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HomeMy WebLinkAbout2018-01-24 PC AgendaCITY OF CHLILA VISTA REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION January 24, 2018 6:00 p.m. CALL TO ORDER Council Chambers Public Services Bldg A 276 Fourth Avenue ROLL CALL: Commissioners Anaya, Burroughs, Calvo, Milburn, Nava, Zaker and Chair Gutierrez MOTIONS TO EXCUSE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES: January 10, 2018 PUBLIC COMMENTS: An opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. CONSENT ITEMS: The Chair may entertain requests by staff to continue an agenda item. The Chair may also entertain a recommendation by a Commissioner to approve certain non -controversial agenda items as Consent items. Notwithstanding the foregoing, an agenda item listed as a Public Hearing may not be acted upon by the Commission as a Consent Item. Public Hearing items shall be heard by the Commission as a Public Hearing. Planning Commission Agenda January 24, 2018 Page -2- PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Board Secretary prior to the meeting. 2. PUBLIC HEARING: Consideration of a Design Review permit (DR17-0026) for a 36 -unit multi -family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres located in the Otay Ranch Village Two, Neighborhood R -16A, Planned Community District (RM2) Residential Multi -Family 2 zone. Applicant: Presidio Cornerstone Aventine, LLC. Project Manager: Stan Donn, Sr. Planner Staff Recommendation: That the Planning Commission adopt Resolution DR17-0026 approving the 36 -unit multi -family attached, alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres, based on the findings and subject to the conditions contained therein. 3. PUBLIC HEARING: To consider approval of Mitigated Negative Declaration IS15-0005 and adoption of a Mitigation Monitoring and Reporting Program pursuant to CEQA, and approving the Otay River Business Park Specific Plan and Tentative Subdivision Map. Applicant: Sudberry Development, Inc. Project Manager: Miguel Tapia, Sr. Planner Staff Recommendation: Staff recommends that the Planning Commission hold the required public hearing and adopt the resolution as presented. OTHER BUSINESS 4. DIRECTOR'S REPORT: S. COMMISSION COMMENTS: ADJOURNMENT to the next Regular Planning Commission Meeting on February 14, at 6:00 p.m., in the Council Chambers. Planning Commission Agenda January 24, 2018. Page -3- Materials provided to the Planning Commission related to any open -session item on this agenda are available for public review at the City Housing Office, located in City Hall at 276 Fourth Avenue, Building 300, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact Patricia Laughlin at (619) 409-3575 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Item 1 Approval of Minutes January 10, 2018 CITY OF CHUB VISTA t Jti . f Commission +n �7 REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION January 10, 2018 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER MEMBERS PRESENT: Commissioners: Burroughs, Milburn, Nava, and Chair Gutierrez MEMBERS ABSENT: Commissioners: Anaya, Calvo Zaker MOTIONS TO EXCUSE: Burroughs/Nava Motion passed: 4-0-0 OTHERS IN ATTENDANCE: Director of Development Services Kelly Broughton, Principal Planner Steve Power, Sr. Planner Cheryl Goddard, Assistant Planner Dai Hoang, Principal Civil Engineer Frank Rivera, Property Owner Don Chrislock, Builder/Manager Neil Capin, Jr., Applicant Gene Cipparone, HMMH Consultant Justin Cook, and approximately 15 members of the public PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES: November 8, 2017 Chair Gutierrez requested a modification in the minutes on page #8 to reflect a correction that Anthony Raso was representing Bar Sin Nombre — not La Bella Pizza. MSC: Milburn/Nava Motion passed 4-0-0 PUBLIC COMMENTS: There were none PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Board Secretary prior to the meeting. Planning Commission Minutes January 10, 2018 Page -2- 2. PUBLIC HEARING CUP15-0023; DR15-0037: Consideration of a Conditional Use Permit and Design Review Permit for a 2,380 square - foot automated carwash building with vacuum stations on a 0.55 -acre site located at 495 Telegraph Canyon Road. Applicant: Gene Cipparone Architect, Inc. Project Mgr: Caroline Young, Associate Planner Resolution of the City of Chula Vista Planning Commission approving a Conditional Use Permit, CUP 15-0023 for a 2,380 square -foot automated carwash building with vacuum stations on a 0.55 -acre site located at 495 Telegraph Canyon Road. Resolution of the City of Chula Vista Planning Commission approving a Design Review Pen -nit, DR15-0037 to construct a 2,380 square -foot automated carwash building with vacuum stations on a 0.55 -acre site located at 495 Telegraph Canyon Road. Staff Recommendation: That the Planning Commission adopt Resolution CUP 15-0023 and Resolution DR15-0037 approving the project, based on the findings and subject to the conditions contained therein Caroline Young gave a slide presentation that included views of the project site from various directions to include drawings/renderings of the proposed project. She addressed noise elements, traffic, cuing on the street (Halecrest Dr.) and volume of use. COMMISSIONER QUESTIONS TO STAFF INCLUDED ISSUES REGARDING: • Is wall there, or is it to be constructed • Is the slope the edge of the property line? • Entrance on Telegraph Canyon Rd. an entrance only? • Is there documentation from CalTrans regarding old sign — do not enter? PUBLIC HEARING OPENED — limited to 3 minutes The following speakers spoke opposed to the project: Lorna Hardin Rod Bisharat Paul Walker Peter Watry Maria Morales Jackie Lancaster Judy Wilson PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS Gene Cipparone, applicant/architect, introduced himself and provided additional information as to who else was available to answer or clarify questions from the Commissioners. Planning Commission Minutes January 10, 2018 Page -3- Questions and deliberations included concerns regarding: • If there was Public Outreach to area/residents • Is there a wall at the top of the slope — if so, whose responsibility to maintain • Noise travels up and even a 6' wall won't make any difference • Traffic volume and peak hours • Any increase in accidents or matters of public safety • Would car wash noise increase decibel of freeway noise levels (ambient) ?? • Volume of noise from gates, vacuums, boom boxes and air horns • Is there or will there be an intercom system? • What are current sound db levels? • Would added vegetation decrease the sound level problems? • Suggestion of raising wall or adding wall on above property owner's land • Is there any correspondence from CalTrans regarding driveway? • A driveway with entrance/exit or entrance only • Concerns with walkability and conflicts with car wash traffic • Blocking entrance/exit with cars will back-up onto Telegraph Canyon Rd. — a cue line will take care of the problem Concerns were addressed by Gene Cipparone, Justin Cook, Steve Power, Frank Rivera and Attorney Michael Shirey There was Commission discussion regarding the use for the corner lot, increase of the wall, possible further conversation with the property owner on above property, current and future sound levels. Motion: To approve with the condition that the 6 -foot wall is increased to 9 feet MSC: Milburn/Gutierrez Motion passed: 4-0-0 Anaya, Calvo and Zaker absent OTHER BUSINESS 3. DIRECTOR'S REPORT: Reminded the Commissioners about the Brown Act rules 4. COMMISSION COMMENTS: ADJOURNMENT at 7:50 p.m. to the next Regular Planning Commission Meeting on January 24, 2018, at 6:00 p.m., in the Council Chambers. CHULA VISTA PANNING COMMISSION AGENDA STATEMENT Item: 2 Meeting Date: 1/24/18 ITEM TITLE: Public Hearing: Consideration of a Design Review permit (DR17-0026) for a 36 -unit multi -family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres located in the Otay Ranch Village Two, Neighborhood R -16A, Planned Community District (RM2) Residential Multi -Family 2 zone. Applicant: PRESIDIO CORNERSTONE AVENTINE 100, LLC. SUBMITTED BY: Stan Donn, AICP, Senior Planner REVIEWED BY: Kelly Broughton, FASLA, Director of Development Services INTRODUCTION The Applicant has submitted a Design Review application for approval of a 36 -unit multi -family attached, alley condominium project. The project includes six (6) six -unit buildings, three to four bedroom condominiums, two -car garages, and associated open space on approximately 1.32 acres. The site is vacant and located within Otay Ranch Village Two, Neighborhood R-I6A (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW The Development Services Director has reviewed the project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was covered by previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01). Thus, no further environmental review is required. RECOMMENDATION: That the Planning Commission adopt Resolution DRI 7-0026 approving the 36 -unit multi -family attached, alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres, based on the findings and subject to the conditions contained therein. DISCUSSION: Project Site Characteristics: The 1.32 -acre project site is located in the central portion of Village Two within the Village Core, on a vacant parcel south of Santa Victoria Road and east of Santa Ivy Avenue. Planning Commission January 24, 2018 Page 2 Neighborhood R -16A is bordered on the north by an elementary school site and multifamily condominiums across Santa Victoria Road, f iture multi -family residential to the east and west, and single family to the south (see Attachment 1, Locator Map). Summary of Surrounding Land Uses General Plan Zoning Current Land Use Site: Mixed -Use Residential Multifamily, RM2 Multi -Family Res. Attached Alley South: Medium Residential Multifamily, RM1 Future SF Residential North: Public Quasi, Med. Res Multifamily, RM2 Elementary School, MF Residential East: Mixed -Use Residential Multifamily, RM1 Future MF Residential West: Mixed -Use Residential Multifamily, RM2 Future MF Residential Project Description The overall proposal consists of a 36 -unit multi -family attached, alley condominium development with associated open space on approximately 1.32 acres within Neighborhood R - 16A in the Village of Montecito (Village Two). The proposal includes six (6) six -unit buildings. The buildings will be three-story with a maximum height of 40 -ft. The floor plans, consisting of three bedroom units with an optional fourth bedroom, are sized at approximately 2,116 square -feet to 2,416 square -feet for each unit. The proposed floor plans for all units include: a two -car garage and a flex-room/optional fourth bedroom and optional third bathroom on the first floor; with a living room, kitchen and dining room and deck on the second floor; with 3 bedrooms above on the third floor. Each unit is designed to provide the front entries off of Santa Victoria Road while the garage access is located off of the alleyway. Spanish style architecture incorporates four color schemes with materials such as light to dark colored stucco, tiled roofs, wrought iron accents, decorative tile, and arched openings. Required parking is provided both onsite with 36 two -car garages (72 spaces), and offsite with thirteen (13) on -street parking spaces provided along Santa Victoria Road directly north of the site and 1 on -street parking space provided along Santa Alexia Avenue bisecting the site. There are 86 total parking spaces, which is 5 more than the required 81 spaces. Onsite amenities include several common usable open space areas throughout the project site, all fronting Santa Victoria Road that provide both passive and active areas of sufficient size for residents' usage. All of these open space areas are 60 feet in depth consisting of a 23' wide active turf play area with a seating bench and shade trellis between Buildings 1 & 2. Between Building 2 & Santa Alexia and Santa Alexia and Building 3, there is enhanced landscaping and seating benches for the residents to enjoy the neighborhood. There is a 23' passive open space area with landscaping between Buildings 3&4 and 5&6 for residents to walk from the alley to Santa Victoria Road. Between Buildings 4&5, there is an additional 23' active open space area with a turf play area, large shade tree, and a small play stricture for children. Vehicle and pedestrian access is provided on and off the site. Vehicles can access the alleyway from Santa Alexia Avenue and Ortega Street, and pedestrian access along Santa Victoria Road, Santa Alexia Avenue, and Ortega Street. The maul front entrance to the homes is off Santa Victoria Road. Planning Commission January 24, 2018 Page 3 Compliance with Development Standards The following Project Data Table shows the development regulations along with the Applicant's proposal to meet said requirements: Assessor's Parcel Number: 644-313-04-00 Current Zoning: Multi -Family, RM2 General Plan Designation: Mixed -Use Residential Lot Area: 1.32 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: 2.25 spaces for three or more bedroom units 36- two car garages = 72 spaces Note: Guest parking is included Off-site parking = 14 spaces (36 units x 2.25=81 spaces) Total: 81 parking spaces Total: 86 arking spaces SETBACKSMEIGHT REQUIRED: SETBACKS/HEIGHT PROPOSED: Front: Subject to Design Review 10 feet (Santa Victoria Road) Side: Subject to Design Review 10 feet (between buildings) Exterior Side: Subject to Design Review 10 feet Rear: Subject to Design Review 3 feet Height: 60 feet Maximum 40 feet OPEN SPACE REQUIRED: OPEN SPACE PROPOSED: Common Useable: Common Useable: 36 Units x 200 square feet Total = 8,060 square feet Total = 7,200 square feet Private Useable: Private Useable: 36- 3+ Br Units x 100sf Total = 15,726 square feet Total = 3,600 square feet STORAGE REQUIREMENT: STORAGE PROVIDED: 3 Bedroom Required: 250 cubic feet 3-4 Bedroom Provided: 4+ bedroom Required: 300 cubic feet 300 cubic feet for all units ANALYSIS: Compliance with Otay Ranch Village 2 Design Guidelines • Site planning which focuses on the pedestrian and orients entries towards Village streets and minimizes views to garages and parldng areas. Planning Commission January 24, 2018 Page 4 • Architecture foczzsed primtzrily on the Santa Barbara design theme. • Optimize architecture on the street frontage. • Building elevations that tzre visible from public view areas (all Village streets, surrounding arterial sheets and public open spaces) shall be articulated with elements such as wall offsets, balconies, and windows, appropriate to the architectural style. Street facing facades shall incorporate a range of scale -defining elements that relate larger building masses to the scale of the pedestrian. Elements may include trellises., columns, archways, doorways, porches or patios and uzpper floor balconies and windows. • The interiors of multi family residential projects shall provide for common and private outdoor spaces that are functional and aesthetically pleasing. Site Planning and Building Placement/Orientation The Village Design Plan, Section III Residential District, and the Village Core Master Precise Plan (MPP) include guidelines and policies that ensure that multi -family residential buildings will contribute to the pedestrian -oriented "Village Concept" established in the Otay Ranch General Development Plan (GDP). Policies relating to pedestrian connections, building orientation, enhanced elevations and vehicular access are listed in each document to implement the visions. The pedestrian features throughout the site meet the intent of the Village Design Plan as described below. Passive and active open space areas have been provided in between buildings and at street intersections, while two planted parks are located within walking distance of the site: 1) future park (P2 Park) to the northeast and 2) future park (P5 Park) to the southeast. In order to comply with the building siting polices and guidelines included in the Village Two Design Plan and Village Core MPP, buildings have been oriented to front on the public street along Santa Victoria Road via courtyards that provide for a pedestrian connection. While pedestrian access is the most significant feature in the Villages of Otay Ranch, increased vehicular access is also important in order to offer a variety of ways to access different areas. Dispersion of automobile traffic also has the effect of making areas more pedestrian friendly as cars and pedestrians have less direct interaction. Neighborhood R -16A accommodates vehicular access points along Santa Victoria Road to the north, Santa Alexia Avenue between Buildings 2 & 3, and the alleyway to the south. Architectural Theme The Village Two Sectional Planning Area (SPA) Design Plan, Multi -Family Residential Guidelines Section and Village Core MPP identify Santa Barbara, California as the design inspiration for the Village of Montecito (Village Two). As a fundamental component of the Planning Commission January 24, 2018 Page 5 Village Core, the architecture of the proposed multi -family development is focused primarily on the Santa Barbara design theme. Although not mandated, preferred architectural styles for the Core's multi -family development include Spanish Eclectic and Spanish Mission to complement the design theme of the remainder of the village. Neighborhood R -16A is within the Village of Montecito's Secondary Core District and its architecture is consistent with the policies of the Village Design Plan and the Village Core MPP. The proposed Spanish style architecture includes four color schemes with light and dark colored stucco walls, the roofs,, arched openings, decorative wood balcony railings, decorative the and wrought iron pot shelves, in addition to accent colors for the trim and door/window frame color. Throughout Otay Ranch, enhanced elevations are required where developments are visible from public rights-of-way as well as pedestrian areas. This regulation is stipulated in the Village Two Plamied Community (PC) District regulations and the Village Core MPP. Typically, mullioned windows, pop -outs, and window surrounds were used to meet these standards in previous villages, and these features have become standard in Village Two. Enhanced elevations should include varying building elements, roof pitches, and setbacks to avoid monotony. In addition, distinctive building elements shall be oriented toward the corners of prominent Village Core and entry street intersection. Street facing facades are required to incorporate a range of scale -defining elements that relate larger building masses to the scale of the pedestrian. Elements may include columns, archways, doorways, porches or patios and upper floor balconies and windows. For the proposed project, additional design features such as decorative gable end vents, shed roof over windows, decorative wood sill, decorative shutter, wood knee brace and beam, plaster recess, decorative metal grill, fabric awing, plaster corbel, and building offsets were added along the front of the residential buildings to avoid a monotonous design. Parking Village 2 SPA regulations require 2.25 spaces for three or more bedroom units. Therefore, the required parking is 81 spaces. The project provides 86 parking spaces. All the units within the project provide a two -car garage with a total of 72 parking spaces. On -street parking consists of 13 spaces along Santa Victoria Road and 1 space along Santa Alexia Avenue pursuant to Otay Ranch Village 2 SPA, Section VIII (3) Parking Regulations. The project exceeds the required parking by five parking spaces and does not propose any compact parking. Open Space The Village 2 SPA regulations require 200 square -feet of Coimnon Usable Open Space per unit. The 36 units in this neighborhood require 7,200 square -feet of Common Usable Open Space. This project exceeds that requirement with a total of 8,060 square -feet. The Village 2 SPA also requires 100 square -feet of Private Open Space for each 3 Bedroom unit (36) for a total requirement of 3,600 square- feet. The project provides 15,726 square -feet of private open space area for the 36 units, which is more than 3 times the amount required. Planning Commission January 24, 2018 Page 6 Storage All condominium projects require an additional storage space of 250 cubic feet for each 3 - bedroom unit, and 300 cubic feet for each 4 -bedroom unit. The project provides 300 cubic feet for each unit and meets the minimum requirement of 250 cubic feet. The storage space is provided within the garage via overhead racks for each unit as shown on the floor plans. A condominium plan/map is not part of this application. However, the applicant will file a Condominium Map/Final Map subsequent to the Design Review approval in accordance with the provisions of Title 18 of the Municipal Code. CONCLUSION The proposed 36 multi -family attached alley, condominium project is a permitted land use in the Otay Ranch GDP, and in the Residential Multi -Family Two (RM2) district of the Village Two SPA Plan. The proposal complies with the policies, guidelines and design standards for the Village Two Design Plan as well as the Village Core MPP. Therefore, staff recommends the Planning Commission approve Design Review Permit, DR17-0026, to construct a 36 -unit multi- family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres, subject to the findings and the conditions listed in the attached Resolution. DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission and has found that no Planning Connmissioner has property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not represent a disqualifying real property -related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov. Code section 87100 et seq.). Staff is not independently aware, nor has staff been infonned by any Planning Comiriissioner, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. Attachments 1. Locator Map 2. Planning Commission Resolution DR -17-0026 3. Disclosure Statement 4. Project Plans J:APlanning\StanD\DRC Review\R-16A Monterra\Report & Reso\DR-17-0026 PC Staff Report.doc .��� rr�� G �i� iI i�rrr�run rm r� �► rilrrrrnlu�ism.� ,n►��� ����� ♦ ♦sem--,,,�- �, 0000 0000 JII��� �;;;v2����� i �,�- � . j �I�/� � .: • rrrrrrrre� i rr ` d� •',� , ;Wad ��� ..:�' '1 �Q a� •S '�1� �����►• '�� `�' lir \1111, = = } F���• `, ` � • ��� , .. f �t rr `i�► OTAYv► LANDFILL LOCATOR 0000 NORTH CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT Cornerstone Development PROJECT DESCRIPTION: APPLICANTMonterra PROJECT R16A DESIGN REVIEW Project Summary. ORV2, R1 6A, proposal for 6 three storyADDRESS: 6-plex buildings. SCALE: FILE NUMBER: NORTH No Scale DR17-0026 Related cases: None RESOLUTION NO. DR17-0026 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR17-0026 TO CONSTRUCT A 36 -UNIT MULTI -FAMILY ATTACHED ALLEY CONDOMINIUM PROJECT WITH TWO (2) CAR GARAGES, AND ASSOCIATED OPEN SPACE ON 1.32 ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R -16A. WHEREAS, on July 12, 2017, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Presidio Cornerstone Aventine 100, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 36 -unit multi -family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.32 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in Otay Ranch Village Two, Neighborhood R -16A (Project Site); and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was covered by previously certified Final Supplemental Environmental Impact Report (FSEIR 12-01) for the Otay Ranch Villages Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan, and therefore, no further environmental review or documentation is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, 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 and residents 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 in the Council Chambers, 276 Fourth Avenue, before the Plamzing Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following Findings: 1. That the proposed project is consistent with the development regulations of the Village Two Sectional Planning Area (SPA) Plan and Planned Community (PC) District Regulations. Neighborhood R -16A is designated Residential Multi -Family (RM2) in the PC District regulations of the Otay Ranch Village Two SPA Plan. The proposed multi -family use is permitted and meets all of the development regulations as stipulated in the Otay Ranch Village Two PC District Regulations as conditioned. Attachment 2 PC Resolution DR 17-0026 January 24, 2018 Page 2 The allowable yield on the site is a total of 38 units. The Applicant is proposing to build a total of 36 units. Each six 6 -unit buildings include a two -car garage in addition to guest parking. A total of 81 parking spaces are required. The project proposed 86 spaces. The total building height is 40 -ft, whereas the maximum building height per the Residential Guidelines is 60 -ft maximum. The lot area, floor area ratio, and setback requirements are subject to Design Review (DR). 2. The proposed project is consistent with the design and development standards of the Otay Ranch Village Two SPA Design Plan. The Project is in compliance with the Multi -Family Design Guidelines of the Otay Ranch Village Two SPA Design Plan, and is consistent with the SPA density requirements. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design in accordance with the Otay Ranch Village 2 SPA Plan. BE IT FURTHER resolved that the Plamling Commission, based on the Findings above, hereby approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director, or designee, prior to issuance of Building Permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include Site Plans, Floor Plan, and Elevation Plan on file in the Planning Division, the conditions contained herein, and Title 19 until such time as this obligation is assumed by a successor in interest or Home Owners Association (HOA), if established. 2. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ - 0010. 3. The Applicant shall submit Building Plans specifying colors and materials consistent with the colors and materials shown on the site plan, elevations and materials board approved by the Planning Commission. 4. A graffiti resistant treatment shall be specified on the Building Plans for all wall and building surfaces. Additionally, the Project shall conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding graffiti control. 5. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be shielded from view and the sound buffered from adjacent properties and streets. Such screening shall be architecturally integrated with the building design. 6. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, bemling, and/or landscaping. PC Resolution DR] 7-0026 January 24, 2018 Page 3 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans. Building Division 8. The Applicant shall comply with 2016 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Fire Code (CFC), the 2016 California Energy Code (CEG), and the 2016 California Green Building Standards, as adopted and amended by the State of California and the City of Chula Vista. Land Development Division/Landscape Architecture Division 9. The Applicant shall pay parkland acquisition fees equivalent to 0.262 acres of parkland and parkland development fees for each unit developed in accordance with the deadlines stated in the Parkland Development Ordinance Chapter 17.10 of the CVMC. NOTE: The Applicant is not a party to the Village 2 Parks Agreement executed 10-31-14 between the City of Chula Vista and Baldwin and Sons. 10. The Applicant shall comply with the 2015 update to chapter 20.12 of the CVMC, i.e., the Landscape Water Conservation Ordinance. 11. The Applicant shall comply with all applicable conditions of Planning Commission Resolution No. 16-0006, the project Public Facility Financing Plan (PFFP), Tentative Map No. 11-05, and the City's standard Tentative Map conditions in accordance with Section 500 of the Subdivision Manual. 12. The Applicant shall be required to pay Engineering Fees based on the final approved Building Plans for the Project. • Sewer Comlection and Capacity Fee • Traffic Signal Fee • Public Facilities Development Impact Fees • Eastern Transportation Development Impact Fees • Other Engineering Fees as applicable per Master Fee Schedule 13. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Street Improvement Plans C. Final Map 14. The Applicant shall submit duplicate copies of all commercial, industrial or multifamily projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drain on site. PC Resolution DR 17-0026 January 24, 2018 Page 4 15. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 12.12.130 of the CVMC. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 16. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with CVMC Title 15.04. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre -Development and Post - Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post -Development flows exceed Pre -Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage Study shall also demonstrate that no property damage will occur during the 100 - year storm event. d. Drainage Study shall show any offsite flows. e. All onsite drainage facilities shall be private. £ Any offsite work will require letters of permission from the property owner(s). 17. The Applicant shall provide 2 copies of the following technical reports with the 1" submittal of Grading Plans: • Drainage Study • Storm Water Quality Management Plan(SWQMP) • Geotechiucal Report 18. The Applicant shall obtain Encroachment Permits for temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street rights of way, City easements or City owned open space lots prior to construction of such improvements. 19. An encroachment pen -nit is required to be processed and approved by the City Engineer, or designee, for any private improvements in the public right-of-way. 20. Prior to issuance of a Building Permit, a construction change is required to reflect locations of proposed laterals and connection to utilities shown on approved construction plans. 21. The Project shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post -construction phases of the Project. Prior to Building Permit approval, the Applicant shall provide documentation, to the satisfaction of the City Engineer, or designee, to demonstrate such compliance. PC Resolution DR 17-0026 January 24, 2018 Page 5 22. Site design shall include features to meet National Pollutant Discharge Elimination System (NPDES) Municipal Permit Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. 23. The site ntnoff shall be directed to a bioretention Best Management Practice (BMP) facility. The bioretention BMP shall be designed in accordance with criteria established in the Countywide Model SUSMP and the California Stormwater Quality Association (CASQA) Storm Water Best Management Practices Handbook, BMP # TC -32. Details of the bioretention facility shall be shown on the plan. 24. The Applicant/Owner shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the Project prior to issuance of any Grading or Building Permits, whichever occurs first. 25. The Applicant/Owner will be required to file a Final Map in accordance with Sections 66426 and 66427 of the Subdivision Map Act should the Applicant/Owner propose condominium units for the Project. The Applicant/Owner shall enter into an agreement prior to approval of the Final Map to secure all Public hnprovements required for the development of the Project. 26. The Applicant/Owner/Master Developer will be required to fiind the projects fair share and/or install transit stop facilities within the Tentative Map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Two, Three and a Portion of Four Design Plan and Village Two, Three and a Portion of Four PFFP and as approved by the Directors of Development Services and Public Works, or designees. 27. The Applicant shall submit Improvement Plans in conformance with the City's Subdivision Manual and obtain a Construction Permit. The Improvement Plan shall include but not be limited to: i. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constricted with proper transitions to existing conditions. ii. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. iii. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. iv. Install a Concrete bus pad and a bus shelter on Santa Diana Road. v. Relocation of existing utilities, as determined by the City Engineer. 28. The Applicant shall obtain any and all permits required for the installation of public utilities (gas, electric, water, cable, telephone). 29. The Applicant shall secure the construction and completion of all improvements, including offsite improvements and those surrounding the Project, in accordance with Section 18.16.180 of the CVMC. 30. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. PC Resolution DR 17-0026 January 24, 2013 Page 6 31. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained by the Applicant, until such time as the facilities are transferred to an HOA or other party, from each building unit to the City -maintained public facilities. 32. The Applicant shall design all proposed sidewalks, walkways, pedestrian ramps, and disabled parking to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 33. Prior to Grading or Street Improvement Plan approval, the owner/applicant shall upload copies of the Street Improvement Plan, Grading Plan, and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), SSRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website at http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted files. 34. Prior to Improvement Plan or Building Permit approval, whichever occurs first, the Applicant shall obtain an Encroachment Permit for any private facilities within the public right-of-way or City easement. 35. No building, structure, or surface improvements shall be constructed over the City of San Diego waterline easement or fee title property without written permission from the City of San Diego. Fire Department 36. The Applicant shall apply for and obtain all required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. 11. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. 2. Approval of the Design Review Permit does not waive Owner's/Applicant's obligation to comply with all sections of Title 19 of the CVMC, and all other applicable laws and regulations in effect at the time of Building Permit issuance. Applicant shall be responsible for complying with all such laws and regulations. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission 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 and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non -discretionary, PC Resolution DR17-0026 January 24, 2018 Page 7 in coimection 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 Design Review Permit 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. 4. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date hereof, in accordance with Section 19.14.600 of the CVMC. III. GOVERNMENT CODE SECTION 66020(d)(1) 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 timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul 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 this 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. IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant hereby execute this document signing on the lines provided below, acknowledging that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be returned to the City's Development Services Department. Signature of Property Owner OR Village 2 R -16A Printed Name of Property Owner Signature of Applicant Printed Name of Applicant Date Date PC Resolution DR 17-0026 January 24, 2018 Page 8 V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pen -nit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Kelly Broughton Director of Development Services 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 24th day of January 2018, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Laughlin, Secretary fi D e v e I o p m e in t S e r v i c e s D e p a r t m e n t �..� Planning Division I Development Processing CFn' Or CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g,, owner, applicant, contractor, subcontractor, material supplier). Presidio Cornerstone Aventine 100, LLC Cornerstone Communities Corporation 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. Michael M. Sullivan Vre R. Kretowicz 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. Dan Mullen, Starck Architecture, Agent Patricia Edmondson, Cornerstone Communities, Agent Aaron Parker, SM0, Agent Ure Kretowicz, Cornerstone Communities, Agent Jack Robson,. Cornerstone Communities, Agent 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 If yes, briefly describe the nature of the financial interest the official** may have in this contract. Form App. B Rev 93.19 > 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.5101 �11z X R' �, " 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 CITY OF CHULA VISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 6. Has any person ,identified in 1., Z, 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of mare than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes No if yes which council member? 7. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (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,) YesNo'/ If yes, which official** and what was the nature of the item provided? S. 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 V If yes, which official" and the nature of the item provided? __- Date Signature.o ontractor/Applicant UreR. Rretowiu, Manager 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 Farm App, 8 Rev 03.10 276 Fourth Avenue I Chula Vista California 1 91910 1 (619) 691.5101 P9ai CHULA V I STA PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: 01/24/18 ITEM TITLE: PUBLIC HEARING: TO CONSIDER APPROVAL OF MITIGATED NEGATIVE DECLARATION IS 15-0005 AND ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA, AND APPROVING THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN AND TENTATIVE SUBDIVISION MAP RESOLUTION MPA15-0022 OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE MITIGATED NEGATIVE DECLARATION IS 15-0005/MPA15-0022 AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; APPROVE THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN AND RELATED REZONING ACTIONS; AND APPROVE TENTATIVE SUBDIVISION MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK SUBMITTED BY: Miguel Z. Tapia, Project Manager REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION This public hearing and resolution are for consideration of the proposed Otay River Business Park Specific Plan and Tentative Subdivision Map and the associated Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Otay River Business Park Specific Plan (ORBP SP) and Tentative Subdivision Map (TM) are being prepared for the development of the 53 -acre site previously known as the Nelson Sloan property. Sudberry Development, Inc., owner -in -escrow (Applicant), is proposing to subdivide and redevelop the property with an industrial/commercial business park. A Specific Plan is a tool for the effective planning and development of areas in need of revitalization. State law (Goverimlent Code 65450-65457) establishes the process for adopting specific plans and requires that the Planning Commission hold a public hearing on the proposed actions and provide a written recommendation to the City Council. A Tentative Subdivision Map is a tool used to subdivide properties into five or more lots for the purpose of showing the design of a proposed major subdivision and the existing conditions in and around it. The Tentative Map is normally reviewed and approved in anticipation of the property's development. The ORBP SP and TM have been prepared by the Applicant pursuant to State Law and in compliance with the 2005 General Plan; the documents have been reviewed by City staff and Planning Commission January 24, 2018 Page No. 2 outside agencies and they are now being presented to the Planning Commission and City Council for consideration and approval. This report provides a description and analysis of the property and the ORBP SP and TM and their purpose and intent. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed ORBP SP and TM (collectively, the "Project") for compliance with the California Environmental Quality Act and has conducted Initial Study IS 15-0005 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPAI5-0022 and Mitigation Monitoring and Reporting Program (MMRP). RECOMMENDATION Staff recommends that the Planning Cominission hold the required public hearing and adopt the resolution as presented. BACKGROUND The most recent update to the City of Chula Vista General Plan occurred in 2005. The primary focus of the 2005 General Plan Update was on the currently developed areas of the City, in particular the western portions of the City. Within the Southwest portion of the City, the General Plan designated five "Areas of Change" that would need to go through a more detailed planning process. One of these areas is the Main Street District. The General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses that provide new employment and recreational uses, that is improved with attractive buildings and street frontages, and that provide for the protection of adjacent residential areas and open spaces in the vicinity. The General Plan mandates the preparation of a Specific Plan that will implement its vision for this area. According to the State of California Office of Plarming and Research, a Specific Plan is "a tool for the systematic implementation of the general plan. It effectively establishes a link between implementing policies of the general plan and the individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts, or as detailed as providing direction to every facet of development from the type, location and intensity of uses to the design and capacity of infrastructure; from the resources used to finance public improvements to the design guidelines of a subdivision." Specific Plans must comply with Sections 65450 - 65457 of the California Government Code. Specific Plans must also be consistent with the policies contained within the General Plan and may be adopted by resolution or by ordinance. This differentiation allows cities to choose whether their specific plans, or portions thereof, will be policy driven (adopted by resolution), or regulatory (adopted by ordinance). The Otay River Business Park Specific Plan is adopted by Planning Commission January 24, 2018 Page No. 3 ordinance. All zoning related portions of this Specific Plan (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Specific Plan boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted Specific Plan. The ORBP SP is established pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. DISCUSSION The ORBP SP is a descriptive and normative document containing seven sections, including an introduction, planning consideration and existing conditions, General Plan Vision, Goals, Objectives and Policies, land use and development regulations, design guidelines, infrastructure/public facilities, and plan implementation and administration. The most pertinent sections are discussed below. Site Location and Existing Conditions The subject property is located within the City's Southwest Planning Area along the south side of Main Street at the intersection with Fourth Avenue between Interstate 5 and Interstate 805. The 53 -acre property extends south to the Otay River and west to Broadway (Site). The Project location is shown on Attachment 1 - Locator Map. The Site is within the Main Street District, which functions as a commercial -industrial service corridor, with residential neighborhoods located generally north of the corridor, and the Otay River Valley open space to the south. The Site consists of multiple contiguous parcels of land. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures (which do not exist anymore) associated with the existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. Currently, the Site is vacant and surrounded by fully urbanized properties, particularly along its northern boundary. The Otay River Business Park will provide a new development pattern at this Site with business park uses and complementary amenities for the existing community. Otay Valley Regional Park The Site is located within the Otay Valley Regional Park (OVRP) boundaries. The OVRP was established in the early 1990's between the City of Chula Vista, City of San Diego and County of San Diego. The OVRP area extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area, and encompasses approximately 9,000 acres. The OVRP Concept Plan and Design Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may Planning Commission January 24, 2018 Page No. 4 potentially affect the OVRP. The Concept Plan provides direction and guidelines related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The ORBP SP was prepared in the context of the OVRP and considered and incorporated the Concept Plan guidelines for private development. Current Land Use and Zoning The Site area is currently regulated by the land use and development regulations of the Limited Industrial Zone of the Chula Vista Municipal Code and has a General Land Use designation of Limited Industrial with a floating designator for a future Community Park somewhere in the vicinity of this property. The southern -most area of the Site along the Otay River Floodway is designated as Open Space, which is a designation intended for lands to be protected from urban development. The existing Zoning on this site is Limited Industrial with a Precise Plan Overlay (ILP). The Main Street Corridor between Interstate 5 and Interstate 805 is currently dominated by a mixture of commercial and light industrial uses with several areas, including part of the Site, used for heavy industry. Otay River Business Park Specific Plan The ORBP SP has been prepared in accordance with State Specific Plan requirements, as well as pursuant to the authority granted in Chula Vista Municipal Code Section 19.07, Specific Plans. The ORBP SP contains sections as required that address the following: 1. The distribution, location and extent of the use of land within the area covered by the plan (Refer to Chapter 4). 2. The proposed distribution, location, extent, and intensity of major components of infrastructure (transportation, sewage, water, drainage, solid waste disposal, and other essential facilities) proposed to be located within the area covered by the plan and needed to support the land uses described in the plan (Refer to Chapter 6). 3. The standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. (Refer to Chapters 4 and 5). 4. Implementation measures including regulations, programs, public works projects, and financing measures. (Refer to Chapter 6). 5. A statement of the relationship of the ORBP SP to the General Plan. (Refer to Chapter 3). The ORBP SP details the land use proposal for the Otay River Business Park, and it discusses project character, intensity, circulation, open space, compatibility with surrounding development, and development design guidelines. Specifically, the plan establishes the land use pattern within the Site and establishes a more flexible development pattern by permitting the development of industrial buildings as well as certain commercial uses that are not normally permitted within the Limited Industrial (IL) Zone, particularly along the Main Sheet frontage (see Land Use Matrix — Attachment 2). For example, the ORBP SP allows the development of medical, professional and Planning Commission January 24, 2018 Page No. 5 commercial offices, as well as a variety of retail uses that are currently not pennitted in the IL Zone. The ORBP SP also establishes detailed development standards that regulate future development such as minimum lot size, maximum lot coverage, building height, setbacks, parking standards, access and circulation standards, and others. Chapter 5 of the ORBP SP contains a comprehensive list of design guidelines and standards that address site planning and design elements applicable to the overall Site. Chapter 6 of the ORBP SP provides a comprehensive and detailed description of proposed infrastructure to be built at the time of Project development. Design and development standards have been prepared to assist in creating a business park that provides upgrades and improvements from the prior site uses in a wary that complements the surrounding community. The infrastructure plan establishes the standards and specifications to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. A portion of the ORBP SP property is identified as a potential location for a Riture Community Park by the City of Chula Vista General Plan Public Facilities and Services Element and the OVRP Concept Plan. In order to retain the option to construct a future park in the project area, approximately 13.9 acres are set aside in the ORBP SP. As an industrial/commercial project with no residential uses, the Otay River Business Park project has no obligation to provide park facilities and is not subject to the Growth Management Oversight Commission parks and recreation threshold. With no obligation for the project to provide park facilities, the park site would have to be purchased by the City. The final design of the park, including trail connections to the OVRP, will be determined by the City, after the City has agreed to purchase the park area, in collaboration with the community and shall use the most current OVRP Design Standards and Guidelines. Portions of the Specific Plan property are located within the floodway of the Otay River. Generally, grading and development are not permitted within the floodway, except as allowed pursuant to Chula Vista Municipal Code (CVMC) 19.50.040 and subject to all regulations by the Federal Emergency Management Agency (FEMA) and in accordance with CVMC 19.50 and 14.18, et seq. The ORBP SP designates this area (PA4) as Open Space without permanent strictures. Tentative Subdivision Map A TM was prepared and submitted as part of the preparation and processing of the ORBP SP, and in anticipation of the proposed development of the Site. The TM proposes to consolidate and subdivide the 53 -acre Site into 12 individual lots for industrial/commercial development and one lot for a future City park, as well as one lot for open space. The TM for the Site provides all of the infrastructure services, establishes developable parcels, public improvements and public facilities that will implement the development of the proposed business park. Additionally, the TM will provide for the grading and development of the Site, as shown on the proposed Tentative Map and Mass Grading Plans PCS 16-0007. Pursuant to Government Code Section 66473.5, the Planning Commission must make the findings listed in the TM resolution substantiating that the TM, as conditioned therein, is in conformance with the elements of the City's General Plan. The proposed TM has been reviewed for consistency with the City of Chula Vista Subdivision Manual and staff has included the necessary conditions that must be satisfied prior to issuance of a Final Map. The conditions are described in detail in the draft City Council resolution attached to this report. Planning Commission January 24, 2018 Page No. 6 ANALYSIS Following is an analysis of the proposed ORBP SP and T M and their consistency with State and City of Chula Vista regulations. The main requirement of a specific plan is that it must be consistent with and implement the General Plan. The ORBP SP's key objectives are to provide a business park incorporating industrial, professional office, and commercial uses to create economic opportunities in the area, provide land for future park uses and respect the Otay River floodway and Otay River Valley open space that is part of the adjacent OVRP. The ORBP SP establishes the following goals as a way to implement the General Plan vision (see Chapter 3 for a detailed list of goals, objectives and policies): Create a business park that respects the character of its surroundings, incorporates a quality design for attractive buildings and street frontages, provides locations for local businesses to operate, and is an asset to the City and region. 2. Promote a quality development consistent with the goals and policies of the Chula Vista General Plan and Design Standards for the Main Street District. 3. Provide for comprehensive planning that assures the orderly development of the site in relation to its surroundings. 4. Establish development and design regulations providing for high quality and visibly attractive landscaping and building architecture. 5. Protect environmentally sensitive areas within the specific plan boundaries, and designate usable area for a future community park adjacent to the OVRP that can link to existing OVRP trails. 6. Develop a plan that is economically feasible and able to be implemented based on anticipated economic conditions such that no economic burden to the City of Chula Vista would occur. The ORBP SP is made up of the following Chapters which contain the provisions that are required by State and City Laws: Chapter 1 — Introduction Chapter 2 - Planning Considerations Chapter 3 - General Plan Vision, Goals, Objectives, and Policies Chapter 4 - Land Use & Development Regulations Chapter 5 - Design Guidelines Chapter 6 - Infrastructure and Public Facilities Chapter 7 - Plan Implementation and Administration The seven Chapters of the ORBP SP implement the 2005 General Plan, and provide a comprehensive working document that describes guidelines and standards for implementation of the future Otay River Business Park development. The document provides a detailed description of proposed land use, design guidelines, and infrastructure standards, which have been prepared to assist in creating a business park that provides upgrades and improvements to the Site and the Planning Commission January 24, 2018 Page No. 7 surrounding community. The ORBP SP is being adopted by ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Site. Other portions, such as the development design guidelines provide direction for future plamling and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. Land Use and Development Regulations Chapter 4 of the ORBP SP establishes the appropriate use distribution and mix, intensity, physical form, and fiinctional relationships of land uses within the ORBP SP area. The following areas shown on Exhibit 9 Specific Plan Land Use Map are included as part of the ORBP SP: 1. Planning Area 1 (Limited Commercial/Industrial) — Situated adjacent to Main Street, between Fourth Avenue and 7th Avenue at the north edge of the specific plan area. 2. Planning Area 2 (Transitional -Limited Commercial/Business Park) — Area of property south of the PA -I (Commercial) and north of Faivre Street between Fourth Avenue and 7th Avenue, and lots adjacent to Broadway to the south of Faivre Street. 3. Planning Area 3 (Business Park) — Remainder of developed lots within the specific plan excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of 7th Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. 4. Planning Area 4 (Floodway and Habitat Area) — Located along the southern boundary of the specific plan. 5. Planning Area 5 (Future Park Site) — Situated in the easter portion of the specific plan, from Fourth Avenue south to specific plan boundary. The ORBP SP's land use and development regulations are intended to encourage and facilitate development of an industrial/commercial business park that will provide for both commercial and light industrial development areas. Planned land uses may consist of a variety of industrial, office, service, retail, and food services that would provide employment opportunities for residents with a range of skills and education. The proposed lots fronting on Main Street and Fourth Avenue are zoned and sized for development of a balanced mix of commercial uses along with industrial businesses, while the lots generally south of the new Faivre Street are intended to accommodate larger businesses and employment centers, providing opportunities for a wider variety of employment opportunities. The construction of new industrial and business park uses, with street and infrastructure improvements, will help to revitalize the Main Street corridor. The Site is within the OVRP boundary. To avoid possible flooding to the developed areas, the grading design shown on the TM included with the ORBP SP would elevate the building pad outside of and above the Otay River floodway, and creates a slope buffer between the building pads and the floodway planted with native species. The ORBP SP also limits uses in Planning Area 4 along the southern boundary of the specific plan to open space uses allowed in the CVMC for floodways. The OVRP Design Standards and Guidelines are referenced within the Planning Commission January 24, 2018 Page No. 8 ORBP SP to guide certain architectural and site plan development within the ORBP SP area, including the future park area The proposed land uses and development regulations identified in the ORBP SP would replace the provisions of CVMC Chapter 19.44. Where the CVMC conflicts with the development standards or other provisions of the ORBP SP, the ORBP SP would apply; where the ORBP SP is silent, the CVMC would apply. The definitions found in CVMC Chapter 19.04 would apply to the ORBP SP, except where specific definitions are provided in the ORBP SP. Design Guidelines Chapter 5 of the ORBP SP contains design guidelines for future development within the specific plan area. The ORBP SP design guidelines would apply to both new development and the rehabilitation of older structures, and would encourage an area that is economically stronger, more recognizable, and rich in sense of place and identity. Specific design guidelines are established for Site Design (circulation, site access, parking and loading), architectural design (architectural character, building massing and scale, and exterior materials and finishes), Landscape Design (frontage improvements and entries, Otay River Valley interface, walls and fences, and signage), and Sustainable Design Strategies (Cal Green compliance, water conservation, use of renewable energy, alternative forms of mobility, etc). As fiiture development projects within the Site are submitted to the City for permitting, projects will be subject to the standard design and architectural review process. In addition to the specific design guidelines provided in the ORBP SP, future development within the Site would be subject to the design guidelines identified in the City of Chula Vista Design Manual. Developers, designers, architects and engineers would refer to the ORBP SP's and the City's Design Manual Guidelines for general design guidance and preparation of plans. Plans must be consistent with those design guidelines in order to be approved by the City. Infrastructure and Public Facilities Chapter 6 of the ORBP SP describes the infrastructure and public facilities applicable to future development within the Otay River Business Park, including circulation and access, water facilities, sewer facilities, stormwater and drainage facilities, solid waste disposal, law enforcement and emergency services, schools, parks and recreation facilities, electrical facilities, and other public improvements such as streets, sidewalks, and street furnishings. The ORBP SP contains the provisions for the implementation and sequencing of the infrastructure and public facilities, commensurate with the level and sequence of Site development. The ORBP SP also contains the necessary financing strategies and tools for financing the required and necessary infrastructure improvements, including developer and project private financing mechanisms and payment of Public Facilities Development Impact Fees (PFDIF). Chapter 6 of the ORBP SP is intended to function as an equivalent to a Public Facilities Financing Plan (PFFP) for the future development of the Otay River Business Park. A PFFP is not warranted given that the Project does not have complex phasing, is an infill site, and does not create nor require significant off-site improvements whose funding and timing is in question in relation to the Project's development sequence. Most of the improvements will be on-site to service the development, with off-site requirements being met via the payment of Development Impact Fees (DIFs), etc. Any on- and off-site requirements/timing are addressed via conditions Planning Commission January 24, 2018 Page No. 9 of approval. The infrastructure and service needs, as well as funding are covered in Chapter 6 of the ORBP SP. In terns of the fiscal impacts of the proposed Project, it has been determined that the impacts will be all positive based on the fact that the Site is currently vacant and underutilized and it currently does not generate any fiscal benefits. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructural improvements in and around the Site and it will generate jobs, increased property tax and sales tax revenues. The ORBP SP is intended to implement the ILP zoning that has been on the site since the late 1980's. The land use modifications via the ORBP SP are intended to introduce limited retail uses on the Main Street frontage, which will serve to activate the street. The introduction of a limited amount of retail is seen as a fiscal improvement, and in and of itself, not enough to trigger a Fiscal Impact Analysis (FIA). Based on this, City staff has determined that the Project will have a positive fiscal impact, and a separate Fiscal Impact Analysis is not required. Plan Implementation and Administration Chapter 7 of the ORBP SP describes the implementation and administration strategies of the plan, including guidelines for specific plan administration, previously conforming uses, exemptions, site-specific variances, development exceptions, specific plan amendments, and specific plan review. All developments within the ORBP SP and Site that are not otherwise exempt would require submittal and approval of a Design Review Permit. Development projects would be required to comply with the land use and development regulations and the design guidelines identified in the ORBP SP. Any proposed development projects would also be required to adhere to the existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions. The ORBP SP provides that future changes should be made to the plan as the changing landscape of the Main Street District may impact the effectiveness of the implementing actions. Thus the ORBP SP authorizes the Development Services Director or his/her designee as responsible for making the determination of whether an amendment to the ORBP SP text or maps is needed based on specific criteria and procedures for said amendments. The Development Services Director shall consider and present the proposed amendment(s) to the Planning Commission and City Council for consideration and approval. Consideration of any proposed amendment to the ORBP SP shall require that the following findings be made: 1. Changes have occurred in the community since the approval of the original specific plan which warrants approving the proposed amendment; 2. The proposed amendment is consistent with the General Plan for the City of Chula Vista; 3. The proposed amendment will result in a benefit to the area within the specific plan; 4. The proposed amendment will not result in significant unmitigated impacts to adjacent properties; and Planning Commission January 24, 2014 Page No. 10 6. The proposed amendment will enable the delivery of services and public facilities to the population within the specific plan area. Consistency with the General Plan The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Main Street District and the objectives and policies to implement the vision. The Main Street District is identified as one of five "Areas of Change," which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. As indicated at the beginning of this report, the General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses, which provide new employment and recreational opportunities, that is improved with attractive buildings and street frontages, and that provides for the protection of adjacent residential areas and open spaces in the vicinity. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary source for policies, guidelines, and regulations that implement the community's vision for the Site and the Main Street District. The ORBP SP is consistent with the General Plan because it envisions and contains all the necessary elements to implement the development of a high quality industrial business park that will enhance the opportunities for contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the Project. The implementation of the ORBP SP will bring new investment, plant and equipment, and infrastructure which will improve and enhance the Site and the Main Street Corridor. It will generate employment and tax revenue for the benefit of the community and the City. The ORBP SP, as proposed, is the tool for the implementation of the General Plan, and thus it is also consistent with State Law. Environmental Review As indicated previously, the Development Services Director has reviewed the proposed ORBP SP and TM for compliance with CEQA and has conducted Initial Study IS 15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant impacts would occur; therefore, the Development Services Director has caused the preparation of a MND IS 15- 0005/MPA15-0022 and MMRP. The MND contains an environmental analysis of the potential impacts associated with implementing the proposed ORBP SP. The analysis conducted determined that, although the proposed Project could have significant environmental impacts, there would not be any significant impacts in this case because several mitigation measures described in Section F of the MND, were added to the Project. Therefore, the preparation of an Environmental Impact Report was not required. The MND has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The areas identified by the analysis as potentially having significant environmental impacts were the following: Planning Commission January 24, 2018 Page No. 11 Biological Resources; Hazards/Hazardous Materials; Noise; and Transportation/Traffic. The MND provides a summary of the environmental impacts that could result from implementation of the proposed ORBP SP and identifies feasible mitigation measures that could reduce or avoid environmental impacts. These mitigation measures are listed in the MND and in the MMRP. Implementation of these mitigation measures will avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur. Implementation of these measures has been included as conditions of approval in the TM Resolution of the City Council. Comments on the Draft MND The public review period for the MND was from November 3, 2017 to December 4, 2017. Letters of comment were received on the Draft MND from the following agencies and individuals: California State Clearing House and Planning Unit California Department of Transportation California Department of Fish and Wildlife Native American Heritage Commission City of San Diego Park and Recreation Department San Diego County, Parks and Recreation Department The letters and responses are included in the Final MND and a table with the comments and responses is attached to this report as Attachment 3. All comments received concerning the MND have been fidly addressed within the Final MND. CONCLUSION The preparation of the proposed ORBP SP represents an effort by the Applicant to implement the vision and objectives of the General Plan for the Site. The ORBP SP is intended to serve as an effective tool for the planning and revitalization of the Main Street District. The purpose of the ORBP SP is the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support fiiture development of the Project. The ORBP SP proposes industrial and commercial lots served by new street comlections to the existing street system. The ORBP SP incorporates an area for a future Community Park, as designated by the 2005 General Plan, and is situated adjacent to and above the Otay River Valley. The finished ORBP SP document represents the efforts of the Applicant and the City to improve private property and enhance and benefit adjacent neighborhoods. As proposed, the ORBP SP is consistent with and represents an effective tool for the implementation of the vision and objectives of the General Plan. Therefore, staff recommends that the Planning Commission approve the resolution recommending that City Planning Commission January 24, 2018 Page No. 12 Council approve the MND and MMRP, approve the TM Resolution and adopt the Ordinance adopting the ORBP SP and related rezoning actions. DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. Consequently, this item does not present a disqualifying real property -related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100, et seq.). Staff is not independently aware, and has not been informed by any Plamling Commission member, of any other fact that may constitute a basis for a decision -maker conflict of interest in this matter. FISCAL IMPACT There is no current year or ongoing fiscal impact resulting from the processing of the actions contemplated in this report. Staff costs for processing the ORBP SP and TM are being covered by the Applicant. The implementation of the proposed Project will have significant positive benefits for the community and the City. Currently the Site is vacant and underutilized and it currently does not generate any fiscal benefits. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructural improvements in and around the Site. The proposed industrial business park and the introduction of a limited amount of retail will generate jobs, increased property tax and sales tax revenues. Based on this, it has been determined that the Project will have very positive fiscal impacts in the near and long term. Attachments 1. Location Map 2. Land Use Matrix and Map with proposed Planning Areas 3. List of Comments/Responses on the MND 4. Draft City Council Resolution 5. Draft Ordinance 6. MND/MMRP 7. ORBP Specific Plan 8. Tentative Map CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT Otay River Business Park PROJECT DESCRIPTION: APPLICANT: Specific Plan MAJOR PLANNING APPLICATION PROJECT SWC of Main St & Fourth Av I Project Summary: Proposal for mass grading plan. Associated infrastructure (new ADDRESS: roads, utilities, and improvements) are included, but structures are not proposed at this time. SCALE: FILE NUMBER: NORTH No Scale MPA15-0022 Related cases: IS -15-0005 j:\planning\public nobces\dr\mpa150022 8x10.aI ATTACHMENT 2 Land Use Matrix Cray River Business Park Specific Plan Land Use Matrix Planning Areas . P-. =.Permitted PA -1 PA -2 PA -3 PA -4 CUP =.Permitted with CUP - - = Prohibited Commercial Transitional Business Floodway and Habitat PA -5 Future Park Area Park Area 1'llll III 'll��!y..■t!:i it ljl,l' t II 4,+ ' I:':; 11141 ;� .II 'I III' IIII? III III i I y. lF� I: :. ,Ili III ..'!Illi' I�.i All forms of residential use, --- --_ ___ ___ ,iIL 11 II 1111 II'O, .:yi+� , I II 'I. 4I y, 3F : • Ili III III 111 . III II IJ _. L' I I ,.:'IIplll 611'l�rl r'�'� I,, ,I:- I 51r III III 11 III ISI III III :1 rIl 11 it II i �I III I 1111° II L. Ill. .� I'll 1, ;I 1 Group Assembly - - ___ ___ --_ Out-patient surgery centers, subject to the provisions of CVMC 19,54 and CUP CUP CUP --- 19.58. I IIN II !:: I ( 1 �':•: II�+7111�+�;f�1 �I ..:il'I l'III U�ti� ... .:I. WOW IIII IIII li I'1: IIII VIII III I; 'I II IL 1� .I:I I. Manufacture, research, assembly, repair, processing, and packaging of --- --- --_ --- roducts from raw materials, Manufacture, assembly, repair, and packaging of products from construction materials such as stone, P p p clay, glass, lumber, wood, or other similar materials. Beer brewing or wineries requiring a Type 23 Alcoholic Beverage Control P p p --_ --- license. Distilling of liquors requiring a Type 23 Alcoholic Beverage Control CUP CUP CUP --- --- license, Graphics and art equipment, includin si na e. P P P - Other accessory uses associated with permitted general industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve P p p ___ --- employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. Other General Industry uses determined by the Zoning Administrator to be of the same CUP P p -__ --- general character as the above permitted uses. 4tay River Business Park Specific Plan Land Use Matrix Planning Areas P .=Permitted PA -4 Cu = Permitted with CUP PA -1 PA -2 PA -3 Floodway PA -5 ..# --- Prohibited Commercial Transitional Business and Habitat Future Park Area Park Area Ij Ury P{:L IR1��1 III S"'l�(Il IHI�41tl .. .:.:• , (SII I Manufacture, research, assembly, repair, processing, and packaging of products from previously prepared P P P --_ -"- materials. Manufacture, processing, and packaging of food products, P P P --- --- harmaceuticals, or similar: Research, testing, processing, packaging, and associated light manufacturing of biochemical and chemical materials, electronics, pharmaceuticals, medical P P P "-- --- equipment, medical and dental labs, and compatible products and materials, Businesses engaged in the storage, — warehousing, distribution, or wholesale sales of products similar P p p _-- --- to permitted Light Industry and Research products. Businesses engaged in the rental of self -storage units. Other accessory uses associated with permitted light industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve P. P P --- --- employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use: Other light industry and research uses determined by the Zoning Administrator to be of the same CUP CUP CUP --- general character as the above permitted uses, I i Medical, optical and dental laboratories, not including related products for general sale or P P P distribution except as an accessory use. Otay River Business Park Specific Plan Land Use Matrix Planning Areas Permitted PA -1 PA -2 PA -3 PA 4 Floodway PA 5 CUP = Permitted with .CUP Prohibited Commercial Transitional Business and Habitat Future Park Area Park Area Medical, optical, and dental offices and clinics," P P - Veterinarian offices or animal hospitals, subject to the provisions P p P of CVMC 19,58.050. Veterinarian offices or animal hospitals with outdoor facilities for large animals, subject to the CUP CUP CUP provisions of CVMC 19,58,050. Administrative, business or professional offices. P P P --' -- Financial offices such as banks and similar, real estate services, and P P --- - __- other financial services. Blueprinting, copy services, photographic services, printing, P P P publishing, Specialized studios for arts and crafts, photography, music, dance, art galleries, and similar, in P p accordance with the provisions of CVMC 19.58,220, Personal care services, such as barbershop and beauty salons and P ___ ___ __- --- similar, Automobile service stations, subject to the provisions of CVMC 19.58.280, and car washes subject to CUP CUP CUP - - _ the provisions of CVMC 19.58,060, Automobile minor maintenance and repair. CUP P Automobile major repair centers, --- CUP p Health or athletic clubs, sports and health classes and clinics, and other P P ___ -_- -_- businesses of the same character, Commercial recreation facilities such as bowling alleys and skating rinks, --- --- ___ --- __sub'ectto subject toCVMC 19.58.040. Commercial recreation facilities, outdoor, -- _-- --- Social or fraternal organizations subject to the provisions of CVMC --- - - ___ -_- 19, 58.100. 4tay River Business Park Specific Plan Land Use Matrix Mrining Areas Permltte. PA -1 PA -2 PA 3 PA -4 Floodway PA -5 CUP=:Permitted with CUP --- = Prohibited Commercial Transitional Business and Habitat Future Park Area Park Area Hotels, motels, and similar uses. Other service and office uses determined by the Zoning Administrator to be of the same CUP CUP CUP --- --- general character as the above permitted uses. till �IIIiIII I,I' II VIII ..P II III. I, IIS+{rOrt III II. t ,.,. i. l �:,:: I� {I III Retail commercial businesses, p Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying P --- --- --- --- equipment, and dry-cleaners. Building material retail sales and equipment rental, P P P Plant nurseries and the sale of related items. P P P -- `-- Other commercial uses determined by the Zoning Administrator to be of the same general character as the CUP CUP CUP --- above permitted uses. F40d III ' 11 11111 R'r W� 7+ Grocery, general or specialty (such as bakery products, produce, meat, bread), with or without associated P delicatessen. Restaurants, delicatessens, coffee shops, and similar uses with P P --_ -__ __- associated seating. Fast food or similar uses with drive- through lanes. Limited to 3 drive- through establishments within the CUP --- Specific Plan. Drive-in restaurants where food is ordered from and consumed in the CUP - - -- --- --- parked car on the premises. Tasting Room, only as an accessory use to on-site brewery or distillery, P p P or social or fraternal or anization, Liquor store (package, off -sale only), in accordance with the procedures CUP --- --- ___ -_- of CVMC 19.58340. Otay River Business Park Specific Plan Land Use Matrix Planning Areas P = Permitted PA 1 PA -2 pA_� PA -4 SUP=Permittedifh CUP . .w --- Prohibited Commercial Transitional Transitional Business i loodway and Habitat PA -5 Future Park Area Park Area Bars, tasting rooms not associated with on-site brewery or distillery, CUP CUP and cocktail lounges, Restaurants with dance floors or areas designated for live P CUP entertainment, and night clubs. Other food service uses determined by the Zoning Administrator to be of the same general character as the CUP CUP --- `"- --- above permitted uses. ilCill �i+IIIGI�II IIIII III,II�II I ` '� I IIIII Ili �. .l I I.I:' �11111i1 Ivi..o I :"; '� �'. I � I11II I,I Ip, III VIII � II IIIII III III �IIIi, IIIA Ills 11 :I I I .i ,I ,. .'li r �� III Open Space without permanent structures, subject to the provisions of CVMC 19.50 Flood Zone -- -- -"- P P Regulations, Public park with related structures such as restrooms, play areas, athletic fields, courts and similar recreational uses with associated -'- -`- P seating, parking, lighting, and landsca in . 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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING APPROVED MITIGATED NEGATIVE DECLARATION IS 15-0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK I. Recitals. A. Specific Plan Boundaries WHEREAS, the area of land which is the subject of this Ordinance is shown on Exhibit "A," attached hereto and incorporated into this Ordinance by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street District which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 8, 2415 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for Specific Plan. MPA15-0022 that would allow the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for Tentative Map (TM) PCS16-0007 to subdivide the 53 -acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the "Project"); and B. Preparation of the Specific Plan WHEREAS, on December 13, 2005 an update to the City's General Plan was approved which provides a contemporary vision for the Main Street District as one of five "Areas of Change" within Southwest Chula Vista. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses; and Attachment -5- WHEREAS, the Land Use and Transportation Element of the General Plan calls for the adoption of a specific plan or other zoning regulations to implement the land uses to provide for and enhance a strong business district along Main Street that can be balanced between meeting the community's economic needs and establishing a strong open space connection with the nearby neighborhoods; and WHEREAS, City staff and the Applicant determined that, given the characteristics and conditions of the Site, its current zoning limitations and the characteristics and requirements of the proposed Project, the best tool to implement the General Plan vision and goals would be the preparation and adoption of a specific plan for the Site; and WHEREAS, the ORBP SP will serve as the tool to direct and guide the development of the Main Street District toward the General Plan visions and goals by directly regulating land uses and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City's General Plan is established in Chula Vista Municipal Code (CVMC) Chapter 19.06 and California Government Code 65860; and WHEREAS, the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters 4, 5 and 6 of the ORBP SP contain the Land Use and Development Regulations, Design Guidelines, and Infrastructure and Public Facilities, respectively, and provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and C. Preparation of Environmental Document WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted Initial Study IS 15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant enviromnental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30 -day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the Draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and 15088, all comments received were responded to in writing; and D. Planning Commission Record WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed ORBP SP and Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP; and WHEREAS, at said public hearing the Plaluiing Commission recommended through a vote of that the City Council approve the MND and adopt the associated MMRP, and adopt ORBP SP; and E. City Council Record WHEREAS, the Development Services Director set the time and place for a hearing of the City Council of the City of Chula Vista on the proposed ORBP SP and Draft MND and associated MMRP and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the Draft ORBP SP and MND and associated MMRP. NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: F. Environmental Determination That the City Council of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, hereby considered previously approved Final MND (15-0005) and the accompanying MMRP. BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: 1. That the ORBP SP is in conformance with the City's 2005 General Plan based on the following: The proposed ORBP SP is in conformance with and implements the 2005 General Plan. The ORBP SP is based on the vision and objectives of the General Plan for the Main Street Corridor. The General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Maim Street Corridor and objectives and policies to implement the vision. The Main Street Corridor is identified as one of five "Areas of Change," which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary source for policies, guidelines, and regulations that implement the community's vision for the Otay River Business Park. Based on the above the City Council does hereby find that the proposed ORBP SP is consistent with the 2005 General Plan and that the public necessity conveniences general welfare and good plamiing and zoning practice support its approval and implementation. 2. That the ORBP SP has been prepared in accordance with the CVMC and the California Government Code provision governing specific plans based on the following findings of fact. Chula Vista Municipal Code Chapter 19.07 (Specific Plans) and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, specific plans may be implemented through the adoption of standard zoning ordinances and the planned community zone as provided in this title or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. The ORBP SP is being adopted by this Ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the ORBP SP boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. The ORBP SP has been prepared as an implementing document for future land uses, public improvements and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the ORBP SP (see Exhibit "B" of this Ordinance) would replace existing CVMC zoning classifications for the Site and introduce a variety of commercial uses which would be permitted along Main Street consistent with the 2005 General Plan. The City Council does hereby find that the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07 Specific Plans and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. 3. That the associated demands on public facilities and services due to development allowed by the ORBP SP are identified prior to development and will be mitigated prior to or concurrent with the development and in confornnance with the City s Growth Management Ordinance CVMC 19.09, as applicable. 4. That a financing program has been prepared which identifies the methods for funding for those facilities and services and insures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact. The General Plan was updated in December 2005 and created a new vision for the City. A large part of that vision focused on the revitalization and redevelopment of western Chula Vista. New growth is planned around smart growth principles such as industrial/commercial business parks that concentrate infill and redevelopment to select focus areas and corridors to protect stable single family neighborhoods, better utilize land resources, reduce environmental impacts and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the General Plan in an organized and orderly fashion. The ORBP SP implements the policies and objectives of the General Plan to direct a portion of the industrial growth expected to occur in the City over the next few years to the Main Street Corridor by providing zone changes, development regulations and design guidelines to accommodate future growth. The ORBP SP includes an assessment of the proposed distribution location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the ORBP SP and the TM for the Site includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan. Specifically, Chapters 4, 5, and 6 of the ORBP SP and the MND, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the ORBP SP, TM and MND, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact The City Council having reviewed and considered the information in the Public Hearing Draft ORBP SP, TM PCS16-0007, MND IS15-0005/MPA15-0022 and associated MMRP, and all reports evidence and testimony presented at the Public Hearing hereby finds and determines that ORBP SP Chapters 4, 5, and 6, TM PCS 15-0007, MND IS 15- 0005/MPA15-0022, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development and is in conformance with the City's Growth Management Ordinance (CVMC 19.09). BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby order as follows: The City Council does hereby approve the ORBP SP and amend the City of Chula Vista Zoning Map established by Section 19.18 .010 of the CVMC to rezone properties within the ORBP SP as depicted in Exhibit `B." (Areas outside of the boundaries of Exhibit "B" would not be rezoned as part of this action.) 11. Severability The City Council declares that should any provision section paragraph sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation the remaining provisions sections paragraphs sentences or words of this Ordinance shall remain in full force and effect. III. Effective Date This ordinance shall take effect and be in fiill force on the thirtieth day from and after its second reading. Presented by: Kelly Broughton, Director of Development Services Exhibits to this Resolution: Exhibit "A" — Location Map Exhibit `B" — Planning Area Map Approved as to form by: Glen R. Googins City Attorney IIF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT Otay River Business Park APPLICANT: PROJECT DESCRIPTION: Specific Plan MAJOR PLANNING APPLICATION PROJECT SWC of Main St & Fourth Av ADDRESS: Project Summary: Proposal for mass grading plan. Associated infrastructure (new roads, utilities, and improvements) are included, but structures are not proposed at SCALE: FILE NUMBER: this time. NORTH NO Scale MPA15-0022 Related cases: IS-15-0005 .� �� ■ �� • —� � �� �r�y o � � �� � rr � �^ v �� u � �� � � �, ,� � ��� � '�� � � •( •• -� f • .� _I PROVIDED DIGITALLY Attachment 6: MND/MMRP Attachment 7: ORBP Specifc Plan Attachment 8: Tentative Maps RESOLUTION MPA15-0022/PCS16-0007 RESOLUTION MPA15-0022/PCS16-0007 OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022 AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; APPROVE THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN MPA15-0022 AND RELATED REZONING ACTIONS; AND APPROVE TENTATIVE SUBDIVISION MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK WHEREAS, the area of land which is the subject of this Resolution is shown on Exhibit "A," attached hereto and incorporated into this Resolution by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street Corridor which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 13, 2005 an update to the City's General Plan was approved which provides a contemporary vision for the Main Street District as one of five "Areas of Change" within Southwest Chula Vista. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses; and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for Specific Plan MPA15-0022 which would allow for the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are currently not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for a Tentative Subdivision Map (TM) to subdivide the 53 -acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the "Project"); and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the adoption of a specific plan or other zoning regulations to implement the land uses to provide for and enhance a strong business district along Main Street that can be balanced between meeting Resolution No. PCM 15-0022/PCS 16-OOXX January 24, 2018 Page 2 the community's economic needs and establishing a strong open space com7ection with the nearby neighborhoods; and WHEREAS, City staff and the Applicant determined that, given the characteristics and conditions of the Site, its current zoning limitations and the characteristics and requirements of the proposed Project, the best tool to implement the General Plan vision and goals would be the preparation and adoption of a specific plan for the Site; and WHEREAS, the ORBP SP will serve as the tool to direct and guide the development of the Main Street District toward the General Plan visions and goals by directly regulating land uses and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City's General Plan is established in Chula Vista Municipal Code (CVMC) Chapter 19.06 and California Government Code 65860; and WHEREAS, the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters 4, 5 and 6 of the ORBP SP contain the Land Use and Development Regulations, Design Guidelines, and Infrastructure and Public Facilities, respectively, and provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted Initial Study IS 15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS 15- 0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and Resolution No. PCM 15-0022/PCS 16-OOXX January 24, 2018 Page 3 WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30 -day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the Draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and 15088, all comments received were responded to in writing; and WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed ORBP SP, Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Cominission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, recommends that the City Council approve Final MND (15-0005) and to the extent that Final MND (15-0005) concludes that the proposed mitigation measures outlined in the MND are feasible and have not been modified, superseded or withdrawn, that the City Council hereby bind the City of Chula Vista to cause the implementation of said mitigation measures and that the adopted mitigation measures contained within the MMRP, a copy of which is on file in the office of the City Clerk, be expressed as conditions of Project approval. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein recommends that the City Council find and resolve that the ORBP SP has been prepared pursuant to Chula Vista Municipal Code Chapter 19.07 and Government Code Sections 65450-65457. BE IT FURTHER RESOLVED that the Planning Cominission of the City of Chula Vista, having reviewed and considered the information in the Public Hearing recommends that the City Council find and resolve that pursuant to Government Code Sections 65854 - 65855 the ORBP SP is consistent with the 2005 General Plan as supported by the Public Hearing Draft ORBP SP Resolution No. PCM 15-0022/PCS 16-OOXX January 24, 2018 Page 4 (MPA15-0022) and analysis including attachments to the staff report to the Planning Commission. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft ORBP SP (MPA15- 0022), Draft and Final MND (IS 15-0005), and all reports, evidence and testimony presented at the Public Hearing recommends that the City Council find and determine that the ORBP SP meets Chula Vista Municipal Code Chapter 19.80, as the ORBP SP requires subsequent new development to provide adequate public services and facilities commensurate with their impact. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council adopt an ordinance amending the zoning map and approving the ORBP SP (MPA15-0022)including the zoning regulations contained in the ORBP SP (MPA15-0022), specifically Chapter 4, which will thereby replace the existing Municipal Code zoning classifications for the properties within the Specific Plan Area (Exhibit "B" of this resolution) and will introduce new zoning classifications for the Otay River Business Park which provide consistency between the 2005 General Plan and zoning as required by CVMC 19.06.030. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council approve TM (PC S16-0007) subject to the Findings contained in City Council Resolution and subject to the Conditions of Approval incorporated therein and on file in the Office of the City Clerk. Exhibit A — Locator Map Presented by: Kelly Broughton, FLSA Director of Development Services Approved as to form by: Glen R. Googins City Attorney Signature page continues on next page Resolution No. PCM 15-0022/PCS I 6-OOXX January 24, 2018 Page 5 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of January, 2018 by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Laughlin Board Secretary 1T{� �� ��' iY� � 5,��� � �`� Ik°l '" ,� e �.�_,; -.,, ,- ,.. � qtr �C"m� ((yy � ryry,,�U � �' �� t�S l' . y� ^�{k d� aVPV ��" � ��n�,� 6 4ks. W � r�F��g _,t .,� �. �®a.