDIF fees toward construction of Main Street between Heritage
Road and La Media Road. The other roadway segment, Orange Avenue between
Melrose Avenue and I -805 SB Ramps, has no feasible mitigation and remains
significant and immitigable.
In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on I -805, from SR -94 to Telegraph Canyon
Road. For this, there is no feasible mitigation available, and the impact would remain
significant and unrnifigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). Based on Student Generation Factors from CVESD, the proposed
1,562 -unit increase would result in roughly 539 additional elementary school
students. A single elementary school was planned within the Village 2 core to serve
the build -out population, but due to the increased student generation, the project
proposes a second school in the expanded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approximately 1,517
students. CVESD sizes elementary schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD will determine which elementary school students generated by the
project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union High School District (SUHSD). It is anticipated that
approximately 123 middle school and 344 high school students are generated by the
Village 2 SPA Amendment project.
The project site is within the boundaries of established Communities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As
such, the Applicant will mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Omen Space and Conservation
The proposed project meets the minimum open space requirement per the Village 2
SPA Plan and Planned Community District Regulations. The project generates a
demand for an additional 12.16 acres of park land. This obligation will be met
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Resolution No.
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through the Applicant's dedication of parkland. To achieve this, two new public parks
have been created and two within the existing plan have been expanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on -site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
village exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conveyance of
1.188 acres of preserve land for every acre of non - common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development, the total dedication required does not change much from the
original project. The Applicant has existing "credits" which were previously
dedicated to the Otay Ranch Preserve Owner /Manager which will be used to partially
satisfy this obligation.
The proposed landform grading conforms to the City's grading Ordinance and retains
regional and natural open space features. The development of the site is consistent
with the goals and policies of the Conservation Element.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allow for the optimum siting of lots
for natural and passive heating and cooling opportunities. The development of the site
will be subject to site plan and architectural review to ensure the.maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development, because it is generally level and
is located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
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Resolution No.
Page 8
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Development
Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL /PLANNING AND BUILDING
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project.as described in the Tentative Subdivision Map, Chula Vista Tract No. 12 -02, 12-
03, 12 -04, and 12 -05 generally located south of the existing Olympic Parkway and west
of La Media Road.
2. The Project shall comply with approved General Plan Amendment GPA -12 -04 and
General Development Plan Amendment PCM- 12 -17, the Sectional Planning Area (SPA)
Plan PCM- 12 -18, approved , 2014, and all supporting documents including but not
limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan,
Affordable Housing Plan and Non - Renewable Energy Conservation Plan, Air Quality
Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of Chula
Vista Standard Tentative Map Conditions, as attached hereto and incorporated herein.
3. Prior to the issuance of the 60`b residential building permit for Neighborhood R -20, the
Applicant shall commence construction on the CPF -2 site, to the satisfaction of the
Development Services Director.
4. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1696.
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The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12 -01) for Amendments to the Chula Vista
General Plan (GPA 12 -04) and Otay Ranch General Development Plan (PCM- 12 -17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM- 12 -18) Supplemental Environmental
Impact Report (CV SEIR 12 -01) and associated Mitigation Monitoring and Reporting
Program (MMRP) for the Project, within the timeframe specified in the MMRP.
6, The CC &R's for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of this disclosure document shall be recorded with the City of Chula Vista as part
of project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase of
a home.
7. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential /commercial or multi - family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the applicant's request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
9. Prior to the first final map, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(J).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets shown on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Project and as specified in Otay
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Resolution No.
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Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5
"Phasing Summary" and Table C.6 "Project Frontage & Access ". The Applicant shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney.
11. Prior to approval of any final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the
City at least 60 days prior to consideration of the first map by the City if any of -site right -
of -way or any interest in real property needed to construct or install offsite improvements
cannot be obtained as required by the Conditions of Approval. After said notification, the
developer shall comply with the requirements set forth in Standard Condition 40.
13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an
approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water
District. The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and extensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final `B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdivision will be provided adequate
water service and long -term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer -of-
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer -of -work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion, no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of $20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
::
Resolution No.
Page 11
18. Prior to issuance of any building permit for a residential unit located within the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village Two to Olympic Parkway and La Media Road.
19. Prior to the issuance of the Applicant's 155th building permit for a unit sewering south to
the Salt Creek sewer basin, Applicant shall construct a minimum of two lanes of Heritage
Road from Olympic Parkway to Main Street to the satisfaction of the Director of
Development Services.
20. Prior to the first final map for the project developer shall agree not to protest the
formation of a reimbursement district for the construction of non -TDIF eligible
improvements associated with the construction of Heritage Road.
21. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
22. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creek Sewer DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
23. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Affordable Housing:
24. Prior to approval of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. If an existing Affordable Housing Agreement is
already in place, Applicant shall adhere to the terms thereof.
Grading:
25. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall
26. Applicant whose property is adjacent to graded slopes where landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
irrigation installation.
27. Prior to City acceptance of any landscaped areas, Applicant shall install permanent water
meters in accordance with the approved landscape and irrigation plans to the satisfaction
of the Development Services Director.
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Resolution No.
Page 12
28. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the development services director and the city engineer.
(Land Development)
29. Prior to the issuance of any construction or grading permit which impacts off -site
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off -site grading. (Engineering)
30. Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
31. Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
32. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services.
33. Prior to the first final map, developer shall agree to physically grade all industrial
property within Village Two South to the satisfaction of the Director of Development
Services, prior to the final map proposing the 3,000`h unit in Village 2
Parks:
34. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 0.3 acre located within R -413(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R- 4B(b).
35. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
36. Prior to City acceptance of'parkland located in the City of San Diego's easement for the
Otay II Pipeline, Applicant shall relocate the - waterline from within Village Two to
Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition
until the easement is removed and the land is unencumbered.
Landscaping/Walls/Fences:
Resolution No.
Page 13
37. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
38. Prior to approval of the grading plans for Ind -3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Preserve Open Space
39. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the
project area within the Otay Ranch Preserve Community Facilities District No. 97 -2.
40. Prior to recordation of each final map the applicant shall convey fee title to land within
the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered conveyance property consistent with
the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve
Community Facilities District No. 97 -2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
Other
41. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with SANDAL, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facility.
42. Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi - family, or other non - residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste
and Litter, and Section 8.25 — Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a. The Applicant shall design mixed -use, multi- family, and commercial development
projects to comply with the Recycling and Solid Waste Standards for central
collection bin services.
b. The Applicant shall design each single - family lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste containers
(3 total), as approved for a small - quantity generator (single family residential use).
B. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
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Resolution No.
Page 14
1. Approval of this request shall not waive compliance with all sections of the Chula Vista
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Tentative Subdivision Map where indicated below. The Property Owner's
and Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicant's successors and assigns.
3. 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.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area
(SPA) Plan and supporting documents including: Village Two Public Facilities Finance
Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails
Plan; Village Two SPA Affordable Housing Plan and the Non - Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by
the City Council.
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 rime, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their violation. The applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
4 -190
Resolution No.
Page 15
6. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Supplemental Environmental Impact Report (SEIR- 12 -01) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
The applicant shall comply with all applicable Village Two SPA conditions of approval,
(PCM 12 -18) as may be amended from time to time.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and /or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner /Applicant's desire that the project, and the corresponding application
for building permits and /or a business license, be held in abeyance without approval.
Signature of Property Owner Date
Signature of Applicant Date
VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved
hereunder, and any permits issued in reliance hereon shall be deemed to be automatically
revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdivision Map (CVT- 12 -05) subject to conditions listed above to subdivide two (2)
existing lots totaling approximately 170 acres into 226 single family lots, 77 multi - family lots,
one (1) HOA lot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three
(3) CPF lots; the Tentative Map covers a total of 975 residential units.
4 -191
Resolution No.
Page 16
Presented by:
Kelly Broughton, FSALA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
4 -192
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND
SONS, LLC AND SUNRANCH CAPITAL PARTNERS FOR
PORTIONS OF OTAY RANCH VILLAGE TWO
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement attached hereto as Exhibit "A" attached hereto and commonly known as
portions of Otay Ranch Village Two ( "Property "); and
WHEREAS, the Project relied in part on the original Otay Ranch General Development Plan
Program Environmental Impact Report 90 -01, the Otay Ranch Villages Two, Three and a Portion of
Four SPA Plan Final Second -Tier Environmental Impact Report ( "EIR 02 -02 ") (SCH #2003091012),
and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental
Impact Report ( "EIR 12 -01 ")(SCH No. 200.30.91.012) the candidate CEQA Findings and Mitigation
Monitoring and Reporting Program; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement 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 Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
October 8, 2014, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted
0 -0 -0 -0 to approve Planning Commission Resolution PCM -12 -17 recommending to the City Council
approval of the Development Agreement between the City of Chula Vista, Baldwin & Sons, LLC
and Sunranch Capital Partners, LLC for portions of Otay Ranch Village Two (the "Development
Agreement "); and
WHEREAS, on November 4, 2014, a duly noticed public hearing was scheduled before the
City Council of the City of Chula Vista to consider adopting the ordinance to approve the
Development Agreement between the City of Chula Vista, Baldwin & Sons, LLC and Sunranch
Capital Partners, LLC for portions of Otay Ranch Village Two (the "Development Agreement "); and
WHEREAS, THE City staff has reviewed the Development Agreement and determined it to
be consistent with the Otay Ranch General Development Plan and the City's General Plan.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
ATTACHMENT 8
4 -194
Ordinance No.
Page 2
hearing held on October 8, 2014 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the ordinance approving the Development
Agreement for the Project, as described and analyzed in the Final SEIR 12 -01, would have no
new effects that were not examined in said Final SEIR (Guideline 15168 (c)(2)).
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN (GDP)
The City Council finds that the proposed Development Agreement is consistent with the
City's General Plan and Otay Ranch General Development Plan. The Development
Agreement implements the General Plan and GDP by providing a comprehensive program to
implement the SPA Plan and Tentative Map. Those plans provide design incorporating a
mixture of land uses connected by a walkable system of public streets and pedestrian paths,
neighborhood parks and plazas, retail opportunities, and commercial activities designed to
promote a safe pedestrian environment. The Village Two site utilization plan, including the
density, number of residential units, industrial acreage, and mixed use area, is consistent with
the General Plan and GDP, as amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
between the City of Chula Vista, Baldwin and Sons, LLC and SunRanch Capital Partners,
LLC for portions of Otay Ranch Village Two (a copy of which is on file in the City Clerk's
office), finding it consistent with the California Government Code, adopted Citypolicies, the
General Plan, and the Otay Ranch General Development Plan.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Gary Halbert, AICP, PE
City Manager
Approved as to form by
Glen R. Googins
City Attorney
4 -195
RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: Citv Clerk
Fee Exempt — Gov't Code §6103
(Space above for Recorder's Use)
DEVELOPMENT AGREEMENT
among
THE CITY OF CHULA VISTA,
a California charter city and municipal corporation
and
the entities comprising the "OWNER" as defined in Section _ below
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THIS DEVELOPMENT AGREEMENT ( "Agreement") is entered into as of the Effective
Date (as defined below) by and among THE CITY OF CHULA VISTA, a California charter city
and municipal corporation ( "City "), and the entities comprising the "OWNER" as defined in
Section _ below. The City or the Owner are sometimes individually referred to in this
Agreement as a "Party" and are collectively referred to as the "Parties ". The Parties enter into
this Agreement with reference to the following recited facts (each a "Recital "):
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning and to reduce the economic risk of development, the State of California
has enacted the Development Agreement Statute, found at Sections 65864 et seq., of the
California Government Code.
B. The City is authorized by the Development Agreement Statute and by its City
Charter to enter into development agreements with persons and entities having legal or equitable
interests in real property for the purpose of establishing predictability for both the City and the
property owner in the development process and in the provision of public infrastructure and
public benefits.
C. Owner has a legal or equitable interest in that certain real property consisting of
approximately 362.7 acres of land located in the City of Chula Vista, County of San Diego, State
of California, more particularly described and depicted in Exhibit "A" to this Agreement (the
"Property").
D. The Property is located in the Otay Ranch Village of Montecito Sectional
Planning Area Plan ( "SPA Plan "). It is currently partially developed having previously been
entitled by the City for the development contemplated by the SPA Plan.
E. Owner desires to amend the land use designations for areas of the SPA Plan to
allow for additional residential units, parkland, school site and CPF facilities to enhance the
Property as a unified, walkable and mixed -use development which offers potential residents
additional housing options (the "Project "). A general description and depiction of key elements
of the Project is contained in Exhibit `B" to this Agreement.
F. Owner has requested that the City enter into a development agreement for the
development of the Project on the Property, and the City desires to enter into this Agreement
pursuant to the provisions of the California Government Code, the City Charter, the General
Plan, the City Municipal Code, and applicable City policies.
60093.00025 \9324655.2
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G. This Agreement assures that development of the Project will occur in accordance
with the General Plan, the Otay Ranch General Development Plan ( "Otay Ranch GDP "), the
SPA Plan, as amended by the Project Approvals, and all of the implementing regulations for
those various Plans.
H. This Agreement constitutes a current exercise of the City's police powers to
provide predictability to the Owner in the development approval process by vesting the permitted
uses, density, intensity of use, and timing and phasing of the Project in exchange for the Owner's
commitment to provide significant public benefits to City.
I. This Agreement is also intended to ensure that the Owner has provided funding
sufficient to provide the adequate and appropriate infrastructure and public facilities required by
the development of the Project, and that this infrastructure and public facilities will be available
no later than when required to serve the Project's demand.
J. The commitments of the Owner made in this Agreement allow the City to realize
significant economic, recreational, park, open space, educational, social, public facilities or other
public benefits. These public benefits will advance the interests and meet the needs of Chula
Vista's residents and visitors to a significantly greater extent than would development of the
Project under the current entitlements and absent this Agreement.
K. In return for the Owner's commitment to provide these public benefits, the City is
willing to exercise its authority to enter into this Agreement and to make a commitment of
predictability for the development process for the Project.
AGREEMENT
For good and valuable consideration, the City and Owner agree as follows:
1. DEFINITIONS. In this Agreement, unless the context otherwise requires, the following
terms and phrases shall have the following meanings:
1.1 "Agreement" means this Development Agreement between the City and the
Owner. The term "Agreement" shall include any amendment to the Agreement
properly approved and executed pursuant to the terms of this Agreement.
1.2 "Approval Date" means the date on which the City Council conducted the first
reading of the Enabling Ordinance as part of the Project Approvals.
1.3 "City" means the City of Chula Vista, a California charter city and municipal
corporation.
1.4 "City Charter" means the City of Chula Vista's City Charter.
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1.5 "City Council" means the governing body of the City.
1.6 "City Manager" means the City Manager of the City or his or her designee.
1.7 "City Municipal Code" means the Chula Vista Municipal Code.
1.8 "Day" means a calendar day unless specifically stated as a "business day."
1.9 "Effective Date" means the date on which the Enabling Ordinance becomes
effective and the Parties have each signed this Agreement.
1.10 "Enabling Ordinance" means City Ordinance No. by which this
Agreement was approved.
1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect on the
Approval Date, including the General Plan, Otay Ranch GDP and SPA
Amendments and other Project Approvals, but excluding any amendment or
modification to the Land Use Regulations adopted, approved, or imposed after the
Approval Date that impairs or restricts Owner's rights set forth in this Agreement,
unless such amendment or modification is expressly authorized by this Agreement
or is agreed to by Owner in writing. Owner has consented to the General Plan,
Otay Ranch GDP and SPA Amendments and other Project Approvals in effect on
the Approval Date, which shall all be considered part of the Existing Land Use
Regulations.
1.12 "General Plan" means the General Plan of the City of Chula Vista.
1.13 "General Plan Amendment" means the amendments to the General Plan that are
enacted as part of the Project Approvals.
1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of the City governing the development and use of
land, including, without limitation, the permitted use of land, the density or
intensity of use, subdivision requirements, timing and phasing of development,
the maximum height and size of buildings, the provisions for reservation or
dedication of land for public purposes, the City's public improvement engineering
ordinances, policies, rules, regulations and standards, and the design,
improvement, construction, and initial occupancy standards and specifications
applicable to the Project. "Land Use Regulations" do not include any City
ordinance, resolution, code, rule, regulation or official policy governing:
60093.00025 \9324655.2
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1.14.1 The conduct or taxation of businesses, professions, and occupations
applicable to all businesses, professions, and occupations in the City;
1.142 Taxes and assessments of general application upon all residents of the
City.
1.14.3 The control and abatement of nuisances.
1.15 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
trust or any other security- device, a lender, and their successors and assigns.
1.16 "Owner" means, jointly and severally, [LIST ALL OWNERS], and Owner's
successors and assigns as set forth in the Agreement. Each individual Owner is
jointly and severally responsible for all obligations of the Owner set forth in this
Agreement.
1.17 "Owner's Vested Right" shall have the meaning set forth in Section
1.18 "Otay Ranch GDP" means the Otay Ranch General Development Plan.
1.19 "Otay Ranch GDP Amendments" means the amendments to the Otay Ranch GDP
that are enacted as part of the Project Approvals.
1.20 "Parties" means the City on the one hand, and Owner on the other hand. A
"Party" means either the City or the Owner.
1.21 "Project" means the development of the Property, including all related on -site and
off -site improvements, as set forth in the Project Approvals and Subsequent
Project Approvals.
1.22 "Project Approvals" means all permits and other entitlements approved or issued
by the City for the use of, construction upon, and /or development of the Project
on the Property. A listing of the Project Approvals is contained in Exhibit "C" to
this Agreement.
1.23 "Property" means the real property described and depicted in Exhibit "A ".
1.24 "Reservation of Authority" or "Reserved Authority" means the rights and
authority specifically reserved to the City which limits the assurances and rights
provided to the Owner and the Owner's Vested Right under this Agreement.
1.25 "Section" means a numbered section of this Agreement, unless specifically stated
to refer to another document or matter.
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1.26 "SPA Plan" means the Otay Ranch Village of Montecito Sectional Planning Area
Plan.
1.27 "SPA Plan Amendments" means the amendments to the SPA Plan that are
enacted as part of the Project Approvals.
1.28 "Subsequent Project Approvals" means all Project Approvals approved, granted,
or issued after the Approval Date which are required or permitted by the Project
Approvals, Existing Land Use Regulations, any applicable Subsequent Land Use
Regulations and this Agreement. A listing of the anticipated Subsequent Project
Approvals is contained in Exhibit "D" to this Agreement.
1.29 "Subsequent Land Use Regulations" means those Land Use Regulations which
are both adopted and effective after the Approval Date and which are not included
within the definition of Existing Land Use Regulations. "Subsequent Land Use
Regulations" include any Land Use Regulations adopted by moratorium,
initiative, City action, or otherwise.
1.30 "Term" means the term of this Agreement as set forth in Section of this
Agreement.
INTEREST OF OWNER. Owner represents that it has a legal or equitable interest in the
Property and is authorized to enter into this Agreement.
PUBLIC HEARINGS. On , after providing notice as required by law,
City Council held a public hearing on this Agreement and made any legally required
findings as set forth in the Enabling Ordinance.
4. DEVELOPMENT OF THE PROJECT.
4.1 Owner's Vested Right. Owner shall have the vested right to complete the Project
during the Term in accordance with the Project Approvals, the Subsequent Project
Approvals, the Existing Land Use Regulations, the City's Reservation of
Authority and this Agreement ( "Owner's Vested Right "). Owner's Vested Right
shall include the off -site CPF rights described in Section 4.10 below.
4.2 Governing Land Use Regulations. Except as otherwise provided in this
Agreement, the Land Use Regulations applicable to the development of the
Project shall be those contained in the Project Approvals, the Subsequent Project
Approvals and the Existing Land Use Regulations. Subsequent Land Use
Regulations shall not apply to the development of the Project unless expressly
authorized by this Agreement or agreed to by Owner in writing.
7
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4.3 Permitted Uses. Except as otherwise provided within this Agreement, the
permitted uses on the Property shall be as provided in the Project Approvals, the
Subsequent Project Approvals and the Existing Land Use Regulations.
4.4 Densitv and Intensity; Requirement for Reservation and Dedication of Land
Except as otherwise provided in this Agreement, the density and intensity of use
for the development of the Project, and the requirements for reservation and
dedication of land, shall be as provided in the Project Approvals, the Subsequent
Project Approvals and the Existing Land Use Regulations.
4.5 Reservation of Authority. The following Land Use Regulations, Subsequent Land
Use Regulations or other requirements shall apply to the Property and the Project:
4.5.1 Processing fees and charges imposed by the City to cover the City's
estimated or actual costs of reviewing and processing applications for
the Project, providing inspections, conducting annual reviews,
providing environmental analysis, or for monitoring compliance with
this Agreement or any Project or Subsequent Project Approvals granted
or issued, provided such fees and charges are in force and effect on a
general basis on the date of filing such applications with the City. This
Section shall not be construed to limit the authority of City to charge its
then - current, normal and customary application, processing, and permit
fees for Project or Subsequent Project Approvals, building permits and
other similar permits, which fees are designed to reimburse City's
expenses attributable to such application, processing, and permitting
and are in force and effect on a City -wide basis on the date of filing
such applications with City, notwithstanding the fact that such fees may
have been increased by City subsequent to the Approval Date;
4.5.2 Development impact fees, monetary exactions or other mitigation
requirements imposed by the City as a condition precedent to the
issuance of any permit or approval to cover the impacts associated with
the development of the Project ( "Development Impact Fee "), as
required by the Project Approvals or Subsequent Project Approvals,
provided such fees or other mitigation requirements are in force and
effect on a general basis on the date of filing for such permit or
approval with the City. Owner shall have the option to pay the
following Development Impact Fees, as applicable to the Project, and
the Property, at the then - current amount, prior to final inspection of a
building permit: Sewer Capacity Fee; Public Facility Development
Impact Fee; Eastern Transportation Development Impact Fee; Western
Transportation Development Impact Fee; Telegraph Canyon Drainage
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Fee; Poggi: Canyon Sewer Development Impact Fee; Salt Creek Sewer
Development Impact Fee; Otay Ranch Village 1 and 5 Pedestrian
Bridge Development Impact Fee; Otay Ranch Village 11 Pedestrian
Bridge Development Impact Fee; Park Acquisition and Development
Fee. This Section shall not be construed to limit the authority of the
City to charge its then- current, normal and customary impact fees or
other mitigation requirements in place at the time of the application for
the permit or approval, notwithstanding the fact that such fees may
have been increased by the City subsequent to the Approval Date;
4.5.3 Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports,
recommendations, appeals, and any other matter of procedure;
4.5.4 The following, provided that they are uniformly applied to all
development projects within the City:
4.5.4.1 Uniform codes governing engineering and construction
standards and specifications adopted by the City pursuant to
state law. Such codes include, without limitation, the City's
adopted version of the Uniform Administrative Code, California
Building Code, California Plumbing Code, California
Mechanical Code, California Electrical Code, and California
Fire Code;
4.5.4.2 Local amendments to those uniform codes which are adopted by
the City pursuant to state law, provided they pertain exclusively
to the preservation of life and safety;
4.5.4.3 The City's standards and procedures regarding the granting of
encroachment permits and the conveyance of rights and
interests which provides for the use of or the entry upon public
property; and
4.5.4.4 The City's public improvement engineering ordinances,
policies, rules, regulations and standards.
4.5.5 Regulations which may be in conflict with this Agreement, but which
are objectively required to protect the public health and safety;
4.5.6 State or federal laws or regulations which preempt local regulations or
mandate local regulations or conditions that conflict with the
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development of the Project. This expressly includes mandates imposed
through the Clean Water Act or the Porter - Cologne Water Quality
Control Act;
4.5.7 Prior to exercising the Reservation of Authority provided in Sections
and , the City shall provide Owner with written notice of the
state or federal law or regulation or the regulation required to protect
the public health and safety that conflicts with this Agreement. Within
ten (10) days of the City's written notice, City and Owner shall meet
and confer in good faith in a reasonable attempt to apply the state or
federal law or regulation or the regulation required to protect the public
health and safety in a manner that is most consistent with this
Agreement, that preserves the terms of this Agreement and that protects
the rights of Owner as derived from this Agreement as is reasonable
while still following the applicable law or regulation;
4.5.8 Owner shall be issued building permits for the Project after permit
applications are reviewed and approved by City in the City's customary
fashion for such review and approval; and
4.5.9 The exercise of the power of eminent domain.
4.6 Vested Rights Upon Termination. Owner acknowledges that following
termination of this Agreement, except as to any Project Approval or Subsequent
Project Approval that has vested under state law without reliance on this
Agreement, City may amend the General Plan, Otay Ranch GDP, SPA Plan or
Land Use Regulations as they relate to the Project and the Property.
4.7 Compliance with CEOA. The City Council has found that the environmental
impacts of the Project have been addressed in the Otay Ranch General
Development Plan Program Environmental Impact Report 90 -01, the Otay Ranch
Villages Two, Three and a Portion of Four SPA Plan Final Second -Tier
Environmental Impact Report ( "BIR 02 -02 ") (SCH #2003091012), and the Village
Two Comprehensive SPA Plan Amendment Final Supplemental Environmental
Impact Report ( "EIR 12 -01 ") (SCH No. 200.30.91.012). Where the California
Environmental Quality Act requires that an additional environmental analysis be
performed in connection with a Subsequent Project Approval or other future
discretionary approval granted by the City for the Project, the Owner shall pay all
of the City's reasonable costs to perform that additional analysis.
4.8 Timing of Development. Because the California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of
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the parties in that case to provide for the timing of development resulted in a later-
adopted initiative restricting the timing of development to prevail over the parties'
agreement, it is the specific intent of the Parties to provide for the timing of the
Project in this Agreement. To do so, the Parties acknowledge and provide that,
subject to express terms of this Agreement including, without limitation, Sections
_ and _, Owner shall have the right, but not the obligation, to complete the
Project in such order, at such rate, at such times, and in as many development
phases and sub - phases as Owner deems appropriate in its sole subjective business
judgment.
4.9 Community Purpose Facilities.
4.9.1 Owner shall have the right to satisfy up to 9.0 acres of the community
purpose facilities (CPF) requirements (Chula Vista Municipal Code
Section 19.48.025) for the Project within the industrial area in Village 2
South (i.e., either IND -2 or IND -3 as depicted on Chula Vista Tentative
Map 12 -05) through provision of a facility meeting the definition of
permitted CPF uses. The City agrees that a non - profit (or for - profit, if
approved by the City Manager) vocational or adult education school
will qualify as a permitted CPF use.
4.9.2 Owner, with written approval from the City Manager, shall have the
option, at its sole expense, to construct a swim facility in one of the
future planned Neighborhood Parks (P -2; P -5 or P -6) as more
particularly described on Exhibit `B" attached to this Agreement,
funding that portion of the cost above what the normal PAD fees would
otherwise cover. If Owner elects to construct the swim facility:
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4.9.2.1 The swim facility will be a public facility owned and operated
by the City;
4.9.2.2 To exercise its option to construct a swim facility, Owner shall
submit to the City Manager a preliminary facility plan and a
preliminary budget for the facility, including a description of a
funding mechanism for ongoing operation and maintenance, in
sufficient detail to allow the City Manager to assess whether the
facility will be sustainable and will meet the amenities outlined
in Exhibit "E" to this Agreement. Within thirty (30) days of the
City Manager's receipt of the preliminary facility plan and
preliminary budget, the City Manager shall either provide
Owner with written approval to construct the facility or notify
Owner of any deficiencies in the preliminary facility plan and
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preliminary budget that will need to be resolved to obtain the
City Manager's written approval.
4.9.2.3 Upon written approval of City Manager to pursue construction
of the swim facility, City shall relieve Owner from the
obligation to provide 3.9 acres of CPF in Village 7 as identified
in the agreement between the City and Otay Project, LP dated
August 22, 2012 and allow Owner to process an application to
re -zone that land from open space and low density single
family residential to a higher density single family or multi-
family residential. Owner will be allowed to apply for a transfer
of approved units from Village 2 to Village 7; and
4.9.2.4 Owner shall have the option to process an application to rezone
the 0.9 acre CPF -2 site in Village 2 South to a single family
zone.
4.10 Community Facilities District. Owner may choose to use a phased Community
Facilities District (CFD) for the Project, which may have multiple improvement
phases or bond series. City and Owner shall meet and confer regarding
reasonable ways to lower the amount, if feasible, Owner must pay for the City's
administration costs associated with such a phased CFD approach while providing
the City with sufficient funds to cover the costs associated with the phased
approach.
4.11 Fiscal Impact Fee. The 2,479 units within the Project which are subject to the
Public Benefit Contribution as defined in Section and as shown in the Public
Benefit Contribution Table attached to this Agreement as Exhibit "F" shall be
subject to an additional fiscal impact fee of eighty dollars ($80), payable at the
time of building permit issuance, in complete satisfaction of all fiscal impact
funding requirements of the City Municipal Code, including CVMC 19.09.060(J),
for the Project (the "Fiscal Impact Fee "). The Neighborhoods shown as exempt
from the Public Benefit Contribution on the Public Benefit Contribution Table
shall also be exempt from the Fiscal Impact Fee and any other fiscal impact
funding requirements.
5. OWNER'S OBLIGATIONS AND PROVISION OF PUBLIC BENEFITS.
5.1 Extraordinary Public Benefit Contribution.
5.1.1 As consideration for City's approval of the 1,562 additional residential
units for the Project approved on the Approval Date with the
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amendments to the General Plan, Otay Ranch GDP and the SPA Plan
and performance of its obligations set forth in this Agreement, Owner
shall make a contribution to City to be used for a public facility or
facilities that shall be in addition to any other fee or charge to which the
Property and the Project would otherwise be subject (the "Public
Benefit Contribution ") in the amounts specified in the table attached as
Exhibit "F" (the "Public Benefit Contribution Table "). The Public
Benefit Contribution was calculated to equal Five Thousand Dollars
($5,000) for each of the 1,562 additional residential units, although it
would be spread over 2,479 units within the Property as described in
the Public Benefit Contribution Table.
5.1.2 The Public Benefit Contribution for each residential dwelling unit shall
be payable at the time of building permit issuance for the unit in
accordance with the Public Benefit Contribution Table. Owner shall
have no obligation to obtain building permits in any particular order or
obtain building permits for all of the units shown on the Public Benefit
Contribution Table. Therefore, there is no guarantee that the entire
Public Benefit Contribution will be paid.
5.1.3 Owner shall have the right to build the public facility or facilities to the
satisfaction of the City Manager pursuant to a separate agreement with
City pursuant to which Owner would have the right to reimbursement
from Public Benefit Contributions previously made and credits against
Public Benefit Contributions not yet made.
5.1.4 Owner agrees and acknowledges that its failure to satisfy the provisions
of this Section shall constitute a default of its obligations under the
Agreement and that upon any such default the City may pursue any of
the remedies provided in this Agreement.
5.2 Public Facilities and Services.
5.2.1 Owner shall complete construction of a half width (i.e., two, striped
one -way lanes) of Heritage Road between Santa Victoria Road and
Main Street to the satisfaction of the City Manager, before the issuance
to Owner, and its subsidiaries and successors, of the 155th cumulative
building permit for a residential unit with sewers connecting south to
the Salt Creek interceptor or before December 31, 2016, whichever is
sooner; provided, however, that Owner's obligation to complete
construction within the time provided in this Section may be
extended because of events beyond the Owner's control as described in
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this Agreement. If Owner is unable to obtain any off -site right -of -way
or easements necessary to complete construction of a half width at
Heritage Road as provided in this Section , Owner, shall comply
with the requirements of Government Code section 66462.5 and the
City's Standardized Tentative Map Condition 40(a) -(d) (See City's
Subdivision Manual, Section 5: Appendices).
6. TERM AND TERMINATION.
6.1 Term of Agreement. The Term shall commence on the Effective Date. The Term
shall continue for a period of twenty (20) years from the Effective Date, subject to
the following:
6.1.1 The Term shall be extended for periods equal to the time during which:
6.1.1.1 Litigation is pending which challenges any matter, including
compliance with CEQA or any other local, state, or federal law,
related in any way to the approval or implementation of all or
any part of the Project Approvals. Any such extension shall be
equal to the time between the filing of litigation, on the one
hand, and the entry of final judgment or dismissal, on the other.
6.1.1.2 Any other delay occurs which is beyond the control of the
Parties, as described in Section
6.1.2 During the Term, certain portions of the Property may be released from
this Agreement as provided elsewhere in this Agreement.
6.1.3 As provided in Section and elsewhere within this Agreement, the
Term may end earlier than the end of the Term as specified in this
Agreement.
6.2 Termination. This Agreement shall be deemed terminated and of no further effect
upon the earlier occurrence of any of the following events:
6.2.1 Expiration of the Term as set forth in Section ;
6.2.2 Entry of a final judgment setting aside, voiding, or annulling the
adoption of the Enabling Ordinance;
6.2.3 The adoption of a referendum measure overriding or repealing the
Enabling Ordinance;
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6.2.4 Completion of the Project in accordance with the terms of this
Agreement, including issuance of all required occupancy permits and
acceptance, as required by state law, by City, or the applicable public
agency, of all required dedications and the satisfaction of all of
Owner's obligations under this Agreement; and
6.2.5 As may be provided by other specific provisions of this Agreement.
6.3 Effect of Termination. Subject to Section , upon any termination of this
Agreement, the only rights or obligations under this Agreement which either Party
shall have are:
6.3.1 The completion of obligations which were to have been performed
prior to termination, other than those which are separately addressed by
Section ;
6.3.2 The performance and cure rights set forth in Section ;and
6.3.3 Those obligations that are specifically set forth as surviving this
Agreement, such as those described in Section _ and in Sections
through_ and
6.4 Release of Obligations With Respect to Individual Lots Upon Certification of
Occupancy. Notwithstanding any other provision of this Agreement:
6.4.1 When any individual lot has been finally subdivided and sold, leased,
or made available for lease to a member of the public or any other
ultimate user, and a certificate of occupancy has been obtained for the
building(s) on the lot, that lot and its owner shall have no further
obligations under and shall be released from this Agreement.
6.4.2 Upon the conveyance of any lot, parcel, or other property, whether
residential, commercial, or open space, to a homeowners' association,
property owners' association, or public or quasi - public entity, that lot,
parcel, or property and its owner shall have no further obligations under
and shall be released from this Agreement.
No formal action by the City is required to effect this release, but, upon
Owner's request, City shall sign an estoppel certificate or other document
to evidence the release.
6.5 Term of Map(s) and Other Project Approvals.
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6.5.1 Subdivision Maps. Pursuant to Government Code Section 66452.6, the
term of all subdivision or parcel maps that are approved for all or any
portion of the Project shall be automatically extended to a date
coincident with the Term and, where not prohibited by State law, with
any extension of the Term.
6.5.2 Other Project Approvals. Pursuant to Government Code section
65863.9, the Project Approvals shall automatically be extended for a
term ending concurrently with the applicable subdivision maps for the
Project.
ANNUAL REVIEW.
7.1 Timing of Annual Review. Pursuant to Government Code Section 65865.1, at
least once during every twelve (12) month period of the Term, City shall review
the good faith compliance of Owner with the terms of this Agreement ( "Annual
Review ").
7.2 Standards for Annual Review. During the Annual Review, Owner shall be
required to demonstrate good faith compliance with the terms of this Agreement.
"Good faith compliance" shall be established if Owner is in compliance with the
terms and conditions of this Agreement. If the City Council or its designee finds
and determines that Owner is not in good faith compliance, then City may
proceed in accordance with Section pertaining to the potential default of
Owner and the opportunities for cure. Owner shall pay the City's reasonable fees
and costs incurred in connection with the Annual Review.
7.3 Procedures for Annual Review. The Annual Review shall be conducted by the
City Council or its designee. Owner shall be given a minimum of sixty (60) days'
notice of any date scheduled for an Annual Review.
7.4 Certificate of Compliance. At any time during any year that the City Council or
its designee finds that Owner is not in default under this Agreement, City shall,
upon written request by Owner, provide Owner with a written certificate of good
faith compliance within fifteen (15) days of City's receipt of that request.
THIRD PARTY LITIGATION.
8.1 General Plan Litigation. City has determined that this Agreement is consistent
with its General Plan, the Otay Ranch GDP and the SPA Plan. Owner has
reviewed the General Plan, the Otay Ranch GDP and the SPA Plan and concurs
with City's determination. City shall not have any liability under this Agreement
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or otherwise for any failure of City to perform under this Agreement, or for the
inability of Owner to develop the Property as contemplated by the Project
Approvals or this Agreement, if such failure or inability is the result of a judicial
determination that part or all of the General Plan, Otay Ranch GDP or SPA Plan
is invalid, inadequate, or not in compliance with law.
8.2 Third Party Litigation Concerning Project or Agreement. Owner shall, at
Owner's expense, defend, indemnify, and hold City, its officers, employees and
independent contractors engaged in Project planning or implementation, harmless
from any third -party claim, action or proceeding against City, its agents, officers
or employees to attack, set aside, void, or annul the Project Approvals,
Subsequent Project Approvals or this Agreement. City shall promptly notify
Owner of any such claim, action or proceeding, and City shall reasonably
cooperate in the defense. City may in its discretion participate in the defense of
any such claim, action or proceeding. If the City uses its discretion to participate
in the defense of any such claim, action or proceeding, the City shall pay its own
attorneys' fees and litigation costs incurred in that defense.
8.3 Indemnity. In addition to the provisions of Section Owner shall indemnify,
defend and hold City, its officers, agents, employees and independent contractors,
engaged in Project planning or implementation, free and harmless from any third -
party liability or claims based or alleged upon any act or omission of Owner, its
officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury or death (Owner's employees included) or any
other element of damage of any kind or nature, relating to or arising from
development of the Project, except for claims for damages arising through active
negligence or willful misconduct of City, its officers, agents, employees and
independent contractors. Owner shall defend, at Owner's expense, including
attorneys' fees, City, its officers, agents, employees and independent contractors
in any legal action based upon such alleged acts or omissions of Owner. City may
in its discretion participate in the defense of any such legal claim, action, or
proceeding. If the City uses its discretion to participate in the defense of any such
claim, action or proceeding, the City shall pay its own attorneys' fees and
litigation costs incurred in that defense.
8.4 Environmental Contamination. Owner shall indemnify and hold City, its officers,
agents, and employees free and harmless from any liability, based or alleged,
upon any act or omission of Owner, its officers, agents, employees,
subcontractors, predecessors in interest, successors, assigns, and independent
contractors, resulting in any violation of any federal, state or local law, ordinance
or regulation relating to industrial hygiene or to environmental conditions on,
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under, or about the Property, including, but not limited to, soil and groundwater
conditions, and Owner shall defend, at its expense, including attorneys' fees, City,
its officers, agents and employees in any action based or asserted upon any such
alleged act or omission. City may in its discretion participate in the defense of
any such claim, action, or proceeding. If the City uses its discretion to participate
in the defense of any such claim, action or proceeding, the City shall pay its own
attorneys' fees and litigation costs incurred in that defense.
8.5 City to Approve Counsel; Conduct of Litigation. With respect to Sections
through , City reserves the right either (a) to approve the attomey(s) that
Owner selects, hires, or otherwise engages to defend City, which approval shall
not be unreasonably withheld or delayed, or (b) in the City's sole discretion,
conduct its own defense with the understanding that Owner's attorneys shall be
lead counsel and City's attorneys shall, to the maximum extent feasible, cooperate
with Owner's attorneys. If City elects to conduct its own defense, Owner shall
reimburse City for all reasonable attorneys' fees and litigation costs incurred for
such defense. Owner shall have the right to audit all billings for such fees and
expenses.
8.6 Survival. The provisions of Sections through inclusive, shall survive the
termination, cancellation, or expiration of this Agreement.
9. DEFAULTS AND REMEDIES.
9.1 Default by Owner. Owner shall be in default of this Agreement if it does any or
any combination of the following:
9.1.1 Willfully violates any order, ruling or decision of any administrative or
judicial body having jurisdiction over the Property or the Project.
Owner may contest any such order, ruling or decision by appropriate
proceedings conducted in good faith, in which event no default of this
Agreement shall be deemed to have occurred unless and until there is a
final, nonappealable judicial decision that Owner willfully violated
such obligation.
9.1.2 Fails to cure a material breach of this Agreement within the time set
forth in a written notice of default from the City.
9.2 Default by City. The City shall be in default of this Agreement only if it fails to
cure a material breach of this Agreement within the time set forth in a written
notice of default from the Owner to the City.
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9.3 Notice and Termination. A Party alleging a default by any other Party shall serve
written notice thereof. Each such notice shall state with specificity all of the
following:
9.3.1 The nature of the alleged default, with reference to the specific Sections
of the Agreement that are alleged to have been breached and the
specific facts supporting those allegations;
9.3.2 The manner in which the alleged default may be satisfactorily cured.
9.3.3 A period of time in which the default may be cured. The notice of
default shall allow at least sixty (60) days to cure the default. If the
default is of such a nature as not to be susceptible of cure within sixty
(60) days using diligent efforts, then the defaulting Party shall only be
deemed to have failed to cure the default if it fails diligently to
commence such cure within sixty (60) days or if it fails diligently to
prosecute such sure to its conclusion.
9.4 Default Remedies. A Party who complies with the notice of default and
opportunity to cure requirements of Section _ may, at its option, institute legal
action to cure, correct, or remedy the alleged default as provided in this
Agreement.
9.5 Owner's Remedy. The Owner acknowledges that the City would not have
entered into this Agreement if it were to be liable in damages under or with
respect to all or any part of the development of the Project. Accordingly, Owner
shall not sue the other City for damages or monetary relief for any matter related
to the development of the Project. Owner's litigation remedies shall be limited to
declaratory and injunctive relief, mandate, and specific performance.
9.6 City's Remedy. In the event of an uncured default by Owner, the City may
pursue any and all available legal or equity remedies for the default.
9.7 Waiver; Remedies Cumulative. All waivers of performance must be in a writing
signed by the Party granting the waiver. There are no implied waivers. Failure
by City or Owner to insist upon the strict performance of any provision of this
Agreement, irrespective of the length of time for which such failure continues,
shall not constitute a waiver of the right to demand strict compliance with this
Agreement in the future.
A written waiver affects only the specific matter waived and defines the
performance waived and the duration of the waiver. Unless expressly stated in a
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written waiver, future performance of the same or any other condition is not
waived.
A Party who complies with the notice of default and opportunity to cure
requirements of Section _, where applicable, and elects to pursue a legal or
equitable remedy available under this Agreement does not waive its right to
pursue any other remedy available under this Agreement, unless prohibited by
statute, court rules, or judicial precedent.
Delays, tolling, and other actions arising under Section shall not be
considered waivers subject to this Section
9.8 Alternative Dispute Resolution. Any dispute between the Parties may, upon the
mutual agreement of the Parties, be submitted to mediation, binding arbitration, or
any other mutually agreeable form of alternative dispute resolution. While an
alternative dispute process is pending, the statute of limitation shall be tolled for
any claim or cause of action which either of the Parties may have against the
other.
10. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES.
10.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any
manner, at Owner's sole discretion, from encumbering some or all of the Property
or any improvement on the Property by any mortgage, deed of trust, or other
security device to secure financing related to the Property or the Project.
10.2 Mortgagee Protection. City acknowledges that the lender(s) providing financing
secured by the Property and/or its improvements may require certain Agreement
interpretations and modifications. City shall, at any time requested by Owner or
the lender, meet with Owner and representatives of such lender(s) to negotiate in
good faith any such interpretation or modification. City will not unreasonably
withhold or delay its consent to any requested interpretation or modification
provided such interpretation or modification is consistent with the intent and
purposes of this Agreement. Any Mortgagee of the Property shall be entitled to
the following rights and privileges:
10.2.1 Neither entering into this Agreement nor a breach of this Agreement
shall defeat, render invalid, diminish, or impair the lien of any
mortgage or deed of trust on the Property made in good faith and for
value.
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10.2.2 If City timely receives a request from a Mortgagee requesting a copy of
any notice of default given to Owner under the terms of this
Agreement, City shall provide a copy of that notice to the Mortgagee
within ten (10) days of sending the notice of default to Owner. The
Mortgagee shall have the right, but not the obligation, to cure the
default during the remaining cure period allowed Owner under Section
- - of this Agreement.
10.2.3 Except as otherwise provided within this Agreement, any Mortgagee
who comes into possession of some or all of the Property pursuant to
foreclosure of a mortgage or deed of trust, or deed in lieu of such
foreclosure or otherwise, shall:
10.2.3.1 Take that property subject to the terms of this Agreement and as
Owner's successor;
10.2.3.2 Have the rights and obligations of an Assignee as set forth in
Sections and ;
10.2.3.3 Have the right to rely on the provisions of Section of this
Agreement, provided that any development proposed by the
Mortgagee is in substantial conformance with the terms of this
Agreement; and
10.2.3.4 Not be liable for any defaults, whether material or immaterial,
or monetary obligations of Owner arising prior to acquisition of
title to the Property by the Mortgagee, except that the
Mortgagee may not pursue development pursuant to this
Agreement until all delinquent and current fees and other
monetary obligations due under this Agreement for the portions
of the Property acquired by the Mortgagee have been paid to
City.
10.3 Estoppel Certificate. Within ten (10) business days following a written request by
either of the Parties, the other Party shall execute and deliver to the requesting
Party a statement certifying that (i) either this Agreement is unmodified and in
full force and effect or there have been specified (date and nature) modifications
to the Agreement, but it remains in full force and effect as modified; and
(ii) either there are no known current uncured defaults under this Agreement or
that the responding Party alleges that specified (date and nature) defaults exist.
The statement shall also provide any other reasonable information requested. The
failure to timely deliver this statement shall constitute a conclusive presumption
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that this Agreement is in full force and effect without modification, except as may
be represented by the requesting Party and that there are no uncured defaults in
the performance of the requesting Party, except as may be represented by the
requesting Party. Owner shall pay to City all reasonable administrative costs
incurred by City in connection with the issuance of estoppel certificates under this
Section prior to City's issuance of such certificates.
10.4 Transfer or Assignment. Subject to Section and , each individual entity
comprising Owner shall have the right to sell, transfer, or assign its rights and
obligations under this Agreement (collectively, an "Assignment ") in connection
with a transfer of Owner's interest in all, any portion of, or any interest in the
Property (the "Transferred Property"). No Assignment shall be made unless made
together with the sale, transfer, or assignment of all or any portion of Owner's
interest in the Property.
At least fifteen (15) business days prior to the effective date of any Assignment,
Owner shall notify City in writing of the proposed Assignment and provide City
with an Assignment and Assumption Agreement, in a form substantially similar to
Exhibit "G ", executed by the purchaser, transferee, or assignee (collectively, the
"Assignee ") to expressly and unconditionally assume all duties and obligations of
Owner under this Agreement remaining to be performed at the time of the
Assignment.
10.5 Effect of Assi nrg i ent. Subject to Section and unless otherwise stated within
the Assignment, upon an Assignment:
10.5.1 The Assignee shall be liable for the performance of all obligations of
Owner with respect to Transferred Property, but shall have no
obligations with respect to the portions of the Property, if any, not
transferred (the "Retained Property").
10.5.2 The owner of the Retained Property shall be liable for the performance
of all obligations of Owner with respect to Retained Property, but shall
have no further obligations with respect to the Transferred Property.
10.5.3 The Assignee's exercise, use, and enjoyment of the Transferred
Property shall be subject to the terms of this Agreement to the same
extent as if the Assignee were the Owner.
10.6 City's Consent. The City's reasonable consent shall be required for any transfer
or assignment of all or a portion of this Agreement.
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4 °217
11. MISCELLANEOUS PROVISIONS.
11.1 Rules of Construction. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory; "may" is permissive.
11.2 Binding Effect of Agreement. This Agreement shall be recorded against the
Property and shall run with the land. Until released or terminated pursuant to the
provisions of this Agreement or until Owner has fully performed its obligations
arising out of this Agreement, no portion of the Property shall be released from
this Agreement. If an Owner acquires other real property within Village 2, that
additional real property shall be subject to this Agreement.
11.3 Entire Agreement. This Agreement constitutes the entire understanding and
agreement of City and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements
between City and Owner respecting the subject matter of this Agreement.
11.4 Recorded Statement Upon Termination. Upon the completion of performance of
this Agreement or its cancellation or termination, a statement evidencing
completion, cancellation, or termination signed by the appropriate agents of City,
shall be recorded in the Official Records of San Diego County, California.
11.5 Amendment or Cancellation of Agreement. This Agreement may be amended
from time to time or canceled only by the written consent of both City and Owner
in the same manner as its adoption, as set forth in California Government Code
Section 65868. Any amendment or cancellation shall be in a form suitable for
recording in the Official Records of San Diego County, California. An
amendment or other modification of this Agreement will continue to relate back
to the Effective Date of this Agreement (as opposed to the effective date of the
amendment or modification), unless the amendment or modification expressly
states otherwise. The Parties recognize that because of fragmented ownership
within Village 2, amendments to this Agreement may be appropriate to add or
delete property to or from this Agreement to reflect consolidations of property by
Owner. The Parties agree to cooperate reasonably to process such amendments if
the need arises.
11.6 Minor Changes /Operating Memorandum. The provisions of this Agreement
require a close degree of cooperation between the Parties. It is anticipated that
minor changes to the Project may be required from time to time to accommodate
design changes, engineering changes, and other refinements related to the details
of the Parties' performance. Minor changes are those changes to the Project that
are otherwise consistent with the Project Approvals, and which do not result in a
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4 -218
change in the type of use, an increase in density or intensity of use, significant
new or increased environmental impacts that cannot be mitigated, or violations of
any applicable health and safety regulations in effect on the Approval Date.
Accordingly, the Parties may mutually consent to adopting minor changes
through their signing of an operating memorandum reflecting the minor changes.
Neither the minor changes nor any operating memorandum shall require public
notice or hearing. The City Attorney and City Manager shall be authorized to
determine whether proposed modifications and refinements are minor changes
subject to this Section or more significant changes requiring amendment of this
Agreement. The City Manager may execute any operating memorandum for
minor changes without City Council action. Minor changes would include,
without limitation, minor boundary or lot line adjustments necessary to properly
reflect the applicability of this Agreement in the chain of title.
11.7 Proiect as a Private Undertaking. It is specifically understood by City and Owner
that (i) the Project is a private development; (ii) City has no interest in or
responsibilities for or duty to third parties concerning any improvements to the
Property unless City accepts the improvements pursuant to the provisions of this
Agreement or in connection with subdivision map approvals; and (iii) Owner
shall have the full power and exclusive control of the Property, subject to the
obligations of Owner set forth in this Agreement.
11.8 Incorporation of Recitals. Each of the Recitals set forth at the beginning of this
Agreement are part of this Agreement.
11.9 Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this
Agreement.
11.10 Consent. Where the consent or approval of City or Owner is needed to implement
Development under this Agreement, the consent or approval shall not be
unreasonably withheld, delayed, or conditioned.
11.11 Covenant of Cooperation. City and Owner shall cooperate and deal with each
other in good faith and assist each other in the performance of the provisions of
this Agreement.
11.12 Execution and Recording. The City Clerk shall cause a copy of this Agreement
or, at the City's discretion, a notice of the Agreement, to be signed by the
appropriate representatives of the City and recorded with the Office of the County
Recorder of San Diego County, California, within ten (10) days following the
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4 -219
Effective Date. The failure of the City to sign and/or record this Agreement or
notice thereof shall not affect the validity of and binding obligations set forth
within this Agreement.
11.13 Relationship of City and Owner. The contractual relationship between City and
Owner arising out of this Agreement is one of independent contractor and not
agency. This Agreement does not create any third -party beneficiary rights.
11.14 Notices. All notices, demands, and correspondence required or permitted by this
Agreement shall be in writing and delivered in person, sent by electronic mail, or
mailed by first class or certified mail, postage prepaid, addressed as follows:
If to City, to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Manager
With a copy to:
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
If to Owner, to:
Baldwin & Sons, LLC
610 West Ash Street, #1500
San Diego, California 92101
Attn: Mr. Nick Lee
Iya1�7
Sunranch Capital Partners, LLC
610 West Ash Street, 91500
San Diego, California 92101
Attn: Mr. Stephen Haase
With a copy to:
Law Offices of R. Martin Bohl
501 West Broadway, Suite 520
San Diego, California 92101
60093.00025 \9324655.2
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Attn: R. Martin Bohl
City or Owner may change its address by giving notice in writing to each of the
other names and addresses listed above. Thereafter, notices, demands, and
correspondence shall be addressed. and transmitted to the new address. Notice
shall be deemed given upon personal delivery, the date of actual receipt or, if
mailed, not later than two (2) business days following deposit in the United States
mail.
11.15 Waiver of Right to Protest. Execution of this Agreement is made by Owner
without protest. Owner knowingly and willingly waives any rights it may have
under Government Code section 66020 or any other provision of law to protest
the imposition of any fees, dedications, reservations, or other exactions imposed
on the Project as authorized by this Agreement, the Project Approvals or the
Subsequent Project Approvals.
11.16 Delay for Events Beyond the Parties, Control. Performance by either Party of its
obligations under this Agreement shall be excused, and the Term shall be
extended, for periods equal to the time during which (1) litigation is pending
which challenges any matter, including compliance with CEQA or any other
local, state, or federal law, related in any way to the approval or implementation
of all or any part of the Project Approvals or Subsequent Project Approvals. Any
such extension shall be equal to the time between the filing of litigation, on the
one hand, and the entry of final judgment or dismissal, on the other. All such
extensions shall be cumulative; (2) a delay is caused by reason of any event
beyond the control of City or Owner which prevents or delays performance by
City or Owner of obligations under this Agreement. Such events shall include, by
way of example and not limitation, acts of nature, riots, strikes, or damage to
work in process by reason of fire, mud, rain, floods, earthquake, or other such
casualties. Such an event does not include a market or business downturn,
recession or other change in the business cycle.
-26-
4 -221
If City or Owner seeks excuse from performance, it shall provide written notice of
such delay to the other within thirty (30) days of the commencement of such
delay. If the delay or default, whether material or immaterial, is beyond the
control of City or Owner it shall be excused, and an extension of time for such
cause shall be granted in writing for the period of the enforced delay, or longer as
may be mutually agreed upon. Any disagreement between the Parties with
respect to whether this Section applies to a particular delay or default is subject to
the filing by either Party of an action for judicial review of the matter, including
requests for declaratory and/or injunctive relief.
11.17 Interpretation and Governing Law. In any dispute regarding this Agreement, the
Agreement shall be governed and interpreted in accordance with the laws of the
State of California. Venue for any litigation concerning this Agreement shall be
in San Diego County, California.
11.18 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
11.19 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective successors and assigns.
11.20 Future Litigation Expenses.
11.20.1 Payment to Prevailing Party. If either Party brings a legal or equitable
proceeding against the other Party which arises in any way out of this
Agreement, the prevailing Party shall be entitled to recover its
reasonable attorneys' fees and all other reasonable costs and expenses
incurred in that proceeding.
11.20.2 Scope of Fees. Attorneys' fees under this Section shall include
attorneys' fees on any appeal and in any post - judgment proceedings to
collect or enforce the judgment. This provision is separate and several
and shall survive the termination of this Agreement.
12. EXHIBITS. All exhibits attached to this Agreement are incorporated as a part of this
Agreement. Those exhibits are:
60093.00025 \9324655.2
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Exhibit
Description
"A"
Legal Description and Depiction of the Property
"B"
General Description and Depiction of the Project
"C"
Listing of Project Approvals
"D"
Listing of Anticipated Subsequent Project Approvals
"E"
Description of Possible P -5 Swim Facility
"F"
Public Benefit Contribution Table
"G"
Assignment and Assumption Agreement
60093.00025\9324655.2
(Signatures on following page)
WZ
4 -223
Owner and City have executed this Agreement on the dates set forth below.
CITY OWNER
CITY OF CHULA VISTA, a California charter [provide signature blocks for all Owner
city and municipal corporation parties], a California limited liability company
By: By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
R
City Attorney
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4 -224
EXHIBIT "A"
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
EXHIBIT A
60093.00025\9324655.2
4 -225
EXHIBIT `B"
GENERAL DESCRIPTION AND DEPICTION OF THE PROJECT
IoKY:11:31Y1Y:3
60093.00025 \9324655.2
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EXHIBIT "C"
LISTING OF PROJECT APPROVALS
EXHIBIT C
60093.00025 \9324655.2
4 -227
EXHIBIT "D"
LISTING OF ANTICIPATED SUBSEQUENT PROJECT APPROVALS
EXHIBIT D
60093,00025 \9324655.2
4 -228
EXHIBIT "E"
DESCRIPTION OF POSSIBLE SWIM FACILITY AMENITIES
A public swim club designed and constructed by Owner would need to include but not limited to
the following facilities /amenities to the satisfaction of the City Manager:
• 25 yard, 8 lane pool with a minimum surface pool area of 5,000 sf,
• Wading pool or splash pad amenity;
• Water slides/ play structure and a water exercise area;
• Pool decking with public viewing area
• Shade structures
• Administrative office space;
• Lifeguard office;
• Restrooms /changing rooms;
• Shower facilities;
• Storage space;
• Pool equipment room;
• Snack bar and concession stand.
All buildings and required parking will be designed to meet the standards of the Village Design
Plan and the Montecito Village Core Master Precise Plan. All facilities shall be fully ADA
accessible. A parking study shall be provided to demonstrate adequate onsite parking will be
provided to serve the facility.
EXHIBIT E
60093.00025 \9324655.2
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Total Units 2479
Fee amount:
Contribution Units Total
Amount Contributing Contribution
Units 1 -2129 $2,846.41 2129 $6,060,000
Units 2130 -2479 $5,000.00 350 $1,750,000
Total 2479 $7,810,000
EXHIBIT F
60093.00025\9324655.2
4 -230
EXHIBIT "F"
PUBLIC
BENEFIT CONTRIBUTION TABLE
Neighborhoods /units subject to extraordinary benefit contribution:
Neighborhood
Total Units
R -4B(a)
111
R -4B(b)
275
R -8C
51
R -12
600
R -16B
17
R- 17B(a)
34
R- 17B(b)
95
R- 18A(b)
24
R- 18B(b)
5
R -19B
39
R -20
80
R -21B
53
R -23
93
R -24
59
R -25A
330
R -27
175
R -31
25
MU -1
38
MU-2
50
MU-3
90
C -1
235
Total Units 2479
Fee amount:
Contribution Units Total
Amount Contributing Contribution
Units 1 -2129 $2,846.41 2129 $6,060,000
Units 2130 -2479 $5,000.00 350 $1,750,000
Total 2479 $7,810,000
EXHIBIT F
60093.00025\9324655.2
4 -230
Neighborhoods R -513, R -6, R -SA, R -8B, R -9B, R -10A, R,10B, R -11, R -13, R14 & R -15b are
exempt from extraordinary benefit contribution.
60093.00025 \9324655.2
EXHIBIT F
4 -231
EXHIBIT "G"
ASSIGNMENT AND ASSUMPTION AGREEMENT
EXHIBIT G
60093.00025 \9324655.2
4 -232
ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
( "Assignment ") is made as of the day of 20_ ( "Effective Date "), by and
among the ( "Owner ") and
( "Assignee ") with reference to the following facts:
RECITALS
A. Owner is a party to that certain Development Agreement, dated by
and between the City of Chula Vista ( "City "), on the one hand, and [list all owners] ( "Owner ")
on the other hand ( "Agreement ") for certain real property consisting of approximately
acres of land located in the City, more particularly described in Exhibit "A" ( "Property ").
B. Owner desires to assign and delegate, and Assignee desires to accept and assume,
all of Owner's rights and obligations under the Agreement in accordance with the terms and
conditions set forth herein.
C. By signing this Assignment, the City approves the Assignment in accordance with
the terms and conditions set forth herein and in the Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner and Assignee do hereby agree as follows:
1. Assignment and Assum tp ion. Effective as of the Effective Date, Owner hereby
assigns, transfers, and conveys to Assignee all of Owner's rights, interest, duties, liabilities, and
obligations in, to, and under the Agreement, and Assignee hereby accepts and assumes all such
rights, interests, duties, liabilities, and obligations under the Agreement from Owner for [the
Property or a portion of the Property] ( "Assigned Property ") [, except to the extent Owner has
retained a portion of the Property (the "Retained Property ")].
2. City Consent to Assi ug "ra lent. Effective as of the Effective Date, City hereby
consents to the Assignment and hereby fully releases and forever discharges Owner from any
and all obligations to City under the Agreement for the Assigned Property, [except Owner's
obligations with respect to the Retained Property].
3. Entire Agreement. This Agreement represents the final and entire agreement
between the parties in connection with the subject matter hereof, and may not be modified except
by a written agreement signed by both Owner and Assignee.
3. Governing Law. This Agreement has been prepared, negotiated, and executed in,
EXHIBIT G -1
60093.00025 \9324655.2
4 °233
and shall be construed in accordance with, the laws of the State of California, without regard to
conflict of law rules.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
671"i=-
Assignee:
City:
City of Chula Vista,
a California Municipal Corporation
By:_
Name:
EXHIBIT G -2
60093.00025 \9324655.2
4 -234
D e v e I o p m e n t S e r v i c e s D e p a r t m e n t
Planning Division I Development Processing
CITY OF
CHUTA VISTA
Disclosure Statement - Baldwin & Sons, LLC
APPLICATION APPENDIX B
Pursuant to City Council Policy 101 -01, prior to any action on a matterthat requires discretionary action by the City
Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain
ownerships, financial interest, payments, and campaign contributions must be filed. The following information must
be disclosed:
List the names of all persons having a financial interest in the project that is the subject of the
application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier).
Village II of Otay HB Sub BB Development, LLC
Village It of Otay, LP RBJB Development, LLC
2. If any person* identified in section 1. above is a corporation or partnership, list the names of all
individuals with an investment of $2000 or more in the business (corporation /partnership) entity.
Al Baldwin Steven E. Baldwin
Shawn M. Baldwin Ronald J. Baldwin
Randall Bone
13. If any person* identified in section 1. above is a non - profit organization or trust, list the names of
any person who is the director of the non - profit organization or the names of the trustee, beneficiary
and trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors, whom you have authorized to represent you before the City in this matter.
Stephen Haase (B &S LLC) Alisa Vialpando (H &A)
Zach Adams (B &S LLC) Dave Hammar (H &A
Troy Burns (H &A)
S. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this
contract, project or application within the past 12 months? Yes No X
If yes, briefly describe the nature of the financial interest the official ** may have in this contract.
ATTACHMENT 9
276 Fourth Avenue I Chula Vista4_( (Wgfornia 1 91910 1 (619) 691.5101
D e v e 1 o p m e n t S e r v i c e s D e p a r t m e n t
Planning Division I Development Processing
C 1Y OF
CHUavisA APPLICATION APPENDIX B
Disclosure Statement - Page 2 Baldwin & Sons, LLC
6. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, made a campaign contribution of more than $250 within the past (12) months to a
current member of the City of Chula Vista Council ? Yes X No
if yes which council member? Pamela Bensoussan Patricia Aguilar
7. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, provided more than $420 (or an item of equivalent value) to an official ** of the City of
Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the
recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan,
etc.) Yes No X
If yes, which official ** and what was the nature of the item provided?
8. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the
past (12) months? Yes No
X
If yes, which official ** and the nature of the item provided?
Date 7' q
Signature o Co ntracto r/A pl!cant
Baldwin & Sons LLC
Print or type name of Contractor /Applicant
* Person is identified as: any individual, firm, co- partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, or any other group or combination acting as a unit.
** official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission or committee of the City, and City employee or staff members.
* ** This disclosure Statement must be completed at the time the project application, or contract, is submitted
to City staff for processing, and updated within one week prior to consideration by legislative body.
Last Updated: March 16, 2010
:pp
Rev03.10
276 Fourth Avenue Chula Vista I California I 97910 I (619) 697.5101 P, 2�1
4 -236
D e v e l o p m e n t S e r v i c e s D e p a r t m e n t
Planning Division I Development Processing
CnY OF
CHUTA VISTA
Disclosure Statement - SunRanch Capital Partners, LLC
APPLICATION APPENDIX B
Pursuant to City Council Policy 101 -01, prior to any action on a matter that requires discretionary action by the City
Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain
ownerships, financial interest, payments, and campaign contributions must be filed. The following information must
be disclosed:
List the names of all persons having a financial interest in the project that is the subject of the
application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier).
SunPac Advisors. LLC
ASSR Pacific Investments, LLC
2. If any person* identified in section 1. above is a corporation or partnership, list the names of all
individuals with an investment of $2000 or more in the business (corporation /partnership) entity.
Ronald J. Baldwin Steven E. Baldwin
Shawn M. Baldwin
Randall Bone
3. If any person* identified in section 1. above is a non - profit organization or trust, list the names of
any person who is the director of the non - profit organization or the names of the trustee, beneficiary
and trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors, whom you have authorized to represent you before the City in this matter.
Stephen Haase (B &S LLC) Alisa Vialpando (H &A)
Zach Adams (B &S LLC) Dave Hammar MA)
Troy Burns (H &A)
5. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this
contract, project or application within the past 12 months? Yes No X
If yes, briefly describe the nature of the financial interest the official ** may have in this contract.
APP 8
Aev 03.10 >
276 Fourth Avenue I Chula Vista California I 91910 1 (619) 691.5101 P9113
4 -237
D e v e I o p ur e n t S e r v i c e s D e p a r t m e n t
Planning Division I Development Processing
CITY OF
CHUTA VISTA
Disclosure Statement - Page 2 SunRanch Capital Partners, LLC
APPLICATION APPENDIX B
6. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, made a campaign contribution of more than $250 within the past (12) months to a
current member of the City of Chula Vista Council ? Yes X No _
if yes which council member? Pamela Bensoussan Patricia Aguilar
7. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, provided more than $420 (or an item of equivalent value) to an official ** of the City of
Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the
recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan,
etc.) Yes No X
If yes, which official ** and what was the nature of the item provided?
8. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the
past (12) months? Yes No
X
If yes, which official ** and the nature of the item provided?
Date , ai- (L C C �4/l—/_'' I A
Signature of ontractor Ap licant
Baldwin & Sons LLC
Print or type name of Contractor /Applicant
* Person is identified as: any individual, firm, co- partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, or any other group or combination acting as a unit.
** official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission or committee of the City, and City employee or staff members.
* ** This disclosure Statement must be completed at the time the project application, or contract, is submitted
to City staff for processing, and updated within one week priorto consideration by legislative body.
Last Updated: March 16, 2010
Fo
APP.."
Pev 03. W
276 Fourth Avenue Chula Vista ifornia 1 91910 1 (619) 691.5101 Pe �rz
4 -��3�