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HomeMy WebLinkAbout2018-03-28 PC Agenda CIT!OF CHUB VISTA Planning Commission REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION March 28, 2018 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER 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: Date: March 14, 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 March 28, 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 FEIR 17-0001; MPA17-0006; PCM 15-07, PCS 15-03, Consideration of Final Environmental Impact Report 17-0001, amendments to the Otay Ranch General Development Plan, a new Portion of the Village 4 Sectional Planning Area Plan, a new Tentative Map for Chula Vista Tract 15-03, and the Planned Community District Regulations for a portion of Otay Ranch Village 4. Resolution No. FEIR 17-0001: Recommending that the City Council make Certain Findings of Fact; Adopt a Statement of Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and Certify the Final Environmental Impact Report (FEIR17-0001/SCH 2016041080) for amendments to the Otay Ranch General Development Plan, adopt a new Portion of Village Four Sectional Planning Area Plan, and associated Tentative Map pursuant to the California Environmental Quality Act. Resolution No MPA17-0006; PCM 15-07, PCS 15-03; Recommending that the City Council 1) Approve amendments to the Otay Ranch General Development Plan; 2) Approve a new Portion of the Village Four Sectional Planning Area Plan and Tentative Map; and 4) approve an Ordinance associated with the Planned Community District Regulations. Staff Recommendation: That the Planning Commission adopt Resolution PCM15-07; PCS15-03; EIR17-0001, recommending that the Chula Vista City Council (Council) approve: 1) A Resolution considering the FEIR 17-0001 and amending the Otay Ranch General Development Plan; and 2) A Resolution approving a new Portion of Village 4 Sectional Planning Area (SPA) Plan; and 3) A Resolution approving the Portion of Village 4 Tentative Map; and Planning Commission Agenda March 28, 2018 Page-2- 4) An Ordinance approving the Planned Community District Regulations in the Portion of Village 4 Sectional Planning Area (SPA) Plan OTHER BUSINESS 3. DIRECTOR'S REPORT: 4. COMMISSION COMMENTS: ADJOURNMENT to the next Regular Planning Commission Meeting on April 11, 2018, at 6:00 p.m., in the Council Chambers. 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 March 14, 2018 �V f4l, t-ftffij CITY CHUB Planning Commission 'Vin a fes REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION March 14, 2018 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER COMMISSIONERS PRESENT: Anaya, Burroughs, Calvo, Gutierrez, Milburn, Zaker COMMISSIONERS ABSENT: Nava MOTIONS TO EXCUSE: Nava MSC: Zaker, Calvo Motion Passed: 6-0-0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES: Date: February 28, 2018 MSC: Calvo/Burroughs Motion Passed: 5-0-1 (Anaya abstained) 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. Joseph Raso, businessman and Chula Vista resident presented a proposal for new parking requirements for the City of Chula Vista to consider. It included information on several cities that have done away with "parking minimums" for downtown areas. Planning Commission Minutes March 14,2018 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 DR17-0019; Design Review consideration of five (5) detached, three-story buildings totaling 50,362 square-feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acre located at 260-270 Broadway. Applicant: Silvergate Ray Broadway Investors, LLC. Project Manager: Caroline Young, Associate Planner Resolution of the City of Chula Vista Planning Commission approving a Design Review Permit, DR17-0019 to construct five (5) detached, three-story buildings totaling 50,362 square- feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acre located at 260-270 Broadway. Staff Recommendation: That the Planning Commission adopt Resolution DR17-0019 approving the project, based on the findings and subject to the conditions contained therein. Caroline Young, Associate Planner gave a slide presentation that included • A location map • Close tenants (mobilehome park, vacant log) • Proposed map of apartment site to include parking • Floor plans • Elevations from north and south. Caroline stated that the applicant was requesting a deviation from the normal set-back to allow for the making of a public plaza. After the presentation it was requested that the Planning Commission approve the resolution adopting the plan. QUESTIONS FROM STAFF—Questions from Commissioners included these items: • The wood trim/slats on the building • Parking for buildings I & 2 (location). Do all have carports? • Public Plaza space maintenance—whose responsibility? Ian Gil, applicant, spoke about the project and said his team was there to answer any questions that the Commission may have. Questions continued: • Currently they are for rent—is there an option to turn to for sale? • Expected range of rental cost? Planning Commission Minutes March 14, 2018 Page-3- PUBLIC HEARING OPENED Architect Brown spoke and thanked staff for all the hard work they have done. No other speakers PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS—included questions on: • An abundance of 1-bedroom units; why not more two? • Is applicant handling the management of the units • Is the wood trim natural wood or composite? Maintenance of wood. • The parking gate/door—what is it made of? • Is the 2nd floor flush with the right of way? • Parking spaces open—no secured parking? (Pedestrian gates secure) Commissioners Gutierrez, Anaya and Zaker spoke in support of the project. MSC: Anaya/Zaker Vote: 6-0-0 (Nava absent) OTHER BUSINESS 3. DIRECTOR'S REPORT: There was none 4. COMMISSION COMMENTS: There were none ADJOURNMENT at 6:39 p.m. to the next Regular Planning Commission Meeting on March 28, 2018 at 6:00 p.m., in the Council Chambers. CHULA VISTA PANNING COMMISSION )hi AGENDA STATEMENT TV Item: 2 Meeting Date: 3/28/18 ITEM TITLE: Public Hearing: FEIR 17-0001; MPA17-0006; PCM 15-07, PCS 15-03, Consideration of Final Environmental Impact Report 17-0001, amendments to the Otay Ranch General Development Plan, a new Portion of the Village 4 Sectional.Planning Area Plan, a new Tentative Map for Chula Vista Tract 15-03,and the Planned Community District Regulations for a portion of Otay Ranch Village 4. Resolution No. FEIR 17-0001: Recommending that the City Council make Certain Findings of Fact; Adopt a Statement of Overriding Considerations; Adopt a Mitigation Monitoring and Reporting Program and Certify the Final Environmental Impact Report (FEIR17-0001/SCH 2016041080) for amendments to the Otay Ranch General Development Plan, adopt a new Portion of Village Four Sectional Planning Area Plan, and associated Tentative Map pursuant to the California Environmental Quality Act. Resolution No MPA17-0006; PCM 15-07,4PCS 15-03; Recommending that the City Council 1) Approve amendments to the Otay Ranch General Development Plan ; 2) Approve a new Portion of the Village Four Sectional Planning Area Plan and Tentative Map; and 4) approve an Ordinance associated with the Planned Community District Regulations. APPLICANT: Otay Valley Quarry, LLC SUBMITTED BY: Jeff Steichen—Associate Planner REVIEWED BY: Kelly Broughton, Development Services Director INTRODUCTION Otay Valley Quarry, LLC is proposing to develop an approximately 166-acre site (Assessor's Parcel Number 644-060-24)within the Otay Ranch area of the City of Chula Vista. The project site is located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest. The site is surrounded by Village Three to the west, Village Two and Four to the north, Village Eight West to the east, and an existing rock quarry to the south. The site currently consists of vacant,undeveloped land. The project site is approximately 6.15 miles southeast of downtown Chula Vista, and 12.5 miles southeast of downtown San Diego. The project site is located immediately west of La Media Road, and approximately 1 mile south of Olympic Parkway. Planning Commission March 28,2018 Page No. 2 As proposed, the project requires amendments to the Otay Ranch General Development Plan, as well as a new Portion of Village 4 Sectional Planning Area (SPA) Plan, Tentative Map and a Final Environmental Impact Report (FEIR) 17-0001. Item Permit Final Environmental Impact Report FEIR 17- 0001//SCH 2016041080 General Development Plan Amendment MPA 17-0006 SPA Plan PCM15-07 Tentative Map PCS15-03 ENVIRONMENTAL REVIEW Environmental Impact Report The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environnent; therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, FEIR 17-0001. RECOMMENDATION That the Planning Commission adopt Resolution EIR17-0001, PCM15-07 and PCS15-03, recommending that the City Council approve: 1) A Resolution certifying the FEIR 17-0001 and amending the Otay Ranch General Development Plan; and 2) A Resolution approving a new Portion of the Village 4 Sectional Planning Area (SPA) Plan; and 3) A Resolution approving the Portion of Village 4 Tentative Map; and 4) An Ordinance approving the Planned Community District Regulations in the Portion of Village 4 SPA Plan. DISCUSSION Environmental Impact Report Section 21002 of the California Environmental Quality Act (CEQA) requires that an environmental impact report identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid those significant effects. This Environmental Impact Report (EIR) contains an environmental analysis of the potential impacts associated with implementing the proposed Village Four SPA Plan. Pursuant to Section 15161 of the CEQA Guidelines, this document was prepared as a "Project EIR" and is"focused primarily on the changes in the environment that would result from the development" (i.e., the build out of the proposed project). Where environmental impacts have been determined to be potentially significant, this EIR presents mitigation measures directed at reducing those adverse environmental effects. The development of mitigation measures provides the lead agency with ways to substantially lessen or avoid the significant effects of the project on the Planning Commission March 28,2018 Page No. 3 environment, to the degree feasible. Alternatives to the proposed project are presented to evaluate whether there are alternative development scenarios that can further minimize or avoid significant impacts associated with the project. The major issues that are addressed in the EIR were determined based on review by staff, and public comment received on the Notice of Preparation (distributed in April 2016). The issues analyzed in the EIR include land use, aesthetics, transportation and traffic, air quality, noise, cultural resources, paleontological resources, biological resources, agricultural resources, water quality and hydrology, geology and soils, public services and utilities, climate change, hazards, and housing and population. The Draft EIR(DEIR)was distributed for a 45-day public review period on October 23, 2017. Public comment letters were received. The Final EIR(FEIR)includes all comments received, and responses to them. The DEIR and FEIR identify that the proposed project would result in significant and unmitigated impacts (please see discussion below). All feasible mitigation measures with respect to project impacts have been included in the FEIR. As the project would have significant and unmitigated impacts, approval of a Statement of Overriding Considerations by City Council must occur prior to approving the project. The Findings of Fact and Statement of Overriding Considerations have been attached for the Planning Commission's review and to support its recommendation to the City Council to consider the Findings of Fact, determine that the FEIR is adequate for the project, and certify the FEIR. For those impacts with associated mitigation, a Mitigation Monitoring and Reporting Program (MMRP) has been provided with the FEIR(See Attachment 13). The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the FEIR. The alternatives include a Reduced Development Alternative and a No Project/No Build Alternative. The Reduced Development Alternative would result in the development of 61 single family residential units. The No Project/No Build Alternative would result in the project site remaining as it exists today. Based on this examination, the City has determined that the Reduced Development Alternative meets most of the project objectives while reducing project impacts; therefore the Reduced Development Alternative has been identified as the environmentally superior alternative. Summary of Environmental Impacts The following discussion contains a summary of the impact conclusions from the FEIR. Significant and Unmitigated Impacts: Landform Alteration—Aesthetics • The proposed project would represent a high visual change at multiple key visual points because the site would experience a permanent change from an undeveloped state to a developed state. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, direct and cumulative impacts to landform alteration would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Planning Commission March 28,2018 Page No.4 Transportation Circulation, and Access • Under existing conditions, the proposed project would result in cumulative impacts to the Olympic Parkway/Interstate 805 (1-805) SB Ramps intersection and Olympic Parkway/I-805 NB Ramps intersection. • Under the Year 2020 conditions, the proposed project would result in cumulative impacts to the Olympic Parkway/1-805 SB Ramps intersection; Olympic Parkway/1-805 NB Ramps intersection; Olympic Parkway from 1-805 SB Ramps to 1-805 NB Ramps; and 1-805 NB Ramps to Oleander Avenue. • Under the Year 2030 (buildout) conditions, the proposed project would result in cumulative impacts to the Olympic Parkway/1-805 SB Ramps intersection, Olympic Parkway/1-805 NB Ramps intersection, and Olympic Parkway from 1-805 NB Ramps to Oleander Avenue. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, cumulative impacts to transportation, circulation, and access would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Prior to issuance of each building permit for the Village Four project, the applicant or its designee shall pay its fair share payment, through the Traffic Development Impact Fee program,proportionate to its cumulative impact toward improvements. Cultural Resources • Although the actions of the proposed project would be mitigated through data recovery, curation, and reporting, the proposed project's contribution to a cumulatively considerable impact would not be reduced to a less than significant level. Therefore, the cumulative impact on cultural resources would be cumulatively significant. Mitigation measure MM-CUL-1 would reduce these identified potentially significant impacts to less than significant at the project level. While any individual project may avoid or mitigate the direct loss of a specific resource, the effect is considerable when considered cumulatively and would remain significant and unavoidable. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, cumulative impacts to cultural resources would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Air Quality • During construction, the proposed project would result in a significant cumulative impact because of construction activities. The emissions of NO,, and CO would exceed the applicable significance threshold levels during construction. Following implementation of mitigation, emissions would not be reduced to a level below the City's significance thresholds. As such, effects regarding NO,, and CO emissions during construction activities would be significant and unavoidable. Planning Commission March 28,2018 Page No. 5 • Regarding nitrogen dioxide, according to the construction emissions analysis, construction of the proposed project would contribute to exceedances of the NAAQS and CAAQS for NOZ. NO2 and NOX health impacts are associated with respiratory irritation. Following implementation of mitigation, emissions would not be reduced to a level below the City's significance thresholds. The emissions associated with construction would be temporary, lasting approximately 2 years. Daily construction emissions would still exceed the threshold levels for NOX and CO following implementation of mitigation measures. Therefore, direct and cumulative impacts would remain significant and unavoidable. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, impacts to air quality would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Public Services and Utilities—Energy • San Diego Gas & Electric has indicated that without an increased import capacity, including a new substation within the Otay Ranch area, future energy needs could not be ensured. Impacts would be cumulatively considerable. The California Public Utilities Commission approved construction of a substation,known as the Salt Creek Substation,in 2016,with construction expected to be complete in late 2018,prior to completion of the proposed project. As such, infrastructure for the continued long-term delivery of energy to the Otay Ranch area would be in place prior to the completion of the project, and would be in place for full buildout of Otay Ranch. The 120-megavolt amperes substation would provide infrastructure necessary to provide power to buildout of Otay Ranch,but would not generate electricity or guarantee that adequate supply would be available. Therefore,because no assurance can be made that long-term energy would be supplied to the site and other planned sites, at full buildout and beyond, impacts would be cumulatively considerable and impacts would remain significant and unavoidable. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, cumulative impacts to energy would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. Climate Change • Construction of the proposed project would result in Green House Gas (GHG) emissions, which are primarily associated with use of off-road construction equipment, on-road hauling and vendor(material delivery)trucks, and worker vehicles. Operation of the proposed project would result in GHG emissions from vehicular traffic, area sources, electrical generation, water supply, and solid waste. The proposed project's service population-based emissions would be more than the City's proposed efficiency metric of 1.3 MT CO2E/SP/yr. • Regarding consistency with SB 32 and EO S-3-05, there are no established protocols or thresholds of significance for future year analysis. However, project-generated GHG emissions would exceed the efficiency threshold, therefore, the proposed project would Planning Commission March 28,2018. Page No. 6 potentially conflict with the state's trajectory toward future GHG reductions. Most mitigation is not quantifiable and/or the extent to which some measures would apply to the project is unknown. Because there are no applicable or feasible mitigation measures that the City can impose at this time to reduce impacts to below a level of significance, direct impacts to Climate Change would remain significant and unmitigated. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the project. All feasible mitigation measures have been required of the proposed project with respect to the above identified impacts. It should be noted that significant and unmitigated impacts for the above identified issue areas were also identified within the FEIR. Although in some instances the above identified mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. As a Lead Agency, the City must make findings pursuant to CEQA Guidelines Sections 15043, 15091, and 15093 for each significant and unmitigated impact. The attached Findings of Fact and Statement of Overriding Considerations have been prepared specifically for the project actions for which the City has authority to approve or carry out (see Attachment 2, Findings of Fact and Statement of Overriding Considerations). Sections 15043, 15091 and 15093 of the CEQA Guidelines state that the adverse environmental effects are considered "acceptable" and a Lead Agency can approve a project that will result in significant effects when, based upon substantial evidence, findings have been made that specific economic,legal,social,technological or other considerations make infeasible the mitigation measures or project alternatives identified in the FEIR, and benefits of a proposed project outweigh the policy of reducing or avoiding the significant environmental effects of the project. Significant and Mitigated to Less than Significant Significant impacts were identified in the following enviromnental issue areas, and relitigation measures were required in the FEIR to reduce the impacts to less than significant. An MMRP (see Attachment 13) has been prepared to ensure that the mitigation measures will be implemented in accordance with specified monitoring requirements. Biological Resources • The proposed project would result in potentially significant direct impacts to both covered and non-covered species. Mitigation measures MM-BIO-1 through MM-BIO-8 would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would result in potentially significant impacts to nesting birds and nesting habitat. Mitigation measures MM-BIO-9 and MM-BIO-10 would reduce these identified potentially significant impacts to a less than significant level. To ensure no burrowing owls have migrated to the development area, a preconstruction survey would be conducted, in accordance with MM-BIO-11. If construction delays occur, additional surveys will be required. Planning Commission March 28,2018 Page No. 7 • The proposed project would result in potentially significant indirect impacts to both covered and non-covered species. Mitigation measures MM-BIO-4, MM-BIO-5, MM-BIO-6, MM- BIO-15, MM-BIO-16, as well as dust control measures would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would result in potentially significant direct impacts to sensitive vegetation communities, both on- and off-site. Vegetation communities include coastal sage scrub, succulent scrub, non-native grassland, tamarisk scrub, and unvegetated channel. Mitigation measures MM-BIO-1 through MM-BIO-7, MM-BIO-15, and MM-BIO-16 would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would result in potentially significant indirect impacts to jurisdictional waters and wetlands. Mitigation measures MM-BIO-4 through MM-BIO-6, and MM-BIO-12 through MM-BIO-14 would reduce these identified potentially significant impacts to a less than significant level. Cultural Resources • Under the development of the proposed project there is always potential to encounter previously unidentified subsurface cultural deposits. Mitigation measure MM-CUL-I would reduce these identified potentially significant impacts to a less than significant level. Transportation, Circulation, and Access • Under the Year 2020 conditions, the proposed project would result in cumulative impacts to the Olympic Parkway/Brandywine Avenue intersection; Olympic Parkway/Heritage Road intersection; Olympic Parkway from Brandywine Avenue to Oleander Avenue; and Olympic Parkway from Oleander Avenue to Heritage Road. • Under the Year 2030 (buildout) conditions, the proposed project would result in cumulative impacts to Olympic Parkway from Brandywine Avenue to Oleander Avenue; and Olympic Parkway from Oleander Avenue to Heritage Road. Mitigation measure MM-TCA-1 would reduce these potentially significant impacts to a less than significant level. Hazards and Risk of Ustet • There is the potential some areas containing contaminated soils exist on the proposed project site from previous agricultural uses. Mitigation measure MM-HAZ-1 would reduce these identified potentially significant impacts to a less than significant level. • Due to the close proximity of Brown Field Airport, impacts would be potentially significant. The proposed project would be required to comply with all Brown Field Airport Land Use Compatibility Plan conditions. Mitigation measures MM-HAZ-2, MM-HAZ-3, and MM- HAZ-4 would reduce these identified potentially significant impacts to a less than significant level. Planning Commission March 28,2018 Page No. 8 Noise • The first row of residences aligned closest to Main Street would be exposed to traffic noise levels ranging from 68 to 73 dBA CNEL from fiiture traffic. This would exceed the exterior noise criterion of 65 dBA CNEL, thus impacts would be potentially significant. Second-floor exterior uses such as balconies (if these are incorporated into the residential design) fronting along Main Street would exceed the City's 65 dBA CNEL noise standard. Additionally, interior noise levels at residences adjacent to Main Street would have the potential to exceed 45 dBA CNEL. Mitigation measures MM-N-I, MM-N-2, and MM-N-3 would reduce these identified potentially significant impacts to a less than significant level. • Construction related blasting and rock crushing could result in substantial vibration and noise impacts. Mitigation measures MM-N-4 and MM-N-5 would reduce these identified potentially significant impacts to a less than significant level. • The generation of noise from construction activities during noise-sensitive time periods upon completed and occupied components of the project is considered a significant impact. Mitigation measures MM-N-4, MM-N-5, and MM-N-6 would reduce this identified potentially significant impact to a less than significant level. Geology and Soils • The surficial soil within the proposed project site consists of topsoil,colluvium, alluvium,and compressible portions of landslide debris. These soils are not considered suitable for the support of the proposed project development. Underlying geologic soils could also exhibit high expansivity. Mitigation measures MM-GEO-1 would reduce these identified potentially significant impacts to a less than significant level. Public Services and Utilities • The proposed project would result in an incremental increase in demand for fire, emergency, police, and library services, as well as parks. Mitigation measure MM-PUB-1 would reduce these identified potentially significant impacts to a less than significant level. • The proposed project would result in an incremental increase in demand for schools. Mitigation measure MM-PUB-2 would reduce this identified potentially significant impact to a less than significant level. • The proposed project would also result in an incremental increase in demand for sewer services. Mitigation measure MM-PUB-3 would reduce this identified potentially significant impact to a less than significant level. Paleontological Resources • The proposed project has the potential to impact fossil localities within the Otay Formation, mapped, moderate-sensitivity deposits within the Mission Valley Formation, and unnamed Quaternary terrace deposits located at the southernmost extent of the project site. Excavation within these formations would represent a potentially significant impact. Mitigation measure MM-PAL-1 would reduce this identified potentially significant impact to a less than significant level. Planning Commission. March 28,2018 Page No. 9 Less than Significant Impacts Less than significant impacts were identified in the following environmental issue areas: Land Use, Plam-ling and Zoning Water Quality and Hydrology Housing and Population General Development Plan Amendment The Otay Ranch GDP was adopted on October 28, 1993, with the concept to create a complete and balanced community clustered into villages with conveniently located housing, shops, work places, schools,parks, civic facilities, and open spaces. The entire Village Folin area as identified in the Otay Ranch GDP is comprised of approximately 528 acres and was intended to be a lower-density village compared to surrounding villages due to its scenic location near Rock Mountain and limited area, being bound by the Otay River Valley and Wolf Canyon. The proposed project comprises approximately 166.02 acres within Village Four. Below is a table showing the existing breakdown of Village Four GDP land uses. The table indicates a total of 453 single family dwelling units can be developed within this village. Existing Village Four GDP Land Use Dwelling Units Acreage Use Approx. SF MF Total Dens Res. Park* CPF** Sch. C'ml. Ind. Open Art. Total Pop. Sp. LM 453 453 3.8 118.0 7.0 2.1 127.1 1,495 COMiVIUNITY 55.8 55.8 PARK OTHER 309.9 35.0 344.9 TOTAL 453 453 =3.8 118.0 62.8 2.1 309.9 35.0 527.8 1,495 *Includes required acreage from other residential villages based on park acreage ratio of 3.0 acres per 1000 persons. *Actual CPF acreage to be detennined at the SPA level;CPP Acreage based on ratio of 1.39-acres per 1000 2ersons. The proposed project is primarily a residential project with associated infrastructure and open space areas. As shown in the table below, amendments to the GDP are necessary to implement the proposed Portion of Village Four SPA land plan (See Attachment 4). Proposed amendments include: 1. Add Medium High (MH) and High (H) land use designations to the GDP Land Use Designation Table for Village 4 (to allow for higher density residential development) 2. Reduce the amount of allowable Single Family (SF) Residential Units in Village 4 from 453 to 176 dwelling units. 3. Allow for 150 Medium High(MH) multi-family dwelling units in Village 4. 4. Allow for 127 High Density(H)multi-family dwellings units in Village 4. 5. Increase the overall residential density from 3.8 to 6.6 du/ac for the 7 1.1 residential acres contained within the entire Village Four. 6. Adjust the distribution of residential dwelling units by category, while retaining the previous overall total dwelling units of 453. Planning Commission March 28,2018 Page No. 10 Proposed Village Four GDP Land Use Dwelling Units Acreage UseApprox SF M Tota Den Res Park CPF* Sch C'ml Ind Ope Art Tota ,Pop F I s * * n Sp. I LM 6 176 3.6 48.9 1.7*** 0.8 50.7 581 NIH 150 150 12.3 12.2 1.2** 0.5 12.7 387 H 127 127 j 17.6 7.2 1** 0.5 7.7 328 COMMUNIT 55.8* 55.8 Y PARK OTHER 233.4 11.4 244.8 TOTAL G 277 453 6.6 68.3 56.8 1.8 233.4 11.4 371.8 1,296 *Includes required Park acreage from other residential villages based on park acreage ratio of 3.0 acres per 1000 persons. **Park land included in residential acreage. ***0.72 acre of park land included in residential acreage. +Actual CPP acreage to be determined at the SPA level;CPF Acreage based on ratio of 1.39-acres per 1000 persons. The proposed project is designed in conformance with the Otay Ranch GDP. The organization of the land uses within the SPA area meets the GDP objectives of integration and compatibility of land uses within the villages and with adjacent communities. The SPA also supports GDP land use goals and objectives by providing a range of housing and employment opportunities. The proposed project would be consistent with the vision of planned development of Village Four. While the GDP envisioned single-family residential throughout Village Four, the proposed project's inclusion of higher density multi-family along Main Street is based upon the allowable clustering provisions of the General Plan. These provisions allow for clustering primarily due to physical constraints of the site such as: topography; geology;biological resources; or other similar constraints. In addition, the higher density would better support filture transit use contemplated for this roadway, while also requiring less developed area than solely providing the same amount of single-family homes. The Project is planned to not include any commercial land uses. Residents in the Portion of Village Four would provide adequate additional support for commercial uses in the adjacent abutting Village Eight West. The project includes bicycle and pedestrian connections to Village Eight West and provides densities to support mass transit. The land use plan for the Portion of Village Four supports the goals and objectives of the Otay Ranch GDP by providing a diverse range of housing opportunities. The organization of the land uses meets the objectives of integration and compatibility of land uses within villages and with adjacent communities. The project supports the objective of enhancing the unique envirornnental and visual qualities of Otay Ranch by generally conforming to the natural topography of the site and maintains views toward open space and distant mountains. According to the Otay Ranch GDP and the Quimby Act, the proposed project is obligated to provide approximately 2.94 acres of parkland. In Village Four, the park obligation will be addressed through the payment of the Park In-Lieu fee. Each dwelling unit will pay the Park In- Lieu fee in accordance with Chula Vista municipal Code (CVMC) Chapter 17.10 Parklands and Public Facilities, Section 17.10.120, Geographical distribution on in-lieu fees for land dedication. These contributions cover the Village SPA park obligation. Planning Commission March 28,2018 Page No. 11 Boundary Adjustment A Multi-Species Conservation Program (MSCP) Boundary Line Adjustment is necessary to match the approved alignments for Main Street on the adjacent developments.When originally envisioned with the adoption of the Otay Ranch GDP/Subregional Plan, Main Street (also known as Otay Valley Road) served as the major east/west roadway connecting Village Three with Village Eight. As each village SPA has been adopted, major roadways have been designed to meet the City's roadway standards. Consistent with that approach, the applicant processing the Village Three SPA and map was required to prepare a grading and alignment study for the portions of Main Street between Villages Three and Eight, which included Village Four. Based on that study, the western point of Main Street, within Village Three, was established, and the eastern point of Main Street, within Village Eight West, was established. The intervening land is known as Village Four, and the alignment of Main Street within Village Four matches the alignment created and reviewed by the City during the processing of Village Three. The proposed alignment for the project reflects this new aligmnent shift to the north, and is the focus of the MSCP Boundary Line Adjustment. The give/take areas, which collectively compose the Boundary Line Adjustment Area, include the areas proposed to be given to the MSCP Preserve and those proposed to be removed from the Preserve. The MSCP Boundary Line Adjustment was approved by USFWS and CDFW on August 2, 2017 and by the City on August 4, 2017. Section 5.3 of this FEIR provides a detailed description of the conditions of the "give" and"take" areas separately. Where it is appropriate to discuss the give and take areas together, the area is referred to as the Boundary Line Adjustment Area. SPA Plan In accordance with Section 19.48.090 of the CVMC,prior to any development within a sectional planning area,the developer shall submit a SPA plan to the City for review and approval. The SPA plan establishes the visors for the Portion of Village Four and defines the land use character and mix of uses, design criteria, circulation systems, and public infrastructure requirements for the project for this approximate 166-acre site within Otay Ranch. Regional and Circulation Network Regional access to the project site is from State Route(SR) 125,which runs north/south and is located approximately 1 mile east of the project site. Additional north/south access is provided from Interstate (I) 805, approximately 3 miles west of the project site, and 1-5, located approximately 6 miles west of the project site. SR-54 and SR-905 provide regional east/west circulation, approximately 5.5 miles north and 3.25 miles south, respectively, of the project site. East/west access is provided by Olympic Parkway, 1 mile north of the project site, connecting to I- 805 to the west and SR-125 to the east. North/south access would be provided by an extension of Heritage Road along the western portion of Village Two, and by an extension of La Media Road along the eastern edge of the project site. La Media Road is a north-south arterial which crosses portions of Village Eight West. It will be extended from its existing terminus just north of Village Eight West and become Otay Valley Road within the Town Center. Otay Valley Road will extend south and then curve to the east,providing a future connection to Village Eight East and a future Otay Valley Road interchange at SR-125. The primary entry point into Village Four would be from La Media Road. Planning Commission March 28, 2018 Page No. 12 Internal Circulation: The Village Four circulation system provides a system of roadway and trail corridors to support both vehicular and non-vehicular modes of transportation to serve the community. This system includes the extension of existing and planned roads,trails,and transit from adjacent villages as well as internal systems to serve the SPA. The Portion of Village Four street pattern organizes traffic into a hierarchy of travel ways, arranged according to anticipated volumes and modes of travel. This organization is consistent with the roadway classifications established by the Otay Ranch GDP. In Portion of Village Four, roadways respond to the landform of Rock Mountain and Wolf Canyon. The southern portions of the Village do not support a grid pattern of streets;however,the central and northern portions allow for a modified grid pattern that promotes walkability and supports urban development in the Village Eight West, Town Center. The street pattern in the southern areas is a suburban street pattern,provides a transition to the natural open space areas atop Rock Mountain, and reflects the topography of this portion of the site. Approximately 12.06 acres of the project site would be used for roadway and circulation right-of- way, which includes an approximately 2-mile eastern extension of Main Street to provide primary circulation through the project site,as shown in Figure 4-7. In addition to the extension of Main Street, four internal village streets (Streets "A," "13,11 "C," and"D") are proposed. Main Street Main Street is proposed as an east/west six-lane arterial roadway that would serve as the primary connection to the surrounding existing and planned regional circulation network. Main Street would be approximately 124 feet wide(right-of-way)and approximately 100 feet wide spanning from curb-to-curb. Main Street would include a raised median, three travel lanes in each direction, Class 11 bicycle lanes in each direction, and a buffered 5-foot-wide pedestrian walkway on each side of the roadway. Direct pedestrian links would extend through the proposed project site into Village Eight West, and fiiture connections would be provided to Village Three via Main Street. Class 11 bicycle facilities are planned on Main Street. The Main Street Bridge is not considered part of this project and would be constructed by others or the City of Chula Vista. Main Street will be extended east to provide a firture connection into/through Village Eight West to the interchange at SR-125 and westerly into/through Village Three. Village Roadways: The balance of the roadway system for Portion of Village Four is made up of Parkway Residential Streets. These streets provide direct access to single-family homes in the southern portion of the SPA Area. The street alignments are shown on the Tentative Map and subject to final engineering during the processing of the Final Maps for Village Four. Additional private streets and lanes will be provided for the multi-family planning areas(R-2a, R-2b, and R-3), as part of the site plan review for the multi-family neighborhoods. The design of these street sections will be determined by the site plan and shall be subject to design review. The Secondary Village Entry streets are public streets that provide access to the residential neighborhoods south of Main Street. Streets `B' and `C' provide egress and ingress from the southern residential area. Street `B' provides a connection to the multi-family neighborhood on the north side of Main Street. Driveways along residential street shall be located a minimum of twenty-five-feet Planning Commission March 28,2018 Page No. 13 (25') from any street intersection unless otherwise approved by the City Engineer. The residential street pattern is designed to provide access into the neighborhoods and promote walkability. The SPA plan includes a site utilization plan, Planned Community District Regulations, Design Guidelines and other supporting documents. Site Utilization Plan: The proposed project is primarily a residential project with associated infrastructure and open space areas. The proposed land uses are summarized in the table below: Portion of Village Four Sectional Planning Area Plan Land Use Summary Land Use Planning Area I Units Gross Acres Target Density Residential Single-Family Residential—3-6 du/ac SF R-1 1 73 15.18 4.81 Multi-Family(Medium-High)Residential— 11-18 du/ac MF R-2a 110 7.91 13.91 MF R-2b 40 4.24 9.43 Multi-Family(High)Residential— 18-27 du/ac MF R-3 1 127 7.16 17.74 Residential Totals 1 350 34.49 10.15 Community Purpose Facility(CPF) CPF-1 CPF — 1.21 - CPF-2 CPF — 0.87 CPF Sub-Total - 2.08 - Open Space(OS) OS-1 OS — 0.59 - OS-2 OS — 3.03 - OS-3 OS 3.08 - OS-4 OS 1.57 - OS-5 OS 0.59 - OS-6 OS 3.11 - OS-8 OS 1.35 - OS-9 OS 6.87 - Total Private Open Space 20.19 - Open Space Preserve(OSP) OSP-7 Preserve 1.37 OSP-10 Preserve 6.67 OSP-11 Preserve 44.27 - OSP-12 Preserve 44.89 - Total Preserve Open Space - 97.20 - Open Space Sub-Total - 117.39 - Planning Commission March 28,2018 Page No. 14 Portion of Village Four Sectional Planning Area Plan Land Use Summary Land Use Planning Area I Units Gross Acres Target Density Open Space(OS) Circulation Main Street Circulation 10.82 Internal Streets Circulation 1.24 Circulation Sub-Total - 12.06 - Totals 350 166.02 - MSCP=Multiple Species Conservation Program The exact amount of community purpose facility for the project and on the north side of Main Street will be calculated in conjunction with the processing of Site Plan approval for the High Density Residential(R-3). Residential As shown in the Table above,the proposed project would introduce 73 single-family low-to medium- density residential dwelling units on 15.18 acres, 150 multi-family medium- to high-density residential dwelling units on 12.15 acres, and 127 multi-family high-density residential dwelling units on 7.16 acres, for a total of 350 units on approximately 34.49 acres of the project site. The overall density of the low- to medium-density residential units would range from 3 to 6 dwelling units per acre, medium- to high-density would range from 11 to 18 dwelling units per acre, and high-density would range from 18 to 27 dwelling units per acre. The overall target density for the residential portion of the proposed Portion of Village Four project is 10.15 dwelling units per acre. This is based upon a total of 350 units on a total of 34.39 residential acres. The Portion of Village Four Residential District was created to achieve the residential goals and policies of the Otay Ranch GDP. Three basic residential unit types are anticipated in the Portion of Village Four SPA: single-family, small-lot single-family/duplexes/townihomes, and attached multi- family units. One single-family Planning Area (R-1) is provided for traditional single-family home development. Planning Areas R-2a and R-2b are provided for duplexes/townhomes and other similar products that allow a variety of housing types. The R-3 Planning Area is anticipated to provide traditional multi-family products such as stacked flats and grouped parking. Community Purpose Facility CVMC 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be reduced or complied with in an alternative mauler based upon the availability of shared parking for the use or through the provision of an extraordinary public benefit provided certain requirements are met. Based on a population of 956, the project requires 1.31 acres of CPF. Approximately 2.08 acres is provided within the proposed project site dedicated for community purpose facility uses. The CPF areas are provided in the western portion of Planning Area R-2a and the eastern portion of P1amling Area R-2b. As shown in in the Table above ,CPF-1 would be a 1.21-acre site located on the east side of Street `A' and the south side of Street `C'within Planning Area R-2a,and the site is designed to accommodate fiiture CPF-type development. Planning Commission March 28,2018 Page No. 15 CPF-2 would be a 0.87-acre site located on the west side of Street `A' in Planning Area R-2b. This site is planned for private recreation uses, and provides an overlook of a portion of Wolf Canyon and the MSCP. Open Space Approximately 117.39 acres of the project site would be designated as open space, consisting of both common open space areas and preserve open space areas. Approximately 20.19 of those acres would be for fuel modification areas, perimeter slopes, and passive recreation, and approximately 97.20 acres would be dedicated to the MSCP Preserve. Open Space Preserve The project requires the conveyance of 68.90 acres of Open Space Preserve. Approximately 97.20 acres of Open Space Preserve (Parcels OSP-7, OSP-10, OSP-11, and OSP-12) are available on-site for conveyance obligation;however, 80.29 acres of on-site Preserve are obligated as conveyance land to satisfy the Quarry Reclamation plan requirements. Therefore, only 16.91-acres are available for on-site conveyance into the MSCP Preserve with the Portion of Village Four SPA and Tentative Map/Final Map. The remaining conveyance obligation acreage (approximately 51.99-acres) will be provided off-site in Village 14, in accordance with the Resource Management Plan (RMP) requirements concurrent with recordation of the Final Map. The area of land within Village 14 which will be conveyed is under the same ownership as Village Four. An additional 9.98 acres of open space is provided as perimeter slope (OS-6 and OS-9) and consists of the Preserve Edge. The actual location of perimeter slopes, internal slopes, and the Preserve Edge is shown on the tentative map, which is being concurrently processed, and ultimately on Final Map(s). The Open Space Preserve includes all land designated as OSP (lots OSP-7 and OSP-10 through OSP-12), which would be dedicated to the Preserve Owner Manager (POM) comprised of the City of Chula Vista and the County of San Diego. Land use and design of these areas is regulated by the MSCP Subarea Plan, the RMP,as discussed the SPA Plan.These areas are intended to remain unimproved with any uses highly restricted. Vegetation would consist of native plants that already occur on-site. Only under limited circumstances may certain amenities and facilities, as determined by the City to be compatible with the goals and objectives of the City's MSCP Subarea Plan and Otay Ranch RMP,be perinitted within the Preserve. Any proposed amenities or facilities within the Preserve shall be subject to the prior review and approval of the Director of Development Services. Other Open Space Approximately 20.19 acres of open space within the proposed project site would consist of fuel modification areas, slopes, and passive recreation areas. Of this amount, a total of 9.98 acres of perimeter slopes would occur at the edges of development within the project site. Perimeter slopes refer to the slopes that occur at the edges of development within the SPA (lots OS-9 and portion of OS-6). The portions of these slopes that are located within 100-feet of the MSCP Preserve are part of the Preserve Edge and shall be subject to the requirements of Appendix B2 of the Otay Ranch Village Four SPA Plan FE1R17-0001 -The Village Four Preserve Edge Plan. The intent of the Preserve Edge is to create a buffer zone between proposed development and the Otay Ranch Preserve, thereby protecting the Preserve from human activity and non-native species. This area also includes dedicated right-of-way for a future access road to Otay Valley Regional Park. No structures would be permitted within perimeter slopes with the exception of walls and fences. Trails are permitted within perimeter slope areas,but are subject to the requirements outlined within the SPA Plan. Planning Commission March 28,2018 Page No. 16 The additional 10.20 acres of the overall 20.19 acres of open space consist of interior slopes which would occur at the edge of roadways and between planning areas within the project site. These lots include OS-1 through OS-5, OS-8, and a portion of OS-6. Regardless of zone, all interior slopes are subject to the facilities, landscaping, paving and surfaces, and lighting requirements outlined within the SPA Plan. Trails, benches, signage, walls, and fences would be permitted within the interior slope areas. Planned Community District Regulations In accordance with Section 19.48.090 of the CVMC, PC District Regulations are being established for the Portion of Village 4 in order to create development standards for each land use area and designation depicted on the site utilization plan map and planned community districts map. Said standards should include pennitted land uses, lot coverage, height and bulk requirements. The proposed Zoning District Map and accompany land use and development regulations will ensure that the SPA Plan is implemented in accordance with the Otay Ranch GDP. A total of six zoning designations are proposed. They include: Single Family Residential, two types of Multi-Family Residential, Community Purpose Facility; Open Space and Open Space Preserve. There are three residential zoning designations: Single Family(SF-1) which permits densities of 3-6 units/acre; Residential Multi-Family Medium High (RM-1) which permits densities of 11-18 units per acre including small lot SF, alley homes, duplexes, townhouses, row-houses, courtyard/clusters; and stacked flats; Residential Multi-Family Medium High (RM-2) which pen-nits densities of 18-27 units/acre including apartments and condominium-type in multiple-story buildings. There are two open space zoning designations: Open Space (OS) pen-nits developed or usable open space and park uses; Open Space Preserve (OSP) permits natural, undisturbed and/or restored open space which is part of the Otay Ranch Preserve. There is also a CPF designation which allows uses established pursuant to Community Purpose Facilities requirements contained in Chapter 19.48 (P-C Planned Community Zone) of the CVMC. Design Guidelines The Design Guidelines set forth design parameters that pertain to the site planning, landscape architecture,architecture and signage for all developments within the Portion of Village 4. The Design Guidelines contain illustrations and requirements to implement the design ideas presented therein. Old California architectural styles provide the inspiration for the Portion of Village Four Design Plan. Old California architecture is represented in Spanish, Spanish Eclectic, and Mission styles. Public Facilities The SPA Plan describes the public facility needs associated with the Portion of Village Four land plan. More specifically, the SPA Plan addresses the following facility needs: water supply, sewer service, storm drain and runoff,dry utilities, development phasing,public schools,childcare facilities, police and fire service,library services, civic facilities, animal control facilities,integrated solid waste management, regional facilities, roads, and parks and open space. Planning Commission March 28,2018 Page No. 17 Water Service Water service to the proposed project would be served by the Otay Water District. A water system(s) would be installed in accordance with the standards of the Otay Water District, and would be maintained and operated by the Otay Water District. Sewer Service Sewer service for the proposed project would be provided by and connected to City sewers. The proposed project sewer would extend approximately 0.5 mile southwest from Main Street. All utilities would be underground,and easements would be provided as necessary.The City operates and maintains its own sanitary sewer collection system that comnects to the City of San Diego's Metropolitan Sewer System. Drainage and Stormwater Facilities The approximate 166-acre site is generally located on the northern flank of a ridgeline that slopes to the northwest toward Wolf Canyon, which eventually flows south toward the Otay River. Site elevations within the site range from approximately 150 feet above mean sea level at the storm drain outlet and sewer tie-in at the southwestern corner of the site, to approximately 610 feet above mean sea level in the southeastern corner. The project site lies within the watershed of the Otay River, a westerly flowing stream that drains an area of approximately 145 square miles. The proposed storm drain system and layout would be designed to address peak flows and to integrate water quality features needed to comply with the City's Standard Urban Stormwater Mitigation Plan requirements for water quality. The proposed storm drain system would be designed to prevent the co- mingling of treated flows with untreated runoff. A water quality basin with acconnmodating storm drain lines and an off-site sewer main would be constructed south of Main Street on the southwest portion of the site. The proposed storm drain would extend approximately 0.5 mile southwest from Main Street. Dry Utilities Dry utilities would be extended underground throughout the project site,primarily within streets and other public easements. Telephone, cable television, and intemet service would be provided by companies such as Cox Communications, Time Warner, and AT&T. Gas and electric services would be provided by San Diego Gas and Electric. Schools Five elementary schools in the Chula Vista Elementary School District serve Otay Ranch residents: Heritage Elementary, McMillin Elementary, Hedenkamp Elementary, Veterans Elementary, and Wolf Canyon Elementary. The closest elementary school to the project site is Wolf Canyon Elementary, approximately 0.6 mile east of the project site. Middle school and high school requirements would be met by the existing schools within the Sweetwater Union High School District. The schools that serve Otay Ranch residents, including the project site, are Rancho del Rey Middle School, Otay Ranch High School, and Olympian High. In addition to public schools, two private schools are located near the project site: High Tech High School and Mater Dei High School. Otay Ranch High School, Olympian High School, and Mater Dei High School are all less than 1 mile from the project site. Additionally, Southwestern College is located 2.3 miles north of the project site. Planning Commission March 28, 2018 Page No. 18 Police and Fire Services The Chula Vista Police Department currently provides police services within the City. Development of the project site would increase demand for police services. To meet Growth Management Ordinance service thresholds, additional personnel and facilities may be required at buildout of the project. The Chula Vista Fire Department would provide fire service for the project. Fire Station Number 7 is the closest fire station to the project site, located adjacent to the Village Two core at 1640 Santa Venetia Street. Additional fire equipment, staff, and facilities required to serve the increased population as a result of the proposed project is identified in the Public Facilities Financing Plan for the proposed project. American Medical Response provides emergency medical services on a contract basis within the City. There are five American Medical Response South County paramedic units: two are located in Chula Vista, two are in National City, and one is in Imperial Beach. The proposed project would be served through this contract arrangement by the City of Chula Vista. Public Facilities Finance Plan and Fiscal Impact Analysis The Public Facilities Financing Plan(PFFP),prepared for the City by BWE and Atlantis Group Land Use Consultants,addresses all of the public facility needs associated with the Portion of Village Four. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 — Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and policies of the City's General Plan, GMP, GMO and the Otay Ranch GDP. The PFFP analyzes the demand for facilities based upon the project's land use and transportation phasing plan. When specific thresholds are projected to be reached or exceeded based upon the analysis of the development of the project, the PFFP provides recorn mended mitigation necessary for continued compliance with the City of Chula Vista's GMP, GMO and associated Quality of Life Threshold Standards. The PFFP does not propose a different development phasing from that proposed by the Portion of Village Four SPA Plan, but may indicate that the development should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Quality of Life Threshold Standards. The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality and climate protection, civic center, corporation yard, and other City administrative facilities. The PFFP also includes a Fiscal Impact Analysis (FIA) of the Portion of Village Four SPA Plan and phasing program that was prepared by HR&A Advisors. The Portion of Village Four FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation of all of the Chula Vista SPAS. The Framework utilizes the City of Chula Vista budget to identify and allocate variable revenues and costs that grow proportionally with incremental development, and sets up a consistent method to calculate revenue and cost impacts that may change according to the specific development program. Such variables include property taxes, vehicle license fees, sales tax receipts, and transient occupancy tax receipts. Planning Commission March 28,2018 Page No. 19 Based on the FIA and the assumptions contained therein, annual fiscal impacts are negative for Year 1. In the first year there is a net fiscal deficit of approximately $33,174, and turns positive in Year 2 with a surplus of approximately$28,736, followed by surpluses of approximately$61,993 in Year 3, $100,704 in Year 4, and$143,275 in Year 5. CVMC Section 19.09.060(J) states that"projects shall be conditioned to provide fimding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map and SPA conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the FIA, for additional details (Appendix A, SPA Plan). Air Quality Improvement Pian The City has included a Growth Management Element (GME) in its General Plan. One of the stated objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is incorporated into the GME's action program. In addition, the City's GMO requires that an Air Quality Improvement Plan(AQIP)be prepared for all major development projects(50 dwelling units or greater) as part of the SPA Plan process. The AQIP for the proposed project must comply with the City's AQIP Guidelines. The purpose of the AQIP is to provide an analysis for air pollution impacts that would result from development of the Portion of Village Four and to demonstrate how the design for the Portion of Village Four reduces vehicle trips,maintains or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect GHG emissions. This AQIP also demonstrates how the Portion of Village Four has been designed to be consistent with the City's Green Building Standards (CVMC 15.12) and Energy Code (CVMC 15.26) and represents the best available design in terms of improving energy efficiency and reducing GHG emissions. Fire Protection Pian The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. In addition, the California Fire Code requires a FPP with all new development based on its proximity to the Urban Wildlife Interface. The FPP prepared for this project provides measures for fire protection that meet California Fire and Building Codes or provide the Fire Department the option of accepting equivalent protection where the code cannot be strictly achieved. The primary focus of this FPP is providing an implementable framework for suitable protection of the planned project's structures and inhabitants. Preserve Edae Plan The purpose of the Preserve Edge Plan is to identify allowable uses within appropriate land use designations for areas adjacent to the Otay Ranch Preserve. In accordance with Policy 7.2 of the Otay Ranch RMP, a Preserve Edge Plan is to be developed for all SPAs that contains areas adjacent to the Preserve. The Portion of Village Four will border the Otay Ranch Preserve on its northerly and westerly boundaries adjacent to Wolf Canyon. The Preserve Edge Plan area is a public or privately owned 100-foot strip of land adjacent to the Preserve. No structure other than fencing and walls shall be constructed within the 100-foot Preserve Edge. Planning Commission March 28,2018 Page No. 20 Water Conservation Plan The City of Chula Vista's GMO requires all development projects with 50 or more dwelling units to prepare a Water Conservation Plan at the time of the SPA Plan preparation. The Water Conservation Plan prepared for the Portion of Village Four presents a review of presently available technologies and practices which result in water conservation in primarily residential development. The report presents water conservation measures that will be incorporated into the plaiming and design of the Portion of Village Four project, including the requirements outlined in the Landscape Water Conservation Ordinance. Energy Conservation Pian In compliance with the Otay Ranch GDP requirements for a Non-Renewable Energy Conservation Plan, the proposed project incorporates transportation design features that encourage energy conservation. On a regional level, the proposed project is designed to accommodate bus rapid transit and rapid bus service. In addition, the project proposes a mix of residential densities to complement the mixed-use environment of the abutting Village Eight West community, and would provide a walkable and bikeable community that promotes pedestrian activity. Affordable Housing Plan The City of Chula Vista Housing Element, Guidelines to the Balanced Communities Policy, and the Otay Ranch GDP provide that ten percent (10%) of the total units will be affordable to low and moderate income households. The estimate Village Four affordable housing unit obligation is based on the Village Four SPA entitlement authorization of 350 units within the Village. The affordable units required for the Portion of Village Four are 17.5 low income and 17.5 moderate-income affordable units. A condition of approval has been included in the SPA and TM Resolutions requiring the applicant to enter into a`Balanced Communities Affordable Housing Agreement"to indicate how they will comply with this obligation. AlZricultural Plan The 1993 Otay Ranch Program EIR requires the preparation of an agriculture plan concurrent with the processing and approval of a SPA plan where existing or future on-site agricultural uses may affect contemplated development. The Findings of Fact require that the agriculture plan indicate the type of agriculture activity allowed as an interim use and that it includes guidelines designed to minimize land use interface impacts related to noise, odors, dust, insets, rodents, and chemicals that may be produced or used by agricultural activities and operations. Tentative Map A Tentative Subdivision Map is required for a division of land resulting in four or more lots or condominium units, pursuant to Section 2 of the City of Chula Vista Subdivision Manual. The proposed Tentative Map has been designed to comply with the lot design criteria of the Subdivision Manual. The proposed Tentative Map would be consistent with surrounding development and would support the design of a viable village with mixed uses that create a sense of strong place for residents of a Portion of Village 4 and the surrounding communities. Overall the subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory Planning Commission March 28,2018 Page No. 21 documents. The Tentative Map is consistent with the General Plan and Otay Ranch GDP densities established for the respective areas. A Tentative Map is proposed to implement the proposed land use changes and subdivide 166.02 acres into parcels supporting up to 73 single-family residential units, 277 multi-family residential units, approximately 2.08 acres of CPF uses, and 20.19 acres of open space uses for the Portion of Village 4 project. The analysis presented in the PFFP discussion,which addresses transportation, circulation, drainage, water, sewer, fire, schools, and parks on pages 18-19 of this staff report are also applicable to the proposed Tentative Map. Project Access: Primary regional access to the Portion of Village Four is from State Route 125 and Interstate 805 via Olympic Parkway and La Media Road. There is currently no public roadway access to or within the site. An extension of Main Street is proposed in order to provide access within the project area. Proposed streets will coliform to the guidelines set forth in the Portion of Village 4 SPA Plan and to applicable City of Chula Vista street design guidelines. Subdivision Desi The subdivision design consists of a total of 90 lots served by the extension of Main Street, a public street. The breakdown of these lots is as follows: 76 residential lots (73 single-family residential lots and 3 multi-family lots); eight (8) master Homeowners Association (HOA) open space lots; four (4) open space preserve lots and two (2) CPF lots. The site design of the village follows the undulating landform of Wolf Canyon. Building sites have been created in terraces and streets are located within the topography to adhere to City horizontal and vertical curve standards. Grading. The site presently is vacant and consists of a hexagonally shaped lot. The site is topographically diverse,with elevations ranging from approximately 165 feet above mean sea level (msl), the low point at the storm drain outlet and sewer tie-in located just outside Otay River, to 610 feet msl at the high point along the southeastern boundary of the Portion of Village Four. DECISION-MAKER CONFLICTS No Property within 500 feet: Staff has reviewed the property holdings of the Planning Commission 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, nor has staff 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. CONCLUSION Within Otay Ranch, the Portion of Village Four, the proposed integrated land uses, development intensities and grading program directly implement the provisions of the City's General Plan and the Otay Ranch GDP. The proposed project provides all of the public facilities required by the Otay Ranch GDP. The additional higher-density residential located proximate to Main Street and adjacent Planning Commission March 28,2018. Page No. 22 to the neighboring commercial within Village 8 West fiurther implements pedestrian-oriented policies and is in conformance with the goals, objectives and policies of the General Plan and the Otay Ranch GDP. CURRENT YEAR FISCAL: All application fees and processing costs are borne by the applicant,resulting in no net impact to the General Fund or the Development Services Fund. ONGOING FISCAL: The FIA for the Portion of Village 4 SPA reflects the construction of 350 residential units. The FIA estimates that for Year I of Project buildout,the net fiscal impact will be net negative(approximately $33,174) and by Year 2 of Project buildout, the fiscal impact to the City would be net positive (approximately$28,736), with increasingly positive impacts through buildout. At buildout(Year 5), the Project is anticipated to generate a positive net fiscal impact of approximately$143,275 amlually. Fiscal Impact Deficit Fee In order to cover the amount of the year one deficit, based upon a total of 350 units, a fiscal impact deficit mitigation amount of$95 per unit is indicated in the current analysis, which will be collected prior to building permit issuance (see Attaclunent 9, Draft City Council PCM Resolution, SPA Condition of Approval No 8) and Attachment 10, Draft City Council TM Resolution, Tentative Map Condition of Approval No. xx). Attachments 1. Locator Map 2. Findings of Fact and Statement of Overriding Considerations—Flash Drive "A" 3. Otay Ranch General Development Plan Amendment—Flash Drive "B" 4. Portion of Village 4 SPA Plan, including PFFP/ FIA—Flash Drive"B" 5. Portion of Village 4 Tentative Map—Flash Drive "B" 6. Planning Commission Resolution FSEIRI7-001 — Flash Drive "A" For Exhibit 1 — refer to Attachment 2 of the Staff Report 7. Planning Commission Resolution MPA17-006; PCM 15-07; PCS 15-03 8. Draft City Council Environmental Impact Report Resolution—Flash Drive "A" For Exhibit 1 — refer to Attachment 2 of the Staff Report 9. Draft City Council GDP Resolution 10. Draft City Council SPA Resolution 11. Draft City Council TM Resolution 12. Draft City Council PC District Regulations Ordinance 13. Otay Ranch Village Four SPA Plan EIR- Flash Drive `°A" (also provided via e-mail link on 3/21/18) 14. Ownership Disclosure Form Prepared by: Jeff Steichen, Project Planner Attachments 1. Locator Map (included in packet) 2. Findings of Fact and Statement of Overriding Considerations—Flash Drive "A" 3. Otay Ranch General Development Plan Amendment—Flash Drive"B" 4. Portion of Village 4 SPA Plan, including PFFP/FIA—Flash Drive`B" 5. Portion of Village 4 Tentative Map—Flash Drive`B" 6. Planning Commission Resolution FSEIRI7-001 —Flash Drive "A" - For Exhibit 1 — refer to Attachment 2 of the Staff Report (Resolution only included in packet) 7. Planning Commission Resolution MPAI7-006; PCM15-07; PCS 15-03 (included in packet) 8. Draft City Council Environmental Impact Report Resolution—Flash Drive "A" -For Exhibit 1 —refer to Attachment 2 of the Staff Report (Resolution only included in packet) 9. Draft City Council GDP Resolution(included in packet) 10. Draft City Council SPA Resolution (included in packet) 11. Draft City Council TM Resolution (included in packet) 12. Draft City Council PC District Regulations Ordinance (included in packet) 13. Otay Ranch Village Four SPA Plan EIR- Flash Drive "A" (link provided via e-mail on 3/21/2018 and on Flash Drive"A") 14. Ownership Disclosure Form—(included in packet) ATTACHMENT 1 i •r .r r .r OTAY LANDFILL r r s � i SR 125 PROJECT LOCATION i °f C1r�i°vist° �� ♦ city '�D it e '% °f 5°° `► LOCATOR NORTH PCM-155-07 LOCATOR MAP ATTACHMENT 10 RESOLUTION 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS I. RECITALS A. Project Site WHEREAS,the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as the Portion of Village Four Sectional Planning Area(SPA)Plan,and for the purpose of general description consists of approximately 166 acres located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, duly verified applications were filed with the City of Chula Vista Development Services Department on March 12, 2015 by Otay Valley Quarry, LLC (the "Applicant, Owner, and Developer")requesting adoption of a new Portion of Village Four SPA Plan and Portion of Village Four Planned Community District Regulations and associated regulatory documents (Project); and C. Planning Commission Record of Application WHEREAS,the Development Services Director set the time and place for a Planning Commission hearing on the Project, and notice of the hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project and voted xxxx to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and D. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearing,together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 Resolution No. Page 2 feet of the exterior boundary of the Project Site at least ten(10)days prior to the hearing; and WHEREAS,the duly called and noticed public hearing on the Project was held before the City Council in the Council Chambers located at Chula Vista Civic Center, 276 Fourth Avenue, at 91910 to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby finds and detennines as follows: II. CERTIFICATION OF COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that, in light of the whole record, the Project may have a significant effect on the environment; therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 17-0001. That the City Council of the City of Chula Vista reviewed, analyzed, considered, approved and certified the Final EIR 17-0001, made certain Findings of Fact, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project pursuant to CEQA. III. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN,AS AMENDED,AND THE CHULA VISTA GENERAL PLAN. That the SPA Plan for the Portion of Village Four proposes three residential zoning designations whose density ranges are consistent with the allowable density of the Otay Ranch GPD (ORGDP), as amended, and the existing General Plan. The current ORGDP consists of one residential designation for Village Four which is Low Medium Density Residential (LM); the proposed amendment would add two additional residential categories: Medium-High (MH) and High-Density (H). All three densities are consistent with the Chula Vista General Plan designation of Residential Low Medium (RLM), allowing for a maximum of 453 units within the overall Village Four, of which this SPA would contain a total of 350 units. Resolution No. Page 3 That the proposed density increase would not result in any significant land use, plamiing, or zoning impacts. Such an increase fiirthers the GDP policy objective for"Urban Villages" to have"higher densities and mixed uses in the village cores"and to"provide a wide range of residential housing opportunities...which promotes a blend of multi family and single- family housing styles and densities, integrated and compatible with other land uses in the area." The proposed density increase would also support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity,increase pedestrian orientation and make commercial uses in the immediately adjacent Village 8 West more viable. That all off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Public Facilities Finance Plan (PFFP) and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. B. THE SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIAL DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. That the requested adoption of the Portion of Village Four SPA Plan relies on a combination of the proposed Portion of Village Four PFFP to outline infrastructure required to serve the entire Project,along with the timing of installation and the financing mechanisms to promote the sequential development of the Project. Development of the 350 units will occur in an orderly, sequential manner as part of the overall development of the Portion of Village Four. C. THE OTAY RANCH PORTION OF VILLAGE FOUR SPA WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. That the proposed land use and development standard provisions within the Project Site have been fiilly analyzed and will not adversely affect the circulation system and overall land use as previously envisioned in the ORGDP and in the Portion of Village Four SPA Plan. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed Project, as described in the PFFP. Additionally,a Water Quality Technical Report,Traffic Impact Study,Noise Impact Study, Air Quality and Global Climate Change Report, Water Service Techiucal Memoorandum and Sewer Service Technical Memorandum have been prepared, reviewed and approved. An Environmental Impact Report has been prepared and certified and the City Council has determined that any impacts associated with the proposed Project have been addressed and that the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. Resolution No. Page 4 IV. APPROVAL OF SPA PLAN BE IT FURTHER RESOLVED, that based on the findings above, the City Council hereby adopts the new Portion of Village Four SPA Plan shown in Attachment 4 (SPA Document) on file in the office of the City Clerk, subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in the Final EIR(FEIR 17- 0001), to the satisfaction of the Development Services Director, or designee. 2. All the terms, covenants and conditions contained herein shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Project Site. 3. Prior to approval of Building Permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Otay Ranch, Portion of Village 4 SPA Plan Air Quality Technical Report pertaining to the design, construction and operational phases of the Project have been incorporated into the Project design. 4. Prior to issuance of the 151st Building Permit, the Applicant shall construct the CPF-2 site consistent with Figure 4.2 of the Planned Community District Regulations. 5. Prior to issuance of each Building Pen-nit, in order to address projected Project revenue shortfalls (per Chula Vista Municipal Code Section 19.09.060(J)) as identified in the Financial Impact Analysis portion of the PFFP,the Applicant shall pay a fee in the amount of$85.00 per dwelling unit. 6. Prior to approval of the first Final Map for the Project, the Applicant shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. Such agreement shall identify methods of compliance as set forth in Appendix H, "Affordable Housing Program," including either providing affordable housing at an "On-Site" location, "Off-Site" location or payment of an in-lieu housing fee to be paid-upon issuance of Building Permits. 7. The Property Owner and Applicant shall and do agree to inderimify,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 of the Project; (b) City's approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated on the Project Site; and (c) approval of any CEQA action, including, certification of Final EIR 17-0001. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated. The Property Owner's and Applicant's compliance with Resolution No. Page 5 this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. V. GOVERMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1),NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack,set aside,void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in comlection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the Project, and the corresponding application for building permits and/or a business license,be held in abeyance. Signature of Property Owner Date Printed Name of Property Owner Signature of Applicant Date Printed Name of Applicant Resolution No. Page 6 VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur,or if they are,by their terms,to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revolve or modify all approvals herein granted,deny or fiirther condition issuance of future building permits,deny, revoke or fiirther condition all certificates of occupancy issued under the authority of approvals herein granted,instituted and prosecute litigate or compel their compliance or seely damages for their violations.No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City so deterinines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney Resolution No. Page 7 EXHIBIT A-SITE LOCATION MAP r r r 1 r a OTAY LANDFILL ti r r r " SR -- 125 PROJECT LOCATIONi ILI s citySunQ,e�J+_ LOCATOR NORTH PCM-15-0 ATTACHMENT 11 RESOLUTION NO. 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT-15-03 (PCS15-03) FOR THE PORTION OF VILLAGE FOUR PROJECT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN I. RECITALS WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit A, attached hereto and incorporated herein by this reference and for the purpose of general description consist of approximately 166 acres located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest(Project Site); and WHEREAS, on March 13, 2015, duly verified concurrent applications were filed with the City of Chula Vista by Otay Valley Quarry, LLC (Applicant) requesting amendments to the Otay Ranch General Development Plan (GDP), a new Portion of Village Four Sectional Planning Area (SPA) Plan, and an Environmental Impact Report (FEIR 17-001) for the Village Four project; and WHEREAS, on March 15, 2015, a duly verified application was submitted requesting approval of a Tentative Subdivision Map (PCS-15-03) for Chula Vista Tract No. 15-03, to implement the proposed land use changes and subdivide 166 acres into parcels supporting up to 73 single-family residential units, 277 multi-family residential units, approximately 2.08 acres of Community Public Facility(CPF) uses, and 20.19 acres of open space uses (the "Project") for the Portion of Village Four project; and WHEREAS, the Development Services Director set the time and place for a Planning Commission hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City,and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project, took public testimony, heard staff's presentation, and thereafter closed the hearing; and WHEREAS,the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and WHEREAS,the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and Resolution No. 2018 Page No. 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby finds and determines as follows: II. CERTIFICATION OF COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that, in light of the whole record, the Project may have a significant effect on the environment; therefore, the Development Services Director has caused the preparation of an Enviromnental Impact Report, EIR 17-0001. That the City Council of the City of Chula Vista reviewed, analyzed, considered, approved and certified the Final EIR 17-0001, made certain Findings of Fact, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project pursuant to CEQA. III. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for the Project, is in conformance with the elements of the Chula Vista General Plan(CVGP) and associated regulatory documents, based on the following: 1. Land Use and Transportation General Plan General Dev Plan SPA Plan Residential Residential Low Medium, Single Family (SF)-permits Low Medium Medium and Hig11 Density densities 3-6 units/Acre;Residential Multi-Family Medium High(NIF) Residential permits_ densities of 11-15 units/acre including small lot SF, alley homes,duplexes, townhouses,rowhouses, courtyard/clusters,and stacked flats; Multi-Family Medium High (MF)—permits densities of 15-27 units/acre including apartments and condominium-type in multiple- story buildings. Open Space Open Space Open Space (OS)permits developed or usable open space and park uses, may include naturalized open space;Open Space Preserve(OSP)permits natural, undisturbed and/or restored open space which is part of the Otay Ranch Preserve Resolution No. 201 S-XXX Page No. 3 The proposed project is consistent with the CVGP and Otay Ranch General Development Plan(GDP) land use designations. It contains all the requisite land uses in accordance with the Otay Ranch Village Four General Plan Land Use Diagram. The zones in the Project's Planned Community District Regulations are consistent with the GDP land use designations, as shown in the Otay Ranch GDP/SRP Land Use Plan. The Project is consistent with and implements the CVGP and GDP by establishing developable parcels,public improvements and public facilities that will create a village that contains complementary land uses, including community purpose facilities, preserve open space, and residential neighborhoods that offer a variety of housing types and densities. The Project has been designed to include a transportation system that complies with the requirements of the CVGP, GDP and the Portion of Village Four SPA Plan. The transportation system includes a hierarchy of streets, each providing accommodations for pedestrian walkways and bicycle ways. The construction of the transportation system will be phased in accordance with the Portion of Village Four SPA's Public Facilities Financing Plan (PFFP), such that the development of the circulation system will precede plarnied growth and maintain acceptable levels of service, as required by the City's Growth Management Program. 2. Economic Development The Project will contribute to the economic base of the City by accommodating a village that will provide for a range of Single and Multi-family residential product types that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. Approval of the Project will help achieve the CVGP objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. Housing The Project will provide a variety of housing types, including single-and multi-family residential home ownership opportunities, as well as affordable housing opportunities, as required by the Affordable Housing Plan prepared for the Project. The Project has been conditioned to require that the Applicant enter into an agreement to provide affordable housing prior to the approval of the first Final Map. Thus, the Project is consistent with the Housing Element of the CVGP by providing additional opportunities for high-quality, market-rate single-family and multi-family residential home ownership in the southeastern portion of the City. Resolution No. 2018 Page No. 4 4. Public Facilities and Services The project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A PFFP has been prepared to analyze the demand generated by the Project, and the phasing needs created by the Project. Schools — The project is served by the Chula Vista Elementary School District and Sweetwater Union High School Districts. According to the latest Growth Management Oversight Committee (GMOC) report, both school districts are able to accommodate students from the Project. As presented in Table A-1 of the PFFP, school fees are to be paid and verification of payment is to be provided prior to the issuance of Building Permits. Sewer-The Project Site is within the boundaries of the City of Chula Vista wastewater services area. Sewer capacity will be available to serve the Project subject to the PFFP requirements, which are included as Conditions of Approval for the Project. Based on these requirements, no adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the Project. Parks - The Project generates a demand for 2.94 acres of parkland. In accordance with the provisions of the Park Land.Development Ordinance (PLDO), the Developer will pay in-lieu fees for the required parkland prior to the issuance of Building Permits. Services-The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. The City Engineer, Fire and Police Departments have reviewed the Portion of Village Four SPA Plan for conformance with City safety policies and have determined that the proposal generates the same demand and therefore continues to meet those standards. Project construction will be required to comply with the applicable California Green Building Standards, the City's Green Building Standards and the City's Energy Efficiency Ordinance in affect at the time of Building Permit issuance, ensuring energy-efficient homes will be developed. S. Growth Management The Project is in compliance with applicable Growth Management Element requirements according to the PFFP that has been prepared as required by the Growth Management Ordinance. The PFFP requirements have been included in the Project's Conditions of Approval. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of this approval on the housing needs of the region and Resolution No. 2018-XXX Page No. 5 has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the City Council finds that the proposed Project: 1. Is consistent with applicable general and specific plans as specified in Section 65451. Applicant proposes to amend very limited portions of the ORGDP to facilitate implementation of the development plan for a Portion of Otay Ranch Village Four. The proposed amendments are to ORGDP land use designations for the site, including: the addition of Residential Medium High; and Residential High. The amendments are consistent with applicable general and specific plans as specified in Section 65451 because the General Plan designation Residential Low Medium (RLM, 3-6 dwelling units per acre) allows for a maximum of 453 units and the Project proposes 350 units. The Project is within a Sectional Planning Area which is equivalent to a Specific Plan area.With the proposed amendments,the Village Four project will remain consistent with the Chula Vista General Plan land use, transportation, economic development,housing, public facilities and services, environmental and growth management objectives and policies. The proposed Portion of Village Four plan remains compatible with the general and specific plans for the area, and the land uses are compatible with the CVGP and ORGDP land use designations. 2. Design or improvement is consistent with applicable general and specific plans. The General Plan establishes the vision for the eastern part of the City, and the portion of Village Four SPA Plan defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. The Project's design of 73 single family lots is consistent with the Single Family(SF-1) and 3 multi-family lots consisting of 277 units within the (RM-1 and RM-2) zoning classifications which are consistent with the General Plan's RLM designation. The Tentative Map is consistent with the general and specific plans. 3. Site is suitable for the proposed density of development. The Project's proposed zoning (Planned Community District Regulations) support the design of a viable village with residential uses that will create a strong sense of place for residents of a portion of Village Four and surrounding communities. The Projects 350 units are equal to the allowed density range of 3-6 dwelling units per acre with a maximum yield of 350 units. The densities are in accordance with the General Plan and the SPA Plan for the area. 4. Site is physically suitable for the type of development. The Project is surrounded by adjacent multi- and single- family development, and planned commercial uses in Village 8 West with available access and infrastructure to serve the Project. Resolution No. 2018 Page No. 6 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project has been designed to minimize disturbance with cut and fill slopes balance, and a habitat restoration plan has been prepared that avoids permanent disturbance or injury to wildlife or their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the Project has been designed to have plenty of separation between homes, able to be served by fire and emergency services, and located over 500 feet from a major highway. 7. Subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The project's roadways and utilities are within and are not in conflict with proposed easements. E. The City Council finds that the site is physically suited for development because it will be developed in conformance with the Otay Ranch a Portion of Village Four SPA Plan and FEIR-17-0001, which contain provisions to ensure that the site is developed in a manger that is consistent with the standards established by the City for a master—planned community. F. The City Council finds that the conditions herein imposed on the Project,are approximately proportional both in nature and extent to the impact created by the Project, based upon the City's police powers and evidence provided by the record. IV. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow in a timely manner this procedure will bar any subsequent legal action to attack, 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 the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this,nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. INDEMNITY PROVISION 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 Resolution No. 2018-XXX Page No. 7 City arising, directly or indirectly, from (a) City's approval of the Project; (b) City's approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated on the Project Site;and(c)approval of any CEQA action, including, certification of Final EIR 17-0001. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated. 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to record this document shall indicate the Property Owner and Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. 2018-XXX. Signature of Applicant: Date Printed Name of Applicant Signature of Owner Date: Printed Name of Owner VII. 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 terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all fixture building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein Resolution No. 2018 Page No. 8 granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten(10)days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terns, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no fiirther force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the Findings contained herein and subject to the Conditions of Approval set forth in Exhibit 2 attached hereto and incorporated herein by this reference and on file in the Office of the City Clerk. Presented by: Approved as to form by: Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney Resolution No. 2018-XXX Page No. 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of 20 , by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Mary Casillas-Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2018- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the day of 20 Executed this day of 20—. Kerry K. Bigelow, MMC, City Clerk Resolution No. 2018 Page No. 10 EXHIBIT 1 SITE LOCATION MAP EXHIBIT / r� PROJECT 1 BOUNDARY C. V. T. 15-03 r (SHEET 1 of 2) .�•'''.-', ,;%' r `�, r r f R-3.,.. MULTIFAMILY", /dodWv OS-11 r r OPEN SPACE PRESERVE O PyS PROJECT BOUNDARY 13 1AA r- ;_, ESER VE `,( —� CPF t BOUNJDARY OS-12 OPEN SPACE PRESERVE 1 Resolution No. 2018-XXX Page No. 11 ,,.✓''�P OS-11 +� OPEN SPACE PRESERVE EXHIBIT BOUNDARY�j C. V. T. 15-03 ' (SHEET 2 of 2) /� 'AK EfT f ®S PRS i,rrekt,nR�nc j SERVE (I CFF / OS-12 l OPEN SPACE PRESERVE 3 / BOUNDARYT �` 1".."WAZT11 o r Resolution No. 2018 Page No. 12 EXHIBIT 2 VILLAGE FOUR(CVT-15-03) TENTATIVE MAP CONDITIONS TENTATIVE MAP CONDITIONS OF APPROVAL: 1. Unless otherwise specified or required by law: (a) the conditions and Chula Vista Municipal Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, or designees, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise waived by the City Manager or designee. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 2. The Project shall incorporate, by reference, all of the City of Chula Vista Standard Tentative Map Conditions of Approval, as set forth in Section 5-300 of the City of Chula Vista Subdivision Manual. 3. The Applicant shall obtain approval of a Final Map showing condominium ownership prior to development of condominiums within any lot proposing multi-family residential uses. 4. The Applicant shall dedicate, with the applicable Final Map, for public uses all the public streets shown on the Portion of Village 4 Tentative Map (CVT 15-03) within the subdivision boundary. 5. Prior to issuance of each Final Map, Applicant shall be responsible for assuring right-of-way improvements necessary for vehicular and pedestrian connection from the subject map area to existing public roadways to the satisfaction of the City Engineer. 6. Prior to issuance of each Final Map, Applicant shall be responsible for assuring enhancements within and outside the right-of-way and internal to the subject map area in addition to applicable off-site infrastructure improvements sized to serve the subject map area. 7. Prior to the approval of the first Final Map, one of the following shall occur to the satisfaction of the City Engineer: the Applicant shall provide approved and bonded roadway Improvement Plans for the roadways that provide direct access to the Project Site, specifically La Media Road from its existing southern terminus to Main Street and Main Street from La Media Road to the westerly project boundary and the improvements shall be constructed prior to issuance of the first Building Permit (other than Building Permits for model homes); or Applicant shall Resolution No. 2018-XXX Page No. 13 cease development of the Project until those assumed future roadways are constructed by others as presently planned. 8. The Applicant shall request and deliver to the City a service availability letter from the Otay Water District prior to approval of a Final Map. 9. The Applicant shall comply with the Sewer Utility mitigation measures identified in the Project Environmental hnpact Report. 10. The Applicant shall underwrite the cost of all studies and reports required to support the addition of sewer flows to existing lines, assume the capital costs of all sewer lines and connection identified in the Project PFFP,comply with Section 303 of the Subdivision Manual, and constrict off-site connections as required by the City Engineer. 11. The Applicant shall comply with the recommended mitigation measures provided in the Project Drainage Study, SWQMP, and Project EIR. 12. Prior to the issuance of the first Building Permit (other than for a model home), the Applicant shall assure the maintenance of drainage facilities by a property owner's association that would raise funds through fees paid by each property owner and/or participation in a Community Facilities District (CFD) established over the entire Project to raise fiinds through the creation of a special tax for drainage maintenance purposes. 13. Prior to approval of each Final Map,Applicant shall provide proof that all off-site right of way, drainage, sewage, and water facilities have been approved and bonded Improvement Plans necessary to connect said Final Map to existing facilities to the satisfaction of the Development Services Director and City Engineer. In the case of two separate property owners utilizing the same plans and bonds of said Improvement Plans and right of ways,both property owners shall provide written proof to process plans, constrict from the same set of plans, process as-builts, complete punch list items, and have the same bond company listing them both as principals, all to the satisfaction of the Development Services Director and City Engineer. 14. Prior to issuance of the 121 sr Building Permit, Applicant shall negotiate with the Chula Vista Fire Department to determine the contribution by the Applicant and contribute to fully fund a fourth firefighter. This is to be monitored ami sally until either the Millenia or Village 8 West fire station is operational. 15. The Applicant shall comply with the Air Quality mitigation measure in the Project EIR and Project Air Quality Improvement Program. Resolution No. 2018 Page No. 14 16. Should conflicting wording or standards occur between these Conditions of Approval, any conflict shall be resolved by the City Manager. 17. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 15-03, generally located adjacent to Main Street. 18. The Project shall comply with the General Development Plan Amendment (MPA17-0006), and the Sectional Plarming Area (SPA) Plan for a Portion of Village Four (PCM-15-07), and the City of Chula Vista Standard Tentative Map Conditions as outlined in the Subdivision Manual and incorporated herein. 19. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the associated Mitigation Measures and associated Mitigation Monitoring and Reporting Program (MMRP) identified in the Final Environmental Impact Report (FEIR- 17-0001: SCH No. 2016041080) for Amendments to the Otay Ranch General Development Plan (MPA17-0006), adoption of a new Portion of Village Four SPA Plan (PCM-15-07), and for the Portion of Village Four Tentative Map for CVT-15-03 (PCS15-03), within the timeframe specified in the MMRP. 20. During any real estate transaction, or prior to lease-signing of any property within the Portion of Village Four Project, the prospective owners or residents shall be notified of the following information in disclosure documents and in the Covenants, Conditions & Restrictions (CC&Rs) for each Homeowners Association (HOA) within the Village: a. NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area/overflight area. For that reason, the property may be subject to some of the annoyances or noise, vibration, or odors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport aimoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. b. NOTICE OF MINING OPERATIONS: This property is located near an existing mining operation that is expected to operate during and after build-out of Village Four and could subject residents to nuisance noise, blasting, vibration and dust from on-going mining operations. c. NOTICE OF LANDFILL: This property is located in the vicinity of the Otay Landfill which is a solid waste disposal facility. Customary solid waste disposal operations may include, but are not limited to, noise, odors, dust, vibrations, birds, and vectors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider which of these annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. d. NOTICE OF FUTURE EXPANSION OF STATE ROUTE 125 (SR-125): Be advised there is a plan(per SANDAG RTP)for the widening of SR-125 to improve traffic flows. This property may be subject to some of the annoyances related to the constriction and operation of the road. Resolution No. 2018-XXX Page No. 15 A copy of these disclosure documents shall be recorded with the County of San Diego Recorder's Office as part of Project approval. Each prospective homeowner and or lease holder shall sign the disclosure document confirming they have been informed of the vicinity of the airport, mine/quarry, landfill and SR-125 prior to purchase or lease of property and or occupancy. 21. The Applicant shall construct public facilities in compliance with the Portion of Village Four PFFP (as amended from time to time) as specified in the Threshold Compliance and Recommendations section for each public facility chapter. At the Applicant's request, the City Engineer and Development Services Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. The Applicant shall provide the applicable studies/analysis, which may be reviewed by a third party Consultant for the City paid for by the Applicant,identifying the change in conditions that may warrant a modification of the sequence, schedule, alignment and design of improvement construction, as well as, amend the PFFP to match any modification of the sequence, schedule, alignment and design of improvement construction. 22. Prior to the approval of the Final Map for Planning Areas adjacent to off-site fuel management areas, the Applicant shall provide an off-site fuel management program in accordance with Section 4.1.2 "Other Vegetation Management"of the Fire Protection Plan,and CVMC Chapter 15.38- "Urban Wildland Interface Code." The Program shall establish the obligations for fuel management that apply to each of the Planning Areas and adjacent off-site properties, including required fuel management zones adjacent to structures, consent from affected off- site property owners, and other applicable requirements to the satisfaction of the Fire Marshal and Development Services Director. The program requirements shall be satisfied prior to the delivery of combustible material to the site,to the satisfaction of the Fire Marshal. 23. A reserve fiend program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide fiends to the Reserve Fund as required by the Reserve Fund Program (RFP). Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to the GDP/SRP, as amended from time-to-time. 24. Prior to issuance of Building Permits, in order to address projected Project revenue shortfalls (in accordance with section 19.09.060(J) of the CVMC), as identified in the Financial Impact Analysis portion of the PFFP, the Applicant shall pay a fee in the amount of $85.00 per dwelling unit, to the satisfaction of the Development Services Director. Resolution No. 2018 Page No. 16 Public Facilities: 25. Prior to approval of the first Final Map for the Project, the Applicant shall provide the City with a Portion of Village Four Subarea Master Plan(s) (SAMP) for potable, recycled, and fire flow water, as approved by Otay Water District (OWD). The Applicant shall bond and construct for all on-site and off-site water facilities in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. 26. Prior to issuance of Improvement Plans,Applicant shall obtain approval from OWD regarding adequacy of potable and recycled water. Affordable Housing: 27. Prior to approval of the first Final Map for the Project,the Applicant shall enter into a Balanced Communities Affordable Housing Agreement,in compliance with City and State of California regulations. Such agreement shall identify methods of compliance as set forth in Appendix H, "Affordable Housing Program,"including either providing affordable housing at an"On-Site" location, "Off-Site"location, or payment of an in-lieu housing fee to be paid upon issuance of Building Permits. Parks: 28. The Project generates a demand for 2.94 acres of Parkland. In accordance with the provisions of the Park Land Development Ordinance (PLDO), the Applicant shall pay in-lieu fees for the required PAD prior to the issuance of Building Permits. Trails: 29. The Applicant shall submit and obtain approval of Trail Improvement Plans prior to approval of a Grading Permit and shall construct all required trails fencing and signage, consistent with City trail standards, or as required by the Development Services Director. Said Improvement Plans containing Chula Vista Greenbelt Trail segments or Neighborhood trails/village pathway cormection as depicted on the Portion of Village Four Tentative Map(CVT 15-03),will include improvements such as fencing and signage. Landscaping/Walls/Fences: 30. Footings and geo-synthetic reinforcement grid for retaining walls and walls that may be planted shall not encroach into adjacent properties or public rights-of-way, to the greatest extent possible, subject to approval of the Development Services Director. 31. Prior to approval of the first Final Map the Applicant shall: a. Obtain Development Services Director approval of the Landscape Master Plan for the Project. The Landscape Master Plan shall identify a funding mechanism to maintain landscape improvements, trails, open space areas and other improvement areas subject to approval of the Development Services Director. The contents of the Landscape Master Plan shall contain the major components listed in Master Resolution No. 2018-XXX Page No. 17 Condition 30(a) thru (h) in the Subdivision Standard Conditions unless waived by the Development Services Director. b. Submit evidence acceptable to the City Engineer and Development Services Director of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, including a CFD or Open Space District.A CFD is the preferred financial mechanism for a maintenance district. If another financial mechanism is not formed, the MHOA shall be responsible for the maintenance of those landscaping improvements that are not included in the proposed financial mechanism. The City Engineer and the Development Services Director may require that some improvements be maintained by the CFD or Open Space District. The final determination of which improvements are to be included in the CFD or Open Space District and those to be maintained by the MHOA shall be made during the CFD or Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Development Services Director requires such annexation of future tentative map areas. c. The Applicant shall submit for City's approval the CC&R's grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Portion of Village Four Project Area. The Applicant shall acknowledge that the MHOA's maintenance of public open space,trails,etc. may expose the City to liability. The Applicant agrees to establish an MHOA that will indemnify and hold the City harmless from any actions of the MHOA in the maintenance of such areas. d. Submit and obtain approval of the City Engineer and Development Services Director of a list of all facilities and other items to be maintained by the proposed district(s) or MHOA. Separate lists shall be submitted for the improvements and facilities to be maintained by the CFD or Open Space District or some other financing mechanism and those to be maintained by the MHOA. Include a description, quantity, and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: i. All facilities located on Open Space lots to include but not be limited to: walls,fences,water fountains,lighting strictures,paths,trails,access roads, drainage structures, and landscaping. Each Open Space lot shall also be broken down by the number of acres of. 1) turf, 2) irrigated, and 3) non- irrigated open space to aid in estimation of a maintenance budget thereof. ii. The proportional share of the life cycle and maintenance costs of any landscaping within the public right of way, including but not limited to the landscaped medians. iii. All water quality basins serving the Project. 32. The Applicant shall be required to enter into a "Grant of Easement and Maintenance Agreement" with the City for all publically owned areas maintained by the MHOA prior to the approval of the first Final Map. Resolution No. 2018 Page No. 18 33. The Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscape medians, and scenic corridors along streets, within or adjacent to the subject subdivision. 34. The Applicant shall submit a detailed wall/fencing plan with the Design Review Site Plan submittal for each Plani ing Area showing that all project walls and fences comply with the approved SPA Plan, Landscape Master Plan,and other applicable City requirements,to the Development Services Director for approval. Plans shall indicate color, materials, height and location of freestanding walls, retaining walls, and fences. The plan shall also include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, landscaping, and sidewalk improvements. 35. Prior to recordation of each applicable Final Map, the Applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Access to the conveyed property for maintenance purposes shall also be provided to the satisfaction of the Preserve Owner Manager. 36. Prior to issuance of the first Building Permit or other discretionary permits for multi-family developments within the Project Site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include, but are not limited to the following design requirements: a. The Applicant shall design multi-family projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single-family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single family residential use). 37. Prior to recordation of each Final Map, all CFD or Open Space District slope and open space areas shall be designated as individual lots on said Final Map to the satisfaction of the Development Services Director. 38. Prior to approval of any Landscape and Irrigation Plans for areas designated Fuel Modification Zones, the Applicant shall provide proof to the City that a Fire Protection Planning Firm has reviewed and confirmed that the plans are in conformance with the requirements of the Fire Protection Plan within the Otay Ranch a Portion of Village Four SPA Plan,. Community Purpose Facility: 39. Prior to issuance of the 151" Building Permit, Applicant shall construct the CPF-2 site consistent with the Otay Rach Village Four SPA PC District Regulations Figure 4.2 Resolution No. 2018-XXX Page No. 19 Unallocated Units: 40. Should Applicant choose to build "Unallocated Units"within a portion of Village Four, a new Tentative Map and Fiscal Impact Analysis will be required for the site(s). Attachment 12 ORDINANCE No. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH PORTION OF VILLAGE FOUR WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "1" attached hereto and incorporated herein by this reference and commonly known as Otay Ranch Portion of Village Four, which consists of approximately 166.0 acres located on the east side of Wolf canyon, straddling the future extension of Main Street from la Media Road to the north and to Heritage Road to the southeast (the "Property"); and WHEREAS,an application(PCM-15-07)to consider a new Sectional Planning Area(SPA) Plan, including Planned Community District Regulations for the Portion of Village Four (the "Project")was filed with the City of Chula Vista Development Services Department on March 12, 2015, by Otay Valley Quarry, LLC (the "Applicant" and"Owner"); and WHEREAS, the Project is intended to ensure that the Portion of Village Four SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly plarming and long term phased development of the Otay Ranch GDP and to establish conditions which will enable Otay Ranch Village Portion of Four to exist in harmony within the community; and WHEREAS, the development of the Property has also been the subject matter of a concurrently processed Otay Ranch General Development Plan Amendment (GDPA) (MPA17- 0006), approved by the City Council; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community(PC) Zone,which is applicable to the Otay Ranch Portion of Village Four SPA Land Use Plan; and WHEREAS, the Project establishes a Planned Community District Regulation Code applicable to the Residential, Open Space and Parks, and Community Purpose Facility Districts, located in the Otay Ranch Portion of Village Four SPA Land Use Plan; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that there is substantial evidence, in light of the whole record before the City of Chula Vista, that the Project may have a significant effect on the environment; therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 17-0001; and WHEREAS, the development of the Property relied on the Otay Rach Village Four SPA Plan Project Environmental Impact Report No. 17-0001, SCH # 2016041080 (EIR-17-001); and the Findings of Fact and Mitigation Monitoring and Reporting Program, Certified by the City Council on xxxxxxx; and Attachment 12 WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailings to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS; the hearing was held at the time and place as advertised in the City Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS; a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and WHEREAS, the proceedings and any documents submitted to the Planning Commission and City Council as the decision makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby find and ordain as follows: I. PLANNING COMMISSION RECORD That the proceedings and all evidence introduced before the Planning Commission at their public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. ACTION That the City Council hereby adopts an Ordinance approving the Otay Ranch Portion of Village Four SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan,the Otay Ranch General Development Plan and all other applicable Plans; as set forth in Resolution PCM-xxxxx adopting the Portion of Village Four SPA Plan, and that the public necessity; convenience, general welfare and good planning and zoning practice support their approval and implementation. III. SEVERABILITY If any portion of this Ordinance,or its application to any person or circumstance,is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Attachment 12 IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. V. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney Attachment 12 EXHIBIT "I" OTAY LANDFILL *ti t t i SR 125 PROJECT ' LOCATIONi ufaista � cil o{SCok(01 ° LOCATOR NORTH PCM-1 5-07 ATTACHMENT 13 Otay Ranch Village Four SPA Plan EIR Provided on Flash Drive A and Link provided via e-mail to Commissioners for the Revised Final EIR ATTACHMENT 14 P ��rf DeveIop .Ment Services Department a Planning Division I Development Processing Of CHUTAVISrA APPLICATION APPENDIX B Disclosure Statement Pursuant to City Council Policy 1 o1-0i,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 trust be filed, The foll,owing 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). dray valley quarry LLC,owner 2. If any person"Identified in section 1.above is a corporation or partnership,list the names of'ail Individuals with an investment of$2000 or more In the business(corporation/partnership)entity. John'M6110 b 3. If any person*Identified In section 1,above is a non-profit organization or trust,list the names of i any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. wA 4. Plea"se identify every person,including any agents,employees,consultants,or Independent contractors,whom you have authorized to represent you before the City in this matter, Chuck Millar,atay Valley quarry LLQ Macela Escobar-Eck,Atlantis Group Ted Shaw,Atlar>tls Group 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 4of9 276 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.sio1 Imv07.td 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 "V CHISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 S. Has any person "identified In 1.,2.,3.,or 4.,above,or otherwise associated with this contract,project or application,made a campaign contribution of more than.$250 within the past(12)months to a current member of the City of Chula Vista Council? Yes _� 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),trionths? (This Iddudes any payment that confers a personal beriefit on the reclplent,a rebate or discount In tile price of anything of value,money to retire a legal debt,gift,loan, etc.) Yes- No ✓ If yes,which official*:`and what was the nature of the item provided? 8. Has any person fldentified in 1.,2.,3„or 4„above,or otherwise associated with this contract,project i or application,been a source.of Income of$500 or more to an official"of the City of Chula Vista In,the I past(12)months? Yes No If yes,which official" and the nature of.the Item provided? i Date51J`� J` JJ Signatur Contractor/Applicant Chuck Miller,.Qtay Valley Quarry LLC Print or type name of Contractor/Applicant 1# Person is identified as:any Individual,firm,co-partnership,joint venture,association,'social dub, .fraternal organization,corporation,estate,trust,receiver,syndicate,any other county,city,munlclpailty, 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 erriployee of staff members. k+se 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 Form Sof9 320 276 Fourth Avenue Chula Vista California 91910 (619)691.5101 ATTACHMENT 6 RESOLUTION NO. EIR-17-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL MAKE CERTAIN FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-17-0001; SCH NO. 2016041080) FOR THE OTAY RANCH PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA PLAN, GENERAL DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAP PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Otay Valley Quarry, LLC, submitted an application requesting approvals for a Sectional Planning Area (SPA) Plan, General Development Plan Amendment (GDPA) and Tentative Map (TM), for the Portion of Village Four project (Project); and WHEREAS, a Draft Environmental Impact Report (Draft EIR-17-0001 or Draft EIR) for the Project was issued for public review on October 23, 2017, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the California Environmental Quality Act (CEQA), a Final EIR (Final EIR-17-0001 or Final EIR) was prepared for the Project; and WHEREAS,Final EIR-17-0001 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR,and the City's responses to all"significant environmental points"raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, revisions to Final EIR-17-0001 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, the Chula Vista Plamiing Commission held a duly noticed public hearing for Final EIR-17-0001; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project (Exhibit "1" of this Resolution, a copy of which is on file in the office of the City Cleric) conclude that proposed mitigation measures outlined in Final EIR-17- 0001 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista, contingent upon certification of Final EIR-17-0001 by the City Council, binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory,but constitute a binding set of obligations that will come into effect when the City adopts the Resolution approving the Project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, which is a section of Final PC Resolution EIR 17-001 Page 12 March 28,2018 EIR-17-0001, are also expressed as conditions of approval for the Project. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby find, determine and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on EIR-17-0001, as well as the minutes and resolutions resulting therefrom, shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any proceedings of and documents submitted to the City Council as the decision-makers in certifying Final EIR-17-0001, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.). The record of proceedings shall be maintained by the City Clerk at City Hall. II. FINAL EIR-17-0001 CONTENTS That Final EIR-17-0001 consists of the following: 1. EIR for the Otay Ranch, Portion of Village Four SPA Plan, GDPA and TM 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices (All hereafter collectively referred to as "Final EIR-17-0001") 111. ACCOMPANYING DOCUMENT TO FINAL EIR-17-0001 1. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that Final EIR-17-0001, the Findings of Fact and Statement of Overriding Considerations (Exhibit "1" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. PC Resolution EIR 17-001 P a u c 13 March 28,2018 V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the Final EIR-17-0001 reflects the independent judgment and analysis of the City of Chula Vista as the lead agency for the Project. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact That the City Council approve, accept as its own, incorporate as if set forth in Rill herein, and make each and every one of the findings contained in Exhibit "I" to this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted On the basis of the findings set forth in Exhibit "I" of the City Council EIR Resolution and as more fully identified and set forth in Final EIR-17-0001, the Planning Commission hereby recommends that the City Council find pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in Final EIR- 17-0001, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings set forth in Exhibit "I" to this Resolution. Furthermore, the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final EIR-17-0001 and in Exhibit "1" of the City Council EIR Resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of the Project, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in Final EIR-17-0001 and in the Findings of Fact for the Project, which is Exhibit "I" to this Resolution, certain mitigation measures described in said documents are infeasible. D. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. However, pursuant to CEQA Guidelines Section 15092, the Planning Commission hereby recommends that the City Council find and determine that any remaining significant effects on the environment which have been found to be unavoidable as shown in the findings set PC Resolution ETR 17-001 �4 March 28,2018. forth in Exhibit "1" to this Resolution are acceptable due to certain overriding considerations. Therefore, the Planning Commission hereby recommends that the City Council approve, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "1"to this Resolution identifying the specific economic, legal, social, technological or other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in Final EIR-17-0001 and in Exhibit "I" to this Resolution, the Planning Commission hereby recommends that the City Council find, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that alternatives to the Project, which were identified in Final EIR-17-0001,were not found to reduce impacts to a less than significant level or meet the Project objectives. F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091,the Planning Commission hereby recommends that the City Council adopt the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in Final EIR-17-0001. The Plamling Commission hereby further recommends that the City Council find that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project Applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista on the basis of its findings as set forth above,recommends that the City Council certify Final EIR-17-0001 upon making the required findings pursuant to CEQA Guidelines Section 15090 and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. PC Resolution EIR 17-001 Pale 15 March 28,2018 BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of March 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Gabe Gutierrez Chairperson Patricia Laughlin, Secretary to Planning Commission ATTACHMENT 7 PLANNING COMMISSION RESOLUTION NO. MPA17-0006; PCM 15-07; PCS 15-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1) APPROVE THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENT (MPA 17-0006); 2) APPROVE THE PORTION OF VILLAGE 4 SECTIONAL PLANNING AREA (SPA) PLAN (PCM 15-07); AND 3) APPROVE THE VILLAGE FOUR TENTATIVE SUBDIVISION MAP (PCS 15-03) WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of general description is located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north to Heritage Road to the southwest(Project Site); and WHEREAS, duly verified applications were filed with the City of Chula Vista by Otay Valley Quarry, LLC (Applicant) requesting amendments to the Otay Ranch General Development Plan (GDP), adoption of a new Otay Ranch, Portion of Village Four Sectional Planning Area (SPA) Plan; and a new Tentative Map (TM) (the "Project"); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that there is a substantial evidence, in light of the whole record before the City of Chula Vista, that the Project may have a significant effect on the environment; and therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 17-0001; and WHEREAS, the Development Services Director set the time and place for a Planning Commission hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project, took public testimony, heard staff's presentation, and thereafter closed the hearing. NOW, THEREFORE, BE IT RESOLVED, that the Plam-ing Commission of the City of Chula Vista and after hearing public testimony, staff's presentation and after reviewing all of the subject documents, hereby recommends that the City Council adopt the attached Draft City Council Resolutions and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that a copy of this Resolution and the draft City Council Resolutions and Ordinance be transmitted to the City Council. PC Resolution MPA17-0006;PCM15-07;PCS 15-03 March 28,2018. Page 2 Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28Ch day of March 2018,by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chairperson ATTEST: Patricia Laughlin, Secretary PC Resolution MPA17-0006;PCM 1.5-07;PCS 15-03 March 28,2018 Page 3 EXHIBIT A-SITE LOCATION MAP DTAY LANDFILL �t 1 1 1 SR 125 PROJECT c� LOCATION t 0i Cb City of Spn D►e •% �tY •% LOCATOR T PCM-15-07- CM NORTH r�r1111-7 5-®7 ATTACHMENT 8 RESOLUTION NO. EIR-17-0001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-17-001; SCH NO. 2016041080) FOR THE OTAY RANCH PORTION OF VILLAGE FOUR SECTIONAL PLANNING AREA PLAN, GENERAL DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAP PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Otay Valley Quarry, LLC (Applicant), submitted applications requesting approvals for a Sectional Planning Area (SPA) Plan, General Development Plan Amendment (GDPA) and Tentative Map (TM), for the Portion of Village Four project (Project); and WHEREAS, a Draft Environmental Impact Report (Draft EIR-17-0001 or Draft EIR) for the Project was issued for public review on October 23, 2017, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the California Environmental Quality Act (CEQA), a Final EIR (Final EIR-17- 0001 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR-17-0001 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR, and the City's responses to all "significant environmental points" raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, revisions to Final EIR-17-0001 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final EIR-17-001 and voted to approve a resolution recommending the City Council make certain Findings of Fact; adopt a Statement of Overriding Considerations; adopt a Mitigation Monitoring and Reporting Program and certify Final EIR-17-001 for the Project pursuant to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby finds, determines and orders as follows: 1 ATTACHMENT 8 I. PLANNING COMMISSION AND CITY COUNCIL RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and Final EIR-17-0001 and before the City Council at their public hearing on the Project and Final EIR-17-0001 as well as the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any documents submitted to the Planning Commission and City Council, including documents specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.) The record of proceedings shall be maintained by the City Clerk at City Hall. 11. Final EIR-17-0001 CONTENTS That Final EIR-17-0001 consists of the following: 1. EIR for the Otay Ranch, Portion of Village Four SPA Plan, GDPA and TM 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices (All hereafter collectively referred to as "Final EIR-17-0001") III. ACCOMPANYING DOCUMENT TO Final EIR-17-0001 1. Findings of Fact and Statement of Overriding Considerations IV. PRESENTATION TO THE DECISION MAKING BODY That Final EIR-17-0001 was presented to the City Council as the decision-making body of the Lead Agency and that the City Council has reviewed and considered the information contained in Final EIR-17-0001 prior to approving the Project. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Final EIR-17-0001, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "I" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. 2 ATTACHMENT 8 VI. INDEPENDENT JUDGMENT OF CITY COUNCIL That it utilized its independent judgment and analysis in reviewing the Final EIR-17-0001 for the City as Lead Agency for the Project. VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact That the City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in Exhibit "l" to this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted That on the basis of the findings set forth in Exhibit "1" to this Resolution and as more fully identified and set forth in Final EIR-17-0001, the City Council hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in Final EIR-17-0001, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings set forth in Exhibit "1" to this Resolution. Furthermore, that the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final EIR-17-0001 and in Exhibit "I" to this Resolution, are fiilly enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of the Project, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in Final EIR-17-0001 and in the Findings of Fact for the Project, which is Exhibit "I" to this Resolution, certain mitigation measures described in said documents are infeasible. D. Statement of Overriding Considerations That even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. However, pursuant to CEQA Guidelines Section 15092, the City Council hereby finds and determines that any remaining significant effects on the environment which have been found to be unavoidable as shown in the findings set forth in Exhibit "I" to this Resolution 3 ATTACHMENT 8 are acceptable due to certain overriding considerations. Therefore, the City Council of the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit"I" to this Resolution identifying the specific economic, legal, social, technological or other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in Final EIR-17-0001 and in Exhibit "I" to this Resolution, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in Final EIR-17-0001, were not found to reduce impacts to a less than significant level or meet the Project objectives. F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby adopts the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant enviromnental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in Final EIR-17-0001. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project Applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. G. Findings are Binding and not Merely Advisory That to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project (Exhibit "1" of this Resolution) conclude that proposed mitigation measures outlined in Final EIR-17-0001 are feasible and have not been modified, superseded or withdrawn, the City Council herby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the Resolution approving the Project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program Section of Final EIR- 17-0001 are also expressed as conditions of approval for the Project. Other requirements are referenced in the Mitigation Monitoring and Reporting Program that are adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. 4 ATTACHMENT 8 VIII. NOTICE OF DETERMINATION That the Development Services Director of the City of Chula Vista is directed to file a Notice of Determination with the County Clerk of the County of San Diego, should the City Council approve this Project in accordance with CEQA Guidelines section 15094. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the basis of the findings as set forth above certifies Final EIR-17-0001, and adopts the Findings of Fact and Statement of Overriding Considerations (Exhibit "1" to this Resolution), and Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. Submitted by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney Exhibit 1 -Findings of Fact and Statement of Overriding Considerations 5 ATTACHMENT 9 RESOLUTION NO. 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE AND POLICY CHANGES FOR APPROXIMATELY 166 ACRES WITHIN THE OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES I RECITALS A. Project Site WHEREAS,the areas of land which are the subject of this Resolution contain all lands within the boundaries of Exhibit 1 attached hereto and incorporated herein by this reference, and include approximately 166 acres of land generally located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, in June, 2017, the City staff deemed the Otay Valley Quarry, LLC (Applicant) application complete and initiated a Otay Ranch General Development Plan Amendment (GDPA) (the "Project"); and WHEREAS, the proposed GDPA involves amending portions of Part II of the Otay Ranch General Development Plan (GDP), including associated text, maps and tables; and WHEREAS, the proposed GDPA is contained in a document entitled"Proposed Otay Ranch General Development Plan Amendments- Portion of Otay Ranch Village 4 as represented in Exhibit 2 attached hereto and incorporated herein by this reference; and C. Prior Discretionary Approvals WHEREAS, the Otay Ranch GDP was approved on October 23, 1993, and most recently updated on May 12, 2015; and WHEREAS, the GDPA as presented is necessary to accommodate the land uses anticipated in the proposed Project; and WHEREAS,the GDPA was designed to address and accommodate development of a transit- supportive residential development with ancillary commercial in the adjacent village to the east; and WHEREAS, approval of the Project would require the approval of a new Sectional Planning Area (SPA) Plan, and a Tentative Map (TM) for the Portion of Village Four; and Resolution 2018 - Page 2 of 5 D. Planning Commission Record of Application WHEREAS, pursuant to California Government Code section 65090, the Planning Commission held a duly noticed public hearing on the GDPA; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this Project and the minutes and resolution resulting therefrom, are hereby incorporated into the record subsequent to these proceedings; and WHEREAS, the Planning Commission voted x-x-x to forward a recommendation to the City Council on the Project; and E. City Council Record of Application WHEREAS,"the City Clerk set the time and place for the hearing on the GDPA and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, pursuant to California Goverunent Code section 65090, the City Council held a duly noticed public hearing on the subject GDPA. NOW, THEREFORE, BE IT RESOLVED by the City Council that it hereby finds and determines as follows: IL COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined, in light of the whole record before the City, that the proposed Project may have a significant effect on the environment; therefore,the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 17-0001. That the City Council reviewed, analyzed, considered, approved and certified Final EIR 17- 0001, made certain Findings of Fact, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GDPA, new SPA Plan, and Tentative Map (TM)pursuant to CEQA. IV. GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY That the GDP, as amended, is internally consistent and shall remain internally consistent following amendment thereof by this Resolution. Resolution 2018 - Page 3 of 5 V. ADOPTION OF GENERAL DEVELOPMENT PLAN AMENDMENT That in light of the findings above, the GDPA provisions are hereby approved and adopted in the form as presented in Attachment 3 (Otay Ranch General Development Plan Amendment) and incorporated herein by this reference and on file in the City Clerk's office. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney Resolution 2018 - Page 4 of 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of , 2018, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Mary Casillas Salas, Mayor ATTEST: Kelly K. Bigelow, MMC, City Cleric STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Kelly K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the day of ' 2018. Executed this day of , 2018. Kelly K. Bigelow, City Clerk Resolution 2018 - Page 5 of 5 EXHIBIT 1 —SITE LOCATION MAP IED i y� OTAY ` LANDFILL , r t i SR 125 PROJECT LOCATION i r Vista � r o{a{Sao Di.w �tY LOCATOR v NORTH PCM-1 ®® Item 2 ATTA C H M E N T 2 — Findings of Fact and Statement of Overriding Considerations — Provided on Flash Drive "A" 3 - Otay Ranch General Development Plan Amendment — Provided on Flash Drive "6" 4 — Portion of Village 4 SPA Plan, Including PFFP/FIA Provided on Flash Drive "6" 5 — Portion of Village 4 Tentative Map — Provided on Flash Drive "6" 6 — PC Resolution — Exhibit 1 — Provided on Flash Drive "A" 8 — Draft CC Resolution — Exhibit 1 Provided on Flash Drive "A" Request eliminate Parking Requirements Downtown Chula Vista, Joseph t s For thirteen years I have been attempting Third ve Downtown Chulaist oI had hoped to purchase and derv® an alder building and construct a cafe with luxury residential uni s upstairs. It has long been establishedt mixed residential/commercial use is very beneficial to the community. At first, I consideredpurchasing the CV Photosituated o the 300 block of 3rdt el ® It would be perfect r a simple diner with two residential uni s upstairs. I was informed by city staff that this could not be done because parking requirements. ' lot, supplying parking s of course impossible. t [ 1 ,r i at .I ®asi jou 1pm sa�I a.Ija aj l j juj os vjsl of o jo vaju a.,ioa j I s a.ji aI I u j o�tuiluuimija .ia Is a asual -juawanidai t i Iq papa;)u llvqioa u ®asi ®j l ;);) asod.ind ou saA.Ias jlasIl juatuaiinbai sl j (, Tx' -e ) llu s S.IaA a.I JslA vjolumopI sjol a j jo Xj!.iofutua j as I -SpUa JaAa ll!tu puaij a ,L -sjuama-qnbaj 2upijuda j i asuma i ja joI, jai an II pj sji lid a Isa.I jo j;)qwnu a j ui as a.Ia I a j Slal po ®s.Iluls II sj!un jVllUa Isa.I X.InXnl aAlaAtj j® jujol uiq jasj o aq pinomas o a xa ui as a.ja I siqjL Ituppied alow aAa .IOJ aau s peq mouj;)afoid a j jol 9sil x 9SL I9 tul.ssassod -(mol;)q ojo I a j puiqaq tuipl!ntt) pf LIt, ju palu;)ol ''Xj ja ®.l a� g u a j asuqaind ®j a. iajoj sjuama.unbai tunpud a j I as anuiuv panttiij spun luijuap!saj jo iaqwnu aqj ui as an I o a o j Slajg . j io ll -sjiujsdn spun 1 Ij a Isai i i x l jqtia Sq zasjjo aq pinomas a xa ui as a.o I si -jol ,Sllx,OS u apew pauiqtuo,;) o saipadoid oAij asa l -(molaq aid as ) pf SIt, a.III au ojointaul v 3iaas of a;).joj siom I a Isj a min a.i tuppud ql!mas March 28, 2018 TO: Planning Commission members Kelly Broughton and Staff FROM: Peter Watry Dear Planning Commission members: I have another meeting tonight which I have to go to - - I do not know if I'll be able to make the Planning Commission meeting at all. Nevertheless, I wish to put my two cents' worth in. In 1993, I was part of the Crossroads I group which attended all 36 meetings of the County Supervisors/City Council and the joint Planning Commissions meetings. We supported the final plan for Otay Ranch. Of course at the time, it was assumed that a trolley track would be built through the center of the development. But since the start of the implementation of the Otay Ranch Plan that was approved in 1993, I have been astounded at the very large increases in density that have been approved with almost every Village. The density of the Otay Ranch is now far higher than was originally approved. But what is, is. But the process of increasing the density over what was planned continues still with the Otay Valley Quarry plan, from 3.8 to 6.6 du/ac. In reading the environmental effects detailed in the Staff report, the sentence: "Adoption of a Statement of Overriding Considerations will are required should the decision makers choose to approve the project" appears over and over. The Otay Valley Quarry plan is at the edge of the entire Otay Ranch area and should be left as a Single-Family development with large lots as originally intended, so as to better `blend in' with the area further to the south. I urge you to at least continue this matter so that you and the public can begin to better understand the ramifications of this project. O*N REQUEST TO SPEAK CHULA VISTA PLANNING COTNINUSSION DATE: 'wish to speak.: Staff Recommendation: Public Comments ig Yes ❑ Support OR ❑ No Q Oppose agenda Item CITY OF RESIDENCE. M-MME: A REPRES NG- ' ADDRESS(Optioaial;to be used for staff contact purposes only): T'ELEPI-IOTN­E (Optional; to be used for staff contact purposes only): ADDITIONAL COMMENTS: Please give this request to the Board Secretary. *The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting Please see reverse for additional information. REQUEST TO SPEAK CHULA.VISTA PV KING COI�'MISSION _ = r y DATE: 971 Wish to speak: Staff Recommendation: Public Comments Yes Support OR. No ❑ Oppose Agenda Item T � CITY OF RESIDENCE: i�I�C 5r� A NANI, M 4 9 G c c4 C S-Co 614/2.--C=� REP S G: V f z ADDRESS(Optional;to be used for staff contact purposes only): ADDITIONAL COi� NTS: Please give this request to the hoard Secretary, **The Chair will indicate the amount of time allotted for spearing. � Thank you for participating in this meeting` 4 Please see reverse for additional information VIA REQUEST TO SPEAK CHULA VISTA FLAING COMMISSION DATE: Wish to speak: Staff Recommendation: Public Comments C4 Yes upport OR. -o 11 Oppose Benda Item r r CITY OF RESIDENCE: (� NAME: an & REI'p" SfilIT : ADDRESS(Optional;to be used for staff contact purposes only): TELEPHONE(Optional; to be used for staff contact purposes only): y ( P � P P y): �.. DDITIO'v 4L COkal rEi`��Ts � �1��� � " � t� Please give this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting Please see reverse for additional information REQUEST TO SPEAK 67 k CHULA VISTA PLANING CtOTNEMSSION ` 12- Wish to speak: staff Recommendation: Public Comments F Yes Support OR o ❑ Oppose agenda Ite�u 2 CITY OF RESIDENCE: 6kki L/15-F,4- NAME: A� r REPRFSUVI-ING: ADDRESS(Optional;to be used for staff contact purposes only): TELEPHONE (Optional; to be used for staff contact purposes only): ADDITIOI' AL CO-INEM NTS: Please give this request to the Board secretary. ***The Chair w-M indicate the amount of time allotted for speaking. Thank you for participating in this meeting Please see reverse for additional information J REQUEST TO SPEAK CCTLA VISTA P COMMISSION DATE: Wish to speak: Staff`Recommendation: Public Comments Yes ❑ Support OR ❑ No ❑ Oppose Agenda Item z --'" ,. ...... CITY OF RESIDENCE: NAME: VI - - L-1 (4 REPRESENTING: .ADDRESS(Optional; to be used for staff contact purposes only): TELEPHONE (Optional;to be used for staff contact purposes only): ADDITIONAL COYIYIENTS: Please give this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting'♦ Please see reverse for additional information REQUEST TO SPEAK HULA.VISTA PLANNING rCQI II SION C S - DATE: -,/Z y%r k Wish to speak: Staff Recommendation: Public Comments Yes &Support OR ❑ No ❑ Oppose Agenda Item T�-- CITY OF RESIDENCE: `,' /1 P r c c �, ), 6 P r NA.NIE: 0/4' C-,k- /Y) f C. t~ REPREtSMNUNG: O1 ADDRESS(Optional; to be used for staff contact purposes only): ADDTTIONAL COT LMENTS: Please give e this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking, 'IE Thank you for participating in this meeting 4 Please see reverse for additional information REQUEST TO SPEAK CHUB.VISTA. PLANNING +COMMISSION R` DATE: Wish to speak. Staff Recommendation: Public Comments 0 Yes upport OR lilo ® Oppose agenda Item.T CITY OF RESIDE`;CE: Sao Pitqo NA TE e a+ REPRESEN ING: .ADDRESS(Optional;to be used for staff contact purposes only): : ADDITIONAL ca rTs. LQ6 - m ' a w g-h Please give this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speak-ing. Thank you for participating in this meeting 4 Please see reverse for additional information REQUEST TO SPEAK CHUIA VISTA PLANNING COMMISSION ;j DATE: r Wish to speak: Staff Recommendation: Public Comments 0 Yes Support OR - - No ®`Oppose Auenda Item T CITY OF RESIDENCE: --'- NAVIE: REPRESEI�G: 0. cam .ADDRESS(Optional;to be used for staff contact purposes only): / / _ TELEPHONE(Optional;to be used for staff contact purposes only): ADDITIONAL COTNINI IENtTS Please give this`request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting ♦ Please see reverse for additional information REQUEST TO SPEAK _CHUTAVIESTA.PLANNING CONEMSSION Fish to spear: Staff Recommendation: Public Comments F Yes .Support OR. 9 No D Oppose Agenda Item= CITY OF RESIDENCE: lelqjs,o \TAME: REPRESENTP G: k� l► '` ADDRESS(Optional;to be used for staff contact purposes only): TELEPHONE (Optional; to be used for staff contact purposes ADDITIONAL COTNU ENTS: Please give this request to the Board Secretary. * -The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting 4 Please see reverse for additional information Dear Concerned Community Member, The City of Chula Vista Planning Commission and City Council will be hearing a project entitled'A Portion of Village 4 SPA Plan',along with its Tentative Map and Environmental Impact Report soon. In fact the Planning Commission hearing has been set for March 281h at 6:00 p.m.in the Council Chambers. Please come out,and invite your neighbors and friends too,to share your thoughts and to get some of these concerning questions answered. The project seeks to intensify the land uses approved in the City's General Plan and the Otay Ranch General Development Plan taking the project from a small single- family village (with a minimum lot-size of 10,000 square-feet along Wolf Canyon) to a village with single-family, multi-family and high density apartments.This is being sought through the processing of an Otay Ranch General Development Plan Amendment,a Sectional Planning Area (SPA) Plan,a Tentative Subdivision Map and an Environmental Impact Report. The application does not include a General Plan Amendment,even though IT IS NOT IN CONFORMANCE WITH THE CHULA VISTA GENERAL PLAN.While Section 7.14 of the General Plan specifically allows for clustering in response to site constraints,it goes on to say that"the degree.of clustering should not result in housing types inconsistent to the area,such as creating multi-story, multifamily units in a single family designated area emphasis added}." Creating medium-high and high density apartments in a single family designated area is exactly what this project is proposing.They need a General Plan Amendment to do that. Futhermore,the applicant is trying to confuse the above`clustering' policy by trying to fabricate ways that high density apartments are allowed in low-density single family areas.The General Plan implementing zones that the applicant is trying to apply,are not relevant in the Otay Ranch planning area.The Otay Ranch GDP already implements the General Plan with a Land Use Designation of Low Medium Density Residential,which allows for single family residential units on medium sized lots ranging from 3 to 6 dwelling units per acre (see GDP Land Use Designations Table). Under clustering concepts,the GDP allows for single-family dwellings on smaller lots,zero lot line homes and some single-family attached units (townhomes and patio homes). It does not allow for apartments and requires a General Plan Amendment to allow them.Unless the project is completely consistent with the GDP (which this one is not),a General Plan Amendment is required.Almost every SPA Plan processed to date had a General Plan Amendment associated with it. How can this one be different? There is a reason that the Otay Ranch GDP considered this a "Specialty Village", and that is because it was intended to be a low density single family neighborhood,not a dense and intense mixed use village like many of the others. It never included a mixed use core and higher density housing because it is inappropriate for the I isolated large lot single family development planned for in the GDP and General Plan. QUESTION 1 that someone should ask of the Planning Commission/Staff- WHERE IS THE APPLICATION FOR A GENERAL PLAN AMENDMENT GIVEN THAT THIS PROPOSAL IS NOT IN CONFORMANCE WITH THE CHULA VISTA GENERAL PLAN, IN THAT IT IS CLUSTERING TO SUCH A DEGREE THAT IT IS TRYING TO FORCE APARTMENTS INTO SINGLE FAMILY DESIGNATED AREAS? QUESTION 2 -WHY DOESN'T THE EIR INLCUDE AN ALTERNATIVE BASED ON THE EXISTING LAND USE DESIGNATION?The Reduced Alternative is not the same as utilizing the existing land use designation. How many homes can this site really hold in conformance with the adopted General Plan and General Development Plan?Why was this never looked at? QUESTION 3 -AS STATED IN THE STAFF REPORT- IF THE REDUCED DEVELOPMENT ALTERNATIVE MEETS MOST OF THE PROJECT OBJECTIVES, REDUCES PROJECT IMPACTS AND IS THE ENVIROMENTALY SUPERIOR ALTERNATIVE WHY DOESN'T PLANNING COMMISSION SEND STAFF BACK TO WORK WITH THE APPLICANT ON A SPA PLAN THAT MEETS THAT ALTERNATIVE? This seems like a win-win. Less units equals fewer traffic impacts, etc.and it also might have the added benefit of reducing some of the other Significant and Unmitigated Impacts to Below a Level of Significance. The applicant will go into reasons why this alternative does not meet the project objectives,but remember these objectives are written by the applicant with the intent of only their"project" meeting them all.Ask staff to explain which of the objectives this alternative does not meet and why the proposed project is better. QUESTION 4-HOW CAN ANYONE KNOW IF THE GDP AMENDMENTS WERE ADEQUATELY ANALYZED IF THE AMENDMENTS WERE NOT EVEN CREATED UNTIL FEBRUARY 6, 2018,MONTHS AFTER PUBLIC REIVEW WAS COMPLETED? The proposed GDP Amendments were not available to the public at the Planning counter during public review.They were created after the public review period. In fact the GDP Amendment document is dated February 6, 2018, months after the public review period ended on December 6, 2017.This seems to go completely against CEQA disclosure principals and the EIR should be re-circulated so that the public has a chance to see all of its components at the same time. Give the public a chance to provide comments,rather than hide portions from them and create proposals in the dark. QUESTION 5 -THERE ARE MULTIPLE OWNERS OF DEVELOPMENT AREAS WITHIN VILLAGE 4.ASK STAFF TO BREAK DOWN THE OWNERSHIPS AND HOW MANY UNITS ARE ASSOCIATED WITH EACH OWNERSHIP. This owner does not own the rights to 350 units in Village 4,unless the adjacent owner waives their rights. Is there a letter waiving Vulcan Quarry's rights to residential development?Telling a property owner that they can go ask for a General Plan Amendment to recoup their units that you gave to another property owner puts the City in legal jeopardy. I QUESTION 6-ASK STAFF TO IDENTIFY ALL OF THE DEVELOPMENT AREAS IN VILLAGE 4 (INLCUDING THE VULCAN QUARRY DEVELOPMENT AREAS) There are i other development areas within Village 4 that are not owned by this applicant,but approval of this Tentative Map will landlock these parcels topographically.Access to Vulcan Quarry's northern development area needs to come through Village 4 as accessing it through the Quarry would be topographically infeasible. Until those development areas are removed from the GDP,Vulcan Quarry has rights to residential units in two areas,regardless of their Reclamation Plan. QUESTION 7-THE OVERALL VILLAGE IS PROPOSING TO BE SHRUNK FROM 527.8 ACRES TO 371.1 ACRES,WHERE IS THAT LAND GOING AND WHY DIDN'T THE TOTAL NUMBER OF UNITS ALSO SHRINK? QUESTION 8-WHY WOULD THE CITY CHOOSE TO TAKE MONEY FOR A PARK RATHER THAN REQUIRE THE APPLICANT TO PROVIDE ONE?The City has been collecting money for the community park adjacent to this village for over 20 years and it still has not been built.The applicant should build the park for its residents to enjoy at the same time as the development.Why should these residents have to get in their automobiles and travel to a park in another village? QUESTION 8 - IF OTHER VILLAGES ARE FISCALLY NEGATIVE FOR YEARS, TYPICALLY UNTIL RETAIL, COMMERCIAL AND/OR OFFICE IS BUILT,HOW CAN THIS PROJECT BE FISCALLY POSITIVE IN YEAR TWO? A quick look at the neighboring village's fiscal (for Village 8 West) shows that it will be fiscally negative for between 9 years and forever (depending on the real inflation rate) with deficits ranging from$87,000 to $269,500 yearly.What is alarming is that Village 8 West includes 50,000 square feet of office and 250,000 square feet of retail (the things that drive revenues and help fiscal impacts become positive). Something is inconsistent in these two fiscal analyses and it seems unlikely that this "residential only"project would fiscally outperform one with 250,000 square feet of retail. Please get an explanation as to why that might be.The difference between the Applicant paying a one-time$85 for each unit to cover supposed deficits (as described briefly in the staff report) and the$87,000 - $269,500 yearly deficits laid out in the Village 8 West Fiscal Analysis should be considered carefully. QUESTION 9 - IF THE CITY HAS DETERMINED THAT THERE IS A CRISIS IN THE AMOUNT OF STAFFING FOR PUBLIC SAFETY EMPLOYEES, HOW CAN THEY EVEN CONSIDER THIS PROPOSAL UNTIL AFTER THE Yi CENT SALES TAX VOTE FOR PUBLIC SAFETY? PLEASE URGE THE PLANNING COMMISSION TO CONTINUE THIS PROJECT SO THAT A GENERAL PLAN AMENDMENT CAN BE ADDED, THE EIR CAN BE RE-CIRCULATED, UNIT COUNTS AND ACCESS TO OFF-SITE PARCELS CAN BE ADDRESSED, AND THE PROCESS CAN BE DONE RIGHT. March 28, 2018 Planning Commission Meeting Agenda Item No. 2 PORTION OF VILLAGE FOUR ERRATA SHEET The following attachments to the staff report contain revisions to what was previously forwarded to the Planning Commission for review for tonight's meeting. Attachment 4 SPA • Delete text of Section 5.3 (Park Requirements) and replace Table 5.1 to reflect correct way to calculate park land dedication requirement. PFFP • Replace existing Exhibit 3 (pg. 16)to reflect correct/updated Site Utilization Plan Attachment 7 PC Resolution for MPA17-0006; PCM15-07; PCS15-03 • Change Page 1 of Resolution to reference both an Exhibit"A"and an Exhibit`B" • Add a new Exhibit"A" for the location of the GDP Amendment • Add a new Exhibit`B"for the location of the SPA and TM Attachment 9 Draft City Council GPD Resolution • Replace existing Exhibit 1 with a new Exhibit 1 which reflects the correct boundary for the requested GDP Amendment Attachment 11 Draft City Council TM Resolution: • Change Page I of Resolution to replace reference to Exhibit"A"to reference to"Exhibit 1" Exhibit 2-Village Four(CVT15-03) Tentative Map Conditions 0 Delete TM Condition 40 as it is not applicable to the proposed project. ATTACHMENT 4—SPA DOCUMENT Original language of document sent to Planning Commission for Review (with strike-out of portion to be revised) 5.3 Park Requirements According to the Otay Ranch GDP and the Quimby Act, this Portion of Village Four is obliged to provide 3 acres of parkland for every 1,000 residents. Baden a Village Feur rfejt-e� Fasident pepulation of 956 per-sons (2.59 per-sons per- heasehold (pph) fer- m-ulti family and 3.3 pph for- single famil�q, appr-eximate!5, 2.87 aeres of par4dand is required by the GDP (see Table 5.1). Table 5.1 GDP Park Obligation Required Acreage Number of Units Persons per Household Population (3 acresl1,000 residents) _277. lti-f—ARAily 2:59 45 2_44 73 sir+gle-€@Maly 34 244 359 nits WA 56 2-363 New language (clean version) 5.3 Park Requirements According to the Otay Ranch GDP and the Quimby Act, this Portion of Village Four is obliged to provide 3 acres of parkland for every 1,000 residents. (see Table 5.1). Table 5.1 GDP Park Obligation Total Acreage Unit Type Target Number of Units Park Area1DU Single Family 73 460 0.77 Multi-Family 277 341 2.17 Total N/A 2.94 N/A=not applicable. ATTACHMENT 4—PFFD ORIGINAL EXHIBIT 3 oRopEG, As'' 71, J f PNOJEGf „ry,y y > 4*�C ..Jr'"" f. �, BOUJO�RY ! LEGEND uanr HIGH DENSI (R-3) f MEDIUM DENSI (R-2A AND R-2B) LOW-MEDIUM DE TY(R-1) COMMUNITY PURPO FACILITY(CPF) OPEN SPACE(OS) __. OPEN SPACE PRESERVE( P) Source:Otny Ranch Portion of Fillage 4 SA4 Plan November,2016 hibit 3 Portion of Village 4 Site Utilizatio Plan 16 Otay Ranch Portion of Village 4 SPA PFFP ATTACHMENT 4-PFFP NEW EXHIBIT 3 OTAY RANCH VILLAGE 3 AND A PORTION OF POTENTIAL VILLAGE 4 NORTH , FUTURE LEGEND ♦ PEDESTRIAN ACCESS R RESIDENTIAL `♦ %iJ4\ OS-9 OTAY CPF COMMUNITY PURPOSE FACILITY ° %` RANCH VILLAGE OS OPEN SPACE ♦♦ R-3 , OS-1 s WEST OSP OPEN SPACE PRESERVE ,® / PROPOSEDMSCP $�r r ®® BOUNDARY - P r R-1 ii '��` OS-2 S'� aS-10 SPA ♦ OSP-PRESERV R-2a ' h' BOUNDARY OS-8 CPF-1 OS-11 S_ OS-4 OSP-PRESERVE , R-� 4 ,- SPA R-2b BOUNDARY OS-10 OS-5 OTAYRANCH I OSP-PRESERVE GPF-2 VILLAGE 3 1 OS-6 WOLF ! J OS-7 CANYON OSP-PRESERVE B e OS-12 / UTILI MacoESS OSP-PRESERVE EASEMENT y 1 NAP`S®®".r N MSOPBOUNDARY A i N Ili N1 E 1 � / S EXISTING SALT CREEK SEWER INTERCEPTOR/ GREENBELT TRAIL Exhibit 3 Portion of Village 4 Site Utilization Plan 16 Otay Ranch Portion of Village 4 SPA PFFP ATTACHMENT 7 PC Resolution MPA 17-0006;PCM15-07; PCS 15-03 March 28,2018 Page 3 EXHIBIT A—SITE LOCATION MAP ORIGINAL I OTAY LANDFILL t I 1 1 1 SR 125 ,ECT / mo LOC ON I vlSt ofC�'Uina G1tySan Q1e LOCATOR ORTH Pcm-1 5-O ATTACHMENT 7 PC Resolution MPA17-0006;PCM15-07; PCS 15-03 March 28,2018 Page 3 EXHIBIT A—SITE LOCATION MAP (GDP) NEW I Ell 1 tr OTAY LANDFILL �r Village 4 1 1 Pr 'ect Site 1 (within 1 Village 4) SR 125 Village 4 1 9c� �a 1 f ChUtQ�tsto ; ottl o of Sin p to LOCATOR NORTH PCM-151-07 ATTACHMENT 7 PC Resolution MPA17-0006;PCM15-07; PCS 15-03 March 28,2018 Page 4 EXHIBIT B—SITE LOCATION MAP (SPA AND TM) NEW Q t t ♦ ♦ OTAY LANDFILL �t t t t t SR 125 PROJECT ' c� LOCATION r' Gh�iaVl5td •--'� it, ofo f Spn�je °% itY �e ee LOCATOR NORTH PCM-15-07 ATTACHMENT 9 Resolution 2018 - Page 5 of 5 EXHIBIT 1 —SITE LOCATION MAP ORIGINAL 98 ' ❑ w t OTAY LANDFILL �® 0 0 SR 125 IECT LOC ON ► of jstp � G+Cy SAS Die �e 1ty Of LOCATOR ORTH -1 5. ATTACHMENT 9 Resolution 2018 - Page 5 of 5 EXHIBIT 1 —SITE LOCATION MAP NEW { NMI P 1 1 { r 1 ♦ OTAY , LANDFILL �r r Village 4 1 I Project Site j (mthin Village 4) SR 125 Village 4 r a r o{Chui°`ViStu ♦ city ofS�npie +♦♦ tty '1 1 6 LOCATOR NORTH Pcm-1 5.07 ATTACHMENT 11-DRAFT CITY COUNCIL TM RESOLUTION Original Language (in strike-out/underline) WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit Al, attached hereto and incorporated herein by this reference and for the purpose of general description consist of approximately 166 acres located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest (Project Site); and New Language WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit 1, attached hereto and incorporated herein by this reference and for the purpose of general description consist of approximately 166 acres located on the east side of Wolf Canyon, straddling the future extension of Main Street from La Media Road to the north and to Heritage Road to the southwest (Project Site); and Exhibit 2 - TM Conditions Existing Language for TM Condition No 40 Unalleeated Units: 1. Should Applieant ehoese to build "Unalleeated Units" withifi a peftion Of Village FE)HF--a HOW �Map and Fiseal impaet Analysis will be r-equir-ed for-the site(s)-. New Language Delete Condition 40 in its entirety