HomeMy WebLinkAbout2019 PC Packet 05.22 Cruor
C1iU AVI5TA
BoardsCity of Chula Vista
Planning Commission
REGULAR MEETING OF THE CITY OF CH ULA VISTA
PLANNING COMMISSION
May 22, 2019 Council Chambers
6:00 p.m. Public Services Bldg A
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Commissioners Burroughs, De La Rosa, Milburn, Nava,Torres,Zaker, and
Chair Gutierrez
i
MOTIONS TO EXCUSE:
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
i
OPENING STATEMENT:
PUBLIC COMMENTS:
j
An opportunityfor 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 I
may not exceed three minutes.
CONSENT ITEMS: {
E
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. I
s
PUBLIC HEARINGS
I
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 City
Clerk prior to the meeting.
PUBLIC HEARING
1. Public Hearing: 1) Consideration of Addendum (IS17-0005) to Final Environmental Impact
Report (FEIR) 02-04; 2) Consideration of an amendment to the Otay Ranch
Freeway Commercial GDP tMPA17-0012), SPA Plan (MPA17-0011) and
associated regulatory documents, including Planned Community District
Regulations, and Design Plan to reflect the addition of 300 multi-family
residential units with — 1 — iay Commercial North (FC-2);
Planning Commission Agenda
Page-2-
May 22, 2015
3) Tentative Subdivision Map (PCS 19-0001); 4) Development Agreement
amendment,Supplemental Public Facilities, and Finance Plan; and 5) Design
Review (DR17-0037) for a mixed-use project consisting of 578 apartment
units and 15,000 sq.ft.of commerda€ retail.
Staff Recommendation: That the Planning Commission conduct a public hearing and adopt the
proposed resolution recommending that the City Council:
1. Consider the third Addendum to FEIR 02-D4;
2. Approve a resolution amending the Otay Ranch GDP;
3. Approve a resolution amending the Otay Ranch Freeway Commercial SPA Plan and Master
Precise Plan in accordance with the findings and subject to the conditions contained therein;
4. Approve an ordinance modifying the Freeway Commercial PC District Regulations;
S. Approve an ordinance amending the Development Agreement for the FC-2 area of the Freeway
Commercial project, based on the findings and subject to the conditions contained therein;
6. Approve an ordinance amending the CPF Agreement for Otay Ranch Village 2, based on the
findings and subject to the conditions contained therein;
7. Approve a resolution approving a Tentative Subdivision Map, based on the findings and subject
to the conditions contained therein;and
8. Approve a resolution approving Design Review Permit ❑R17-0037 in accordance with the
findings and subject to the conditions contained therein.
OTHER BUSINESS
1. DIRECTOR'S REPORT:
2. COMMISSION COMMENTS:
ADJOURNMENT to the next Regular Planning Commission Meeting on lune 12, 2019
at 6:00 p.m., in the Council Chambers.
Materials provided to the Planning Commission related to any open-session item on this agenda.ore 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 WITII 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 5alvacion at(619)476-5391{California Relay Service is available for the hearing Impaired by diallrig 7111 at least
forty-eight hours in advance of the meeting.
i
—2—
i
CHULA VISTA
PLANNING �
COMMISSION
AGENDA STATEMENT
........ .... . .
Item: 1
Meeting Date: 5122119
r
ITEM TITLE: Public Hearing: 1) Consideration of Addendum (IS17-0005) to Final
Environmental Impact Report (FEIR) 02-04; 2) Consideration of an
amendment to the Otay Ranch Freeway Commercial GDP (MPA17-
0012), SPA Plan (MPA17-0011) and associated regulatory documents, '
including Planned Community District Regulations, and Design Plan to
reflect the addition of 300 multi-family residential units within Freeway
Commercial North (FC-2); 3)Tentative Subdivision Map (PCS 19-0001);
4) Development Agreement amendment, Supplemental Public Facilities,
and Finance Plan; and 5) Design Review (DR17-0037) for a mixed-use
project consisting of 578 apartment units and 15,000 sq. ft, of commercial
retail.
APPLICANT: Baldwin& Sons
SUBMITTED BY: Stan Donn, AICP, Senior Planner
REVIEWED BY: Kelly Broughton,FASLA, Development Services Director
]INTRODUCTION
Baldwin & Sons;-LLC-("Applicant" or "Developer") is proposing to amend the Otay Ranch
General Development Plan. (GDP), Freeway Commercial Sectional Planning Area (SPA) Plan
and the associated Planned Community (PC) District Regulations in order to accommodate 300
additional multi-family residential units, maximizing land use potential within walking range of
the Otay Ranch Bus Rapid Transit (BRT) stop and ensuring transit-supportive densities near the
BRT line. The Applicant submitted a Design Review (DR) application for a 4- and 5-story
"Texas wrap" apartment project consisting of 578 units with a 5-level parking structure and j
15,000 sq. fl. of ground floor commercial. The project also includes an amendment to the Otay
Ranch Freeway Commercial North Development Agreement (DA) and an amendment to the
Agreement for the Provision of Community Purpose Facility (CPF) Acreage for Otay Ranch
Village 2. An Environmental Impact report (EIR) Addendum has been prepared in order to
provide additional information and analysis concerning land use impacts anticipated to result
from the proposed amendments. On November 16, 2017, the Applicant filed applications to
process all of the subject items.
- 3-
Planning Commission
May 22,2019
Page 2
PUBLIC OUTREACH
On February 1, 2018 the Applicant facilitated a community meeting at the Otay Ranch Library
Branch in the Otay Ranch Town. Center (The Hub). Four people from the public were in
attendance along with staff and the applicant team. The key issues raised at this meeting were
California Environmental Quality Act review, traffic impacts, pedestrian safety, and adequate
services citywide. Also, the residents expressed that there were more people who would be
interested in attending the meeting who did not receive the meeting notice. As a result of the
issues raised, staff and the Applicant informed those in attendance that a second meeting would
be held.
On March 12, 2018 the Applicant facilitated a second community meeting at the Otay Ranch
Residence Inn, which is located onsite at the Freeway Commercial SPA. Approximately 15
people from the public were in attendance along with staff and the applicant team. Similar
concerns were expressed at this meeting as the first meeting.
On October 16, 2018 the Applicant facilitated a third community meeting at the Otay Ranch
Residence Inn. Approximately 20 people from the public were in attendance along with staff
and the applicant team. Staff prepared a response to the issues raised by the residents at the
three public community meetings. The response matrix is provided as Attachment 10.
BACKGROUND
In. September- 2004, the .Freeway Commercial SPA Plan and Tentative Map were adopted,
entitling approximately 1,214,000 square-feet of commercial uses: 867,000 square-feet on
Freeway Commercial South (FC-1) and 347,000 square-feet on Freeway Commercial North
(FC-2); In May of 2015, in-conjunction with a first Addendum to FEIR 02-04, General Plan
(GP) and General Development Plan (GDP) amendments (Resolution No. 2015-114) entitled
the development of 600 multi-family residential units and mixed use commercial consisting of
15,000 square-feet of ground-floor commercial retail, and a 2-acre highly amenitized urban
park, and ensured the development of two hotels within the FC-2 portion of the SPA. A
Development Agreement was adopted by Ordinance No. 3345 on June 29, 2015.
In September of 2016, a second Addendum to FEIR 02-04, amendments to the Otay Ranch
Freeway Commercial SPA Plan and: associated regulatory documents (Resolution 2016-187);
Tentative_ Map _-CVT -15-0007 _(Resolution 2016-188); Design Review Permit DR16-0030
(Resolution. 2016-189); and amendments to the Freeway Commercial SPA'S Planned
Community District Regulations (Ordinance 2016-3376) entitled and implemented the
development concept of the GP and GDP for a transit-oriented, mixed use project with two
hotels.
The 36-acre FC-2 site is currently approved for a Mixed-Use land use including 600 multi-
family residential units; a 2-acre park; 15,000 sq, ft. of commercial; and two hotels. The
walkable, transit-oriented, mixed-use neighborhood will be a mix of apartments, multi-family
townhomes, two hotels, a park and 15,000 sq. ft. of ground-floor retail/commercial space.
Previously approved multi-family condominium units are under construction west of Town
— 4—
Plawun Commission
May 22,2019
Page 3
Center Drive and the Marriott Residence Inn has been operating since October of 2017. Park
construction plans are in review for the 2-acre highly amenitized urban park. The drawings for
the second hotel will be considered for approval in 2019.
The Applicant is now requesting amendments to the Otay Ranch GDP, Otay Ranch Freeway
Commercial SPA Plan and its associated documents, and the Development Agreement to add
300 additional units (for a total of 900 units)to accommodate a mixed-use project consisting of
578 apartments; 15,000 sq. ft. of commercial uses; and two integrated parking structures in lieu
of a surface parking lot on two lots consisting of 10.4 acres (DRI 7-0037).
f
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act(CEQA) and has determined that the project is covered in
the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area .(SPA) Plan - Planning Area 12 (FEIR 02-04)
(SCH#19$9010154). The Development Services Director has determined that only minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Service Director has caused
the preparation of a Third Addendum to FEIR 02-04.
RECOMMENDATION
That the Planning Commission conduct a public hearing and adopt the proposed resolution
recommending that the City Council:
1. Consider the third Addendum to FEIR 02-04;
2. Approve a resolution amending the Otay Ranch GDP;
i
3. Approve a resolution amending the Otay Ranch Freeway Commercial SPA Plan and
Master Precise Plan in accordance with the findings and subject to the conditions
contained therein;
Approve an.ordinance modifying the Freeway Commercial PC District Regulations;
5. Approve an ordinance amending the Development Agreement for the FC-2 area of the
Freeway Commercial project, based on the findings and subject to the conditions
contained therein;
6. -Approve an ordinance amending the CPF Agreement for Otay Ranch Village 2, based
on the findings and subject to the conditions contained therein;
7. Approve a resolution approving a Tentative Subdivision Map,based on the findings and
subject to the conditions contained therein; and
8. Approve a resolution approving Design Review Permit DR17-0037 in accordance with
the findings and subject to the conditions contained therein.
DISCUSSION:
Addendum to MR 02-04
— 5—
Planning Cormnission
May 22,2019
Page 4
Section 21002 of the 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. The Freeway Commercial SPA was analyzed in the
previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR 02-04) (SCH
#1989010154). The First Addendum to the FEIR was approved for the General Plan and Otay
Ranch General Development Plan Amendments in May 2015. The Second Addendum to the
FEIR was approved for the SPA Plan Amendment in September 2016. The First and Second
Addendums to the FEIR analyzed the impact of the General Plan, General Development Plan
and SPA Plan amendments,based.on the urban, mixed use development proposal. As a result of
this analysis,the basic conclusions and impacts identified in FEIR 02-04 were determined to not
have changed. The land use and public service impacts for the proposed project are found to be
less than significant and were adequately covered in FEIR 02-04 for the previous two
Addendums. Therefore, in accordance with Section 151.64 of the CEQA Guidelines, the City
has prepared the Third Addendum. to the FEIR. The Third Addendum. provides an
environmental analysis of the potential impacts associated with implementing the proposed
Freeway Commercial. SPA Plan and Master Precise Plan Amendment. As a result of this
analysis, the basic conclusions and impacts identified. in FEIR 02-04 were determined to not
have changed. The land use and public service impacts are found to be less than significant for
this. SPA Plan amendment, Design Review and Tentative Map proposed project and were
adequately covered in FEIR 02-04.
GDP,SPA Plan and DA Amendment(s)
= 1. Location,Existing Site Characteristics,and Ownership
The Freeway Commercial SPA Plan area is generally located south of Olympic Parkway, north
of Birch Road, east of State Route 125 and west of Eastlake Parkway (see Locator Map,
Attachment 2). This amendment is limited to the FC-2 portion of the SPA Plan,located between
-Olympic Parkway and the existing Otay Ranch Town Center mall.
The project is located within a 107minute walk of the Otay Ranch BRT station, a major transit
hub with an express connection to downtown San Diego, as well as next to bus stops serving 2
-local routes-connecting the project to Southwestern College and the H Street Transit Center,
which is a Blue line trolley stop. Both BRT and local buses will connect the project to the
Millenia Office Campus with its 1.4 million sq. ft. of office space, immediately south of Birch
Road. University and Innovation District future development is a 20-minute bicycle ride and
will also be connected via transit routes.
The FC-2 mixed-use district is currently under construction, in various stages of completion.
One of the two hotels,the Residence Inn by Marriott,has been open since October of 2017. The
second hotel is in the design development phase and will be submitted for review in 2019. Two
condominium neighborhoods west of Town Center Drive are in early phases of construction.
The public park received City Council approval in September 2018 and is currently in the
construction permitting phase. The eastern portion of the FC-2 site remains vacant and
- undeveloped. FC-2 is an infill development surrounded by existing roads, utility services,
schools, hospitals, retail centers and entertainment. It is within a ten-minute walk of the Otay
Ranch Town Center mall with its 23 restaurants, movie theater and library, within a 20-minute
walk of the Marketplace at Windingwalk containing a Vons grocery store, 8 restaurants and 1 I
_6_
i
Planning Commission
May 22,2019
Page 5
various commercial services. Within a 20-minute bike ride, FC-2 residents can reach
Southwestern College, Eastlake Business Park, LA Fitness gym, Scripps Coastal Medical
Center, and Mattress Firm Amphitheater.
The eastern undeveloped portion of FC-2 is owned by Village II Town Center, LLC.
Existing General Plan, GDP, SPA Plan Land Use Designations and Land Use
General Plan ❑tay Ranch CV Municipal PC District Land Existing Land
General Code Zoning Use Designation Use
Development
Pian
Site— Commercial Retail Freeway Planned H--Commercial H--hotel
Freeway in FC-1 and Retail Commercial in Community Hotel RM—under
Commercial Commercial/Mixed FC-1 and (PC) RM -Multi-family construction
Use Residential in Freeway Residential for Multi-
FC-2 Commercial RIM--Multi- Family
and Mixed Use Family Residential;P,
in FC-2 Resid.IMixed Use RNIU,CIM-U
C/MU-Mixed-Use vacant.FC-1 {
CommIMF developed as
P-Park otay Ranch
Town Center
mall.
; Eastlake
Commercial Cornercial Retail NIA-the Planned Freeway Terraces
EastLake II Community Commercial-FC shopping j
Freeway (PC) center E
Commercial
Eastern Urban EUC(Millenia) ' Planned Gateway Mixed Use Wlenia
South Center Community Commercial District Commons
(PC) and Northeastern shopping
Neighborhood center and
District Multi-Family
Residential
Law-Medium Village 11 Planned RMI Fully
I East Residential,Mixed . Medium-High Community developed
Use Residential . : Density (PC) residential
i
Residential ;
Medium Village 6 Planned RMl and RM2 Fully
West Residential,Mixed Medium-High Community developed
Use residential, Density (PC) residential
Low-Medium Residential,
Residential, { Low Medium
Public/Quasi- Village Density
Public,Parks& Residential
Recreation
2. Project Description
The proposed amendment covers an addition of 300 units to the previously approved urban
mixed-use multi-family neighborhood. These additional units will achieve the higher density
and massing desired for an innovative smart growth design on the eastern portion of the project,
- 7-
Planning Cowffnission
May 22,2019
Page b
consistent with the existing Mixed-Use Residential (MUR) land use designation provisions. No
changes to the land use plan, hotels, 15,000 sq. ft. of commercial, or previously approved multi-
family neighborhoods on the west side of FC-2 are proposed. All of the additional units will be
allocated to RIMU, on the east side of the project. The project will consist of two separate lots
with a private street bisecting the two parcels. Lot 1 proposes a 4 to 5-story building with
.15,004 square-foot of retail along Town Center Drive and 237 apartment units, with the
apartments surrounding a 5-story parking structure. Lot 2 proposes a 4-story building with 341
apartment units that surround a 5-story parking structure. This form of development eliminates
the need for large areas of surface parking hots, allowing more space for parks and residential
amenities. By not having a surface parking lot;the project's open space area increases by 173%,
from 45,300 sq. ft. in the previous design concept to 123,600 sq. ft. under the subject plan, not
counting the interior building amenities. Conversely, the land area covered by parking was
reduced by 53%, from 173,004 sq. ft. in the previous design with surface parking to 81,200 sq.
ft. of garage footprint. The site plan for the mixed-use apartments now includes two large pools
(one in each building), three private parks, a playground, a dog run, amenitized outdoor
mingling areas with cabanas, fire pits, and hanging day beds, as well as approximately 10,000
sq. ft. of interior recreational space.
The 578-unit apartment mix is comprised of 56 studios, 290 one-bedroom units, and 232 two-
bedroom units. The floor plans range from approximately 600 sq. ft. to 1,200 sq. ft. with dual
master bedrooms, which allow for roommate living. This type of rental housing is especially
attractive to students,retail workers, and the future office campus employees,providing a range
of housing choices in the Chula Vista housing market, which is heavily skewed toward single-
family detached homes.
The 15,000 sq. ft.of proposed commercial space will be located on the ground floor in Building
A along Town Center Drive. This location provides commercial uses with optimal visibility
from the street and sets it as a gateway to FC-2, The sidewalk along ground-floor commercial
on Town Center Drive has been expanded from the standard 6-foot width to a 38-foot wide
pedestrian zone, including a 13-foot wide sidewalk and a 12-foot wide plaza with seating areas
and planters for an inviting pedestrian environment. The retail spaces provide large windows on
the ground floor, variation in fagade treatment,and seating for human-scale architecture.
The project -contains -transit and pedestrian-friendly elements throughout the site. Tree-lined
landscape parkways, setbacks to promote a comfortable pedestrian-oriented.environment, and
pedestrian-scale facade features on sidewalk-fronting buildings are proposed throughout the
development..--Several-way.finding signs will be installed on Town Center Drive directing
pedestrians to the BRT stations,library, and public park.
The following is an Analysis of the project approvals that were submitted as part of this
application:
ANALYSIS
1. Gtay Ranch GDP Amendment
The 4tay Ranch GDP provides a vision and direction for the planning of the Freeway
i
—g— i
I
I
Planning Commission
May 22,2019
Page 7
Commercial area, including the FC-2 subarea. The vision of the GDP for this area is the
provision of hotels and high density residential in a mixed-use urban character setting that
includes ancillary commercial uses and an urban park. i
The proposed amendment is consistent with the current land use designations and density
allowed by the GDP. A Mixed-Use district, which is the current approved land use district in
FC-2, allows a density range between 28-45 du/ac. With the additional 300 units, the overall
project density is 33.7 du/ac.
GDP amendments include updating project summary tables, population rates and number of
units to reflect the additional 300 units. ;
The comprehensive list of all the proposed GDP policies is located in Appendix B of Attachment
12.
2, Otay Ranch Freeway Commercial SPA Plan Amendment
i
With its mixed-use zoning, proximity to good transit service and existing commercial
developments, and good walking and cycling conditions, the FC-2 site meets the criteria for
high-density compact development. In accordance with General Plan Objective H3, "the
provision of new housing opportunities within mixed-use areas and at higher density levels,
particularly in transit focus areas and identified town centers, is encouraged. Mixed use and
compact developments. can result.-in easier access to goods and services, and increased
employment and business opportunities, and the creation of vibrant community places." The.
proposed density increase will allow FC-2 to fully maximize its land use potential within
walking range of the Otay Ranch BRT stop and ensures transit-supportive densities near the
BRT line. At 900 residential units, the project will be at the mid-range of the permitted density
for a Mixed-Use district. The apartments will have the highest density and will be located along
Town Center Drive and Olympic Pkwy. Lower density townhomes and condominiums are set
back towards the west side of the project site,thus providing a variety of housing types.
E
marks, Qpen Space & Trails
The FC-2 amendment triggers new fees for parks. With the additional 300 multi-family units, the
project parkland demand totals 7.05 acres based on Chula Vista Municipal Code (CVMC) Section
17.10. The project will meet its parkland obligation of 7.05 acres through two mechanisms. The
obligation of the previously entitled 600 residential units will be met through the provision of a 2-
acre -public park enhanced through additional amenities to a value equivalent to 4.69 acres of
parkland maintained through a Community Facilities District rather than the City General Fund,per
the Freeway Commercial North Development Agreement. Due to the lack of available land within
the project to site additional park acres, staff proposes to waive the Parkland Acquisition and
Development (PAD) Fee for units developed in excess of the original 600. The Applicant will
instead pay an equivalent in-lieu Park Benefit Fee to address the impacts from the proposed new
units. Based on current PAD fees,the Applicant will pay approximately$4,580,100 in Park Benefit
Fees if all 300 additional units are constructed. The Park Benefit Fees will be used to provide or
enhance parks that serve the City's eastern territories.
In accordance with the Otay Ranch Resource Management Pian (RMP), parcel FC-2 has a
—9—
Planning Commission
May 22,2019
Page 8
preserve land conveyance obligation of 40.761 acres that will be conveyed upon approval of the
first final map. In association with the original Final Map for this Project, Map 16291, 40.761
acres were conveyed to the Otay Ranch Preserve Owner Manager via recorded Open Space
Easement Doc# 2018-0325995.
Community Purpose Facilities
CVMC Section 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned
for Community Purpose Facilities (CPF) when creating a SPA Plan. With the additional 300
multi-family units,the Project will require 3.24 acres of CPF. In accordance with the provisions
of Section 5.3.2 of the amended Development Agreement for Freeway Commercial North, the
Applicant may satisfy its CPF requirement in any manner consistent with CVMC Section
19.48.025, which may include the provision of the CPF land offsite, alternative compliance, or
adjustments to the percentage limitations on the types of facilities, -including recreational
facilities, that may count toward satisfying the CPF requirement, all-in the discretion of the
Director of Development Services.
Freeway Commercial PC District Regulations Amendments
The PC .District Regulations amendment is limited to the mixed-use apartments where the
additional 300 multi-family units will be allocated. No changes are proposed to the Land Use
matrix,or the previously approved regulations for hotels and condominium projects.
The proposed revisions to the Development Standards are as follows:
Standard Currently Approved Proposed Cliange
Private Useable Studios, 1 bedroom, and units above first 60 sq. ft.per unit
Open Space story: 60 sq. ft.
Ground floor units:
80 sq. ft. for 2 bedroom units
100 sq..ft. for 3 bedroom units
Parking 1 bedroom units: 1.5 spaces/unit Add 1.0 space/unit for studios
2 bedroom units: 2.0 spaces/unit 4 spaces/1,000 sq. ft. for
3 bedroom units: 2.25 spaces/unit commercial mixed-use
Guest parking ratio of 0.33 is included in
above ratios.
Freewav Commercial SPA Plan Desi Guidelines Amendments
The Freeway Commercial North Design Plan was updated to include the proposed new site plan
for the apartments on the east half of FC-2. Specific design guidelines for residential and mixed
use commercial/residential are provided in the Master Precise Plan.
Public Facilities Finance Placa WFFP} and Fiscal ImptictAnalysis (FIAT
A PFFP has been prepared as a supplemental document to the original PFFP dated April 1,
2003. The Freeway Commercial North Supplemental PFFP for this project analyzes the
proposed 300-unit addition., any potential impacts on public facilities and services, and
identifies the facilities, phasing and timing triggers for the provision of facilities and services to
serve the project, consistent with the City's Quality of Life Threshold Standards. The PFFP
_ 1Q_
Planning Cor mission
May 22,2019
Page 9
describes in detail the cost, financing mechanism and tinning for construction of necessary
public facilities based on the project's proposed phasing.
The public facilities needed to serve the project will be guaranteed by placing conditions of
approval on the Tentative Map, requiring payment of various fees at the building permit stage,
and/or continuing payment of bond payments under the approved Community Facilities
Districts to finance or maintain public facilities. The PUP included an analysis of
transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal impacts of the
project.
The supplemental PFFP also includes a Fiscal Impact Analysis {FIA} of the Freeway
Commercial North plan and phasing program. The Freeway Commercial North Supplemental
FIA has been prepared using the City's current fiscal impact analysis model, It is important to
note that the FTA presents a projection of the anticipated fiscal impacts of the development,
based upon the best information currently available. Actual fiscal impacts as a result of the
development may vary from model outcomes.
i
Based on the FIA and the assumptions contained therein, both the currently approved project
and the proposed amendment are projected to generate a positive net fiscal impact to the City's
General Fund. The relative fiscal performance of the currently approved project and the
proposed project over the next 10 years are compared in the table below.
ear:,,
Revenues $0.65 $4.76 $1,83 $2.12 $2.24 $2.30
Approved Project Expenses ($0.41) ($0.13) ($0.42) ($0.67) ($0.68) {$0.69}
t ria''act
-'$ 1~46'
Revenues ..$0.65 $0.79 $2.04 $2.31 $2.37 $2.44
Proposed Project Expenses
{$0.01} { 0.13) ($0.72) ($0.98) {$4.99} ($1.01) �
Net m ct -
$4,65: : ::$ .GG 1:32 1`33
.. _.._�....P_a. := �,;. ,. . � r ... �... .-. .;-,$ . $ . ::. 1;38
Overall, comparing the projected net annual fiscal impacts in year 10 for the currently approved
project and the proposed project ($1.62 million and $1.43 million, respectively) indicates a
$0.19 million reduced annual positive fiscal impact.
Affordable Housing Plan
The Chula Vista General Plan Housing Element contains objectives, policies and action
programs to accomplish key affordable housing objectives. Key among these is the affordable
housing policy which requires that residential development with fifty (50) or more dwelling
units provide a minimum of 10% of the total dwelling units for low and moderate income
households; one-half of these units (5% of the total project) being designated for low income,
and the other half(5%)being designated for moderate income households.
Based on the entitlement of 900 residential units in FC-2, 45 low-income and 45 moderate-
income affordable units are required. These affordable housing units may be located either
within or outside the plan area.
_ 11 _
Planning Commission
May 22,2019
Page 10
An Amended and Restated Housing Development Agreement between the City of Chula Vista
and Baldwin and Sons was executed on September 21, 2417, which allows the Developer to
satisfy its affordable housing obligation from credits earned by the development of off-site
housing at the Olympic Training Center. The Project may satisfy its affordable housing
obligation through a combination of on-site and off-site units.
Water Conservation Plan
The City of Chula Vista's Growth Management Ordinance requires that all development of 50
units or more prepare a Water Conservation Plan (WCP) as park of the SPA Plan. This plan
presents a review of presently available technologies and practices that result in water
conservation. This plan identifies water conservation measures that will be incorporated into the
project as a condition of approval on the SPA Plan. A WCP, consistent with the current City
standards,has been prepared as a part of the proposed project. This 'SSCP covers additional land
uses proposed by this amendment.
The FC-2 WCP requires that residential development provide hot water pipe insulation,
pressure reducing valves and water efficient dishwashers. Non-residential measures include hot
water pipe insulation, pressure reducing valves and compliance with Division 5.3 of the
California Green Building Standards Code. In addition, to comply with the City's current water
conservation requirements, the developer will also include dual flush toilets and water efficient
landscaping. Together, these measures annually save approximately 8,850 gallons per multi-
family unit.
The_W__CP_also provides a discussion of the local water conservation requirements related to the
use of reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled
water for irrigation of parks, median landscaping, open space slopes, and common landscaped
areas. The Landscape Manual also requires some drought tolerant plant selection in the
landscaping plan and the use of evapotranspiration controllers for parks and common
landscaped areas. Additionally, the Landscape Water Conservation Ordinance is expected to
reduce outdoor water consumption due to the setting of strict water budgets on City approved
landscape plans that must not be exceeded. The use of recycled water and other water
.conservation measures is expected to reduce potable water usage by 53,385 gallons per day
(gpd),or 24%.
The proposed conservation measures outlined above, and identified in the FC-2 WCP, comply
-with.-the City of Chula Vista's Growth Management Ordinance and the goals, objectives and
policies of the City's General Plan and the Otay Ranch GDP. See the Water Conservation Plan
section of the SPA Plan.
Air Quality Improvement Plan
The City has included a Growth Management Element (GME) in its General Plan. One of the
stated objectives of the GME is to actively plan to meet federal and state air quality standards.
This objective is incorporated into the GME's action program. In addition, the City's Growth
Management Ordinance (CVMC 1.9.09)requires that an Air Quality Improvement Plan (AQIP)
be prepared for all major development projects (50 dwelling units or greater) as part of the SPA
— 12 —
Planning Commission.
May 22,2019
Page 1l
Plan process. A new AQIP has been prepared by Criterion Planners for the FC-2 SPA
amendment to comply with the City's current AQIP Guidelines.
S
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result
from development and to demonstrate how the project's design reduces vehicle trips, maintains
or improves traffic flow, reduces vehicle miles traveled and reduces direct or indirect
greenhouse gas emissions. FC-2 is considered as an infill project site whose AQIP value
derives in large part from existing surrounding uses interface with the project site. In accordance
with the AQIP Guidelines that allow for utilization of other "equivalent" alternative programs
such as LEED ND to demonstrate compliance with INDEX thresholds,AQIP analysis for FC-2
was completed using the LEED-ND rating system in lieu of INDEX indicators.
Based on the FC-2 project site characteristics, proposed development plan, and surrounding
conditions, the AQIP analysis finds that FC-2 scores the equivalent of 56 points, which would
earn a Silver certification under the LEED-ND rating system. Criterion Planning was the expert
consultant, who in conjunction with City staff worked on the original development of the
INDEX indicator thresholds for the City. Based on their experience with the INDEX model and
certifying over 100 LEED-ND projects nationally, the consultant concluded that the base ND j
certification of 40 points is the functional equivalent of INDEX indicator thresholds. A score of i
56 points exceeds the INDEX thresholds and demonstrates clear AQIP compliance.
Fare Protection Plant (FPP)
As determined by the Fixe Chief, this project does not require a FPP because it is considered an
infill site that is surrounded by manmade slopes and development. E
3. Master Precise Plan Amendment
Master Precise Plan text and exhibits were updated to reflect the proposed new site plan for the
apartments on the east. half of FC-2. Overall, the apartment project is consistent with the
previously established architectural theme of development and its character of a compact
walkable urban community. The new wrap style buildings carry the Santa Barbara design theme
of Otay Ranch, with its own unique elements of Spanish Eclectic and Contemporary California
to complement the design theme of the surrounding neighborhoods.
i
4. Development Agreement Amendment
The Development Agreement is amended to allow for up to 940 residential units and associated
development triggers for provision of the second hotel, community purpose facilities, and park
requirement updates. In addition, the amendment waives the City's PAD fee and requires an in-
lieu-Park-Benefit Fee for any residential units constructed in excess of the originally approved -
600.
5. Village 2 CPF Amendment
The PA-12 Development Agreement allows for provision of CPF land offsite. This project
includes an amendment to Applicant's Village 2 CPF Agreement, which will change the timing
of the delivery of the.CPF land. This will ensure that the Applicant meets their CPF obligation
at whichever trigger occurs first,whether Village 2 or Freeway Commercial.
6. Tentative Map
- 13-
Planning Commission
May 22,2019
Page 12
The Applicant intends to build and operate the project as apartments. The purpose of the
tentative subdivision map is to allocate the additional 300 units to the RIMU land use district.
The tentative map creates 608 residential lots, 10 commercial lots, and 1,049 parking
condominium lots on 10.405 acres of land.
Project Access:
Access to the project area is provided from Olympic Parkway via Town Center Drive and
Promenade Street, a private street. All streets will conform to the guidelines set forth in the
Freeway Commercial SPA Plan and City of Chula Vista street design guidelines.
Subdivision Design:
The subdivision design consists of 2 multi-family residential lots and 1 private street lot. The
subdivision will allow a maximum of 608 residential units and 10 commercial units. Because
parking is provided in the common structure, the map creates 1,049 condominium parking
spaces.
Gradin:
The site is a triangularly-shaped lot bounded by Olympic Parkway on the north, Town Center
Drive on the west, Otay Ranch Town Center Mall on the south, and Eastlake Parkway on the
east. The east portion of Freeway Commercial was sheet-graded in 2002 as a single large pad,
mildly sloping (2%) from southeast to northwest, with a temporary sediment basin near the
intersection of Olympic Parkway and Town Center .Drive, The pad area is generally located
above the_adjacent streets, with a maximum slope height of approximately 10 feet above the
intersection.
The Applicant must -obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of building permits in accordance with CVMC Chapter
15.05. The Applicant must also submit grading plans in conformance with the City's
Subdivision Manual and the City s Development Stonn Water Manual requirements.
7. Design Review
The project includes a Design Review permit (DR17-0037) for a 578-unit multi-family
development with 15,000 sq. ft. of ground floor commercial, which is consistent with and
implements the intent and design vision contained in the Freeway Commercial North Design
Pian and Master Precise Plan(MPP).
Project Site Characteristics:
The-10.4-acre Project site is located within neighborhood R1MU and CI1V1U in the eastern
portion of Freeway Commercial North, on a vacant, flat and mass graded parcel east of Town
Center Drive. It is bordered by Olympic Parkway on the north, Town Center Drive on the west,
Otay Ranch Town Center mall on the south,Eastlake Parkway on the east.
Project Description:
The project consists of two separate lots with a private street bisecting the two parcels. Lot 1
(Building A) proposes a 4 to 5-story building with 15,000 square-feet of retail along Town
Center Drive and 237 condominium units around a 5-story parking structure. Lot 2 (Building B)
proposes a 4-story building with 341 apartment units around a 5-story parking structure. There
is direct access to residential units from each level of the parking garage through interior
— 14—
Planning Commission
May 22,2019
Page 13
corridors. For Lot 1, the apartment unit mix is comprised of 32 studios, 117 one-bedroom, and
88 two-bedroom units. For Lot 2, the apartment unit mix is comprised of 24 studios, 173 one-
bedroom, and 144 two-bedroom units. For the total of 578 units in both buildings, the unit mix
is as follows: 10% studios, 50% 1-bedroom, and 40%2-bedroom units. There are two different
floor plans for a studio, five floor plans for a one-bedroom, and six floor plans for a two-
bedroom unit. Each unit has a minimum 60 sq. ft.balcony
The Project meets the required open space and parking for the site. Private open space is
provided by balconies at each residential unit, Common open space is provided by several
courtyard areas, private mini parks, two swimming pools — one at each building, dog park, tot
lot, and two project entry park areas. There are two driveway entrances, one off of Town Center
Drive and one off of Promenade Street. Adjacent to the south of the project is the new BRT line.
Ground floor commercial is located entirely in building "A" along Town Center Drive. This
building also includes a leasing office. Both buildings have elevators and trash chutes.
Compliance with Development Standards:
The following Project Data Table shows Freeway Commercial SPA development regulations
along with the Applicant's proposal to meet said requirements:
t
3
I
Assessor's Parcel Number: 643-020-88-00
Current Zoning: RIMU and CIMU
General Pian Designation Mixed Use Residential
Lot Area: 10.4 ac
PARKING REQUIRED: PARKING PROPOSED:
Residential Residential
i
s
Lot 1, Building A• Lot 1,Building A:
1 space per studio(x 32 units) 401 spaces are provided(24 extra)
1.5 spaces per 1-bed(x 117 units)
2.0 spaces per 2-bedroom(88 units)
Total; 384 spaces
Lot 2,Building B• Lot 2 Buildin B•
1 space per studio(x 24 units) Total: 597 spaces are provided(25 extra)
1.5 spaces per 1-bed(x 173 units)
2.0 spaces per 2-bedroom (144 units)
Total: 572 spaces
Commercial: Commercial:
4 spaces per 1,000 sq. fl. of commercial Total: 67 parking spaces are provided(7
(x 15,000 sq, ft) extra)
Total: 60 spaces
Planning Commission
May 22,2019
Page 14
Setbacks/Height REQUIRED: Setbacks/Height PROPOSED:
Front: Subject to Design Review Front: Setback along Olympic Pkwy and
Side: Subject to Design Review Eastlake Pkwy: 18'
Rear: Subject to Design Review Side: Setback along Town Center Drive: 25'
Height: 75'* Rear: Setback along BRT guideway:10'
`Building features may exceed maximum height Height Bldg `A":
with Design Review approval. 84'-8"to 61'-8"along Olympic Pkwy.
79'-8"along Town Center Dr.
51'-10"along Promenade St.
Height Bldg `B":
61'-8"to 48'-11"along Olympic Pkwy.
48'-11"along Town Center Dr.
48'-11"along Eastlake Pkwy
58'-6" along Promenade St.
OPEN SPACE REQUIRED: OPEN SPACE PROPOSED:
Common Useable: Common Useable:
200 sq. ft.per unit x 578 units 115,665 sq. ft.
Total common space required: 115,600 sq.ft.
Private Useable: Private Useable:
60 sq. ft.per unit x 578 units 36,943 sq. ft. (2,263 sq. ft. over req.)
Total private space required: 34,680 sq. ft.
Compliance with Freeway Commercial SPA Design Guidelines
Staff is utilizing the Otay Ranch Freeway Commercial SPA Planned Community District
Regulations and the Freeway Commercial North Master Precise Plan to evaluate this project.
The applicable design criteria are first presented in italics followed by staff discussion, analysis
and staff'recommendation in non-italics.
Site Planning and Building Placement/Orientation:
• Encourage multi-modal street design. Enhance the pedestrian and cyclist experience.
■ Create courtyards and paseos, extending the park experience across Town Center Drive
to enhance pedestrian connections and provide a variety of places for people to
socialize and enjoy nature.
• Neighborhood streets should promote a social street life experience.
• Angled parking along Town Center Drive.
• Well de,f ned pedestrian circulation with pedestrian connection to nearby transit station.
Project design follows the above criteria.
— 16—
Planning Commission
May 22,2019
Page 15
To encourage multi-modal design, Town Center Drive is designed to provide sharrow markings
connecting the project to the existing bike lane route along Olympic Parkway. Back-in diagonal
parking along Town Center Drive prioritizes pedestrian and bicyclist safety and slows down
traffic. The project is providing a secure onsite bike storage facility. Pedestrian and cyclist
experience is enhanced with pedestrian-friendly features along the streets, such as tree-lined
landscape parkways, hardscape with pavers in special locations and tree wells to buffer
pedestrian sidewalks; setbacks to promote a pedestrian-oriented environment; pedestrian-scale
facade features on sidewalk-fronting buildings such as horizontal components, overhangs,
facade detail, display areas, and pedestrian seating along ground floor commercial frontage.
Streets include pedestrian-scale lighting in addition to street light poles and street trees.
Pedestrian breezeways are provided through the buildings in key locations to facilitate
pedestrian connections. Connection to local bus stations is provided via a direct route along
Town Center Drive to the bus stop on Olympic Parkway and via Promenade Street to the bus
stop on Eastlake Parkway. Connection to the BRT Park & Ride station is provided via Town
Center Drive, and along a palm tree-line pedestrian walkway through Otay Ranch Town Center 3
mall.
The innovative type of building, the so-called"Texas wrap" intrinsically encourages pedestrian
activity through the nature of its building configuration. Since the parking structure cannot be
seen from the street and greatly reduces surface parking, the project has an increased visual
appeal and safety(i.e. minimizing pedestrian and vehicular conflict). Additionally, this style of
architecture encourages pedestrian activity through a mix of uses, higher density and enhanced
pedestrian-oriented design.
3
Architectural Theme:
• Buildings shall use simple massing forms that convey solid construction techniques. The
design of all front or pedestrian-oriented building elevations shall clearly convey a
distinct base, middle, and cornice feature.
• Building massing shall be broken up subtly into smaller units to engage the streetscape
with pedestrian-scaled features.
Elevations shall be articulated to reduce the box-like appearance and visual impact of
repetitive rooflines. i
■ In larger buildings or groups of buildings, massing shall be accented with pronounced
horizontal or vertical massing features.. This may include a tower element, vertical stair
element, horizontal colonnade or horizontal succession of porches or trellis features, a
colonnade, projecting eaves, accented vertical parapet or offset parapets, or similar
design features.
• Large, uninterrupted wall planes are prohibited, Where entries, windows, glazing, or
other articulating features are not feasible, elevations shall be broken up with the use of
wall plane offsets, change in materials, andlor change in color.
The project design meets the requirements above.
The proposed buildings on the site will take on an aesthetic of abstract Spanish with elements of
contemporary California, which identifies with a lively urban lifestyle, but still rooted in
^ i7_
Planning Commission
May 22,2019
Page 16
history. Architectural elements such as awnings, balconies, and trellises are appended to the
building for interest and reducing mass. The buildings will employ mostly exterior plaster, but
accented with wood siding of various hues and finishes to add interest. Furthermore, in order to
avoid monolithic buildings of the same continuous height, the buildings are topped with gable
and hipped roof elements adjacent to flat, parapet roofs, adding to the contemporary nature of
the style.
Building"A" embodies the mixed-use element of the project with a more "Irving Gill" inspired
architecture, incorporating clean lines, varied roof elements, and arches. The area fronting
Town Center Drive will be lined with retail function, with accent materials such as stone and
wood siding materials, and a continuous storefront favade. Building "B" is all residential and
will have mostly exterior plaster with enhanced materials, including wood elements such as
siding and awnings. Both buildings will look different,but will complement each other through
massing,color,and materials.
Building "A," which is situated along Town Center Drive is composed of ground floor retail
serving the local residents and visitors, and 4 and 5 stories of multi-family residential units
above. Building "B" contains 4 levels of multi-family residential units. The design features
include:
• Primary enhanced architectural elements located at the corner of Town Center Drive and
Olympic parkway to the north and the Otay Ranch Town Center Mall parking lot entry to
the south.
• A park/plaza space, along with a secondary enhanced architectural element at the corner of
Town Center Drive and Private Drive.
• Special architectural enhanced facades along Town Center Drive and Centerpark public
park.
• Enhanced architectural elements at the corner of Promenade St. and Olympic Parkway.
The interface between Building"A"and Building"B"along Promenade Street are well-defined
• Both buildings employ courtyards that break up the massing along Promenade Street and
avoids long stretches of shadow for a more pedestrian friendly experience.
• The courtyards and walkways along Promenade Street are landscaped to enhance the
pedestrian experience.
• Amenity courtyards and vehicular entry drives for both buildings front each other, and
promote ease of pedestrian flow between buildings and social interaction.
• Vehicular entries occur at the same intersections for both buildings to minimize curb cuts,
minimizing potential.conflicts between pedestrians and vehicles.
Parking:
See Project Data Table above.
— 18—
Planning Commission
May 22,2619
Page 17
The project meets its accessible parking requirement of 3 American Disabilities Act (ADA)
spaces for commercial parking, 8 ADA spaces for residential parking in Building "A" and 12
ADA spaces for residential parking in Building"B." i
ripen Space;
The Freeway Commercial SPA regulations require 200 sq. ft. of Common Usable Open Space
per unit in the RIMU zoning district. The project requires 115,600 sq. ft. of Common Usable
Open Space for 578 units; a total of 115,665 sq. ft. is provided. The SPA Plan also requires 60
sq, ft. of Private Open Space per unit for a total requirement of 34,6.80 sq. ft.; a total of 36,943
sq. ft. is provided.
Storage.
Although the project is proposed as apartments, which do not require provision of storage space
that are required for condominiums, the project provides storage space for condominiums. For
studio and one-bedroom units, the required storage space is 150 cubic feet (cu. ft.); the project
provides 202-364 and 189-287 cu. ft., respectively. For two-bedroom units, the storage
requirement is 200 cu. ft, and the project provides 440 cu. ft. of storage space.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commission members and has found
no property holdings within 1,000 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)(7)
-or(8), for purposes of the Political Reform Act(Cal. Gov't Code §87100, et seq.).
Staff is not independently aware and has not been informed by any Planning Commission
member,of any other fact that may constitute a basis for a decision-maker conflict of interest in i
this matter.
i
1
CONCLUSION
Within Freeway Commercial North, the proposed integrated land uses, development intensities
and grading program directly implement the provisions of the City's GP and the Otay Ranch
GDP that foster "Smart Growth." The proposed project provides all of the public facilities
required by the stay Ranch GDP. The additional higher-density mixed use residential located
_ proximate_to_the_hotels,-park,-and ancillary retail commercial further implement pedestrian-and
transit-oriented policies and is in conformance with the goals, objectives and policies of the GP
and the Otay Ranch GDP. The Development Agreement contains specific triggers for the
provision of the second hotel, urban park and CPF.
CURRENT YEAR FISCAL IMPACT
All costs associated with preparing and processing the GDP, SPA Plan,Master Precise Plan and
Development Agreement amendments, EIR Addendum, Design Review, and all supporting
documents were borne by the developer, resulting in no net fiscal impact to the General Fund or
the Development Services Fund,
_ Ig_
Planning Commission
May 22,2019
Page 18
ONGOING FISCAL IMPACT
The proposed project results in an increase of 300 multi-family units within Freeway
Commercial North.
The Supplemental FIA for the Freeway Commercial North Amendment estimates an average
positive net fiscal impact of $1,184,595 annually over the next ten years. This represents an
average decrease of approximately$95,931 annually, as compared with the approved project for
the same period. See the following table for additional detail.
r
60.
. an
I 0-Year I 0-Year 10-Year
Cumulative Average Cumulative Average Cumulative Average
Projected
Revenues $ 17,571,885 $ 1,757,188 $ 18,997,264 $ 1,899,726 $ 1,425,379 $ 142,538
Projected
Expenditures $ 4,766,623 $ 476,662 $ 7,151,311 $ 715,131 $(2,3 84,6U $ 238,469
Projected
Net Im act IS 12 805,262 $ 1,280,526
$ 11,845,953 $1,1 84,595 $ 959,309 $ (95,931)
Attachments: 1. Locator Map
2. Planning Commission Resolution GDP/SPA/MPP/DAs/Addendum
3. Draft City Council GDP Resolution
4. Draft City Council SPA/MPP Resolution
5. Draft City Council PC District Regulations Ordinance
6. Draft City Council Ordinance for First Amendment to PA-12
Development Agreement
6a. Development Agreement Amendment
7. Draft City Council Ordinance for the First Amendment to CPF
Agreement for Village 2
7a. First Amendment CPF Agreement
8, Draft City Council Tentative Map Resolution
9. Draft City Council Design Review Resolution
10. Issues Response Matrix to Community Meeting(s) Comments
11. Disclosure Statement
12. Otay Ranch GDP, Freeway Commercial North SPA Amendments hinder,
Tentative Map,Design Review, and Third Addendum to FEIR 42-04, and
Technical Reports(flash drive)
—20—
�tt l�ip11#i1i1111i1i11i~�� ��'f ��I ■�� ��
�uut►n��tit�milsr ,
GJ �N1{1llflll, �■ +
lififll# �
�►� r*�� �tllf111111fi1 ♦�•
C1iy�y�� ■1111i11f1111f1 � 1 f' „'*���f ��` �I ;
�� t Jtltlli11lf11ilii � .�, ��
1�•• �IAI111111111i1i — �� ♦ ♦ ��
I��I►� lllrlrnitl111lltlli I � � �;• �'�; � •
�l►rnrllililllilll� ■�. ■,+� �� ::` � �'•'
Imp
ral FIR JEW
rrmllllllillilii 1�r•������•��� I� �• �1
21
mz
su
•'r■ r'n■ N■ rn,r Sr �R �_~ •1 l* ;l'�3i'L;'I!L .�
IMIS W W
Y y ,raa�
CHULA
h ��. a•an„,,.r
�l�fii► _ rpt ►�'
ll{111
•1
�� a►air �i
VISTA PLANNING BUILDING DEPARTMENT
LOCATOR PROIECT
-. - ■
PROJECT Freeway • - - ■,■ -r 1■
■■' Olympic Pkwy&TownCenter
THIS PAGE LEFT BLANK
-22 -
Attachment 2
RESOLUTION NO. GDPAIMPA 17-0012; MPA 17-0011;IS 17-0005; DR17-0037;
PCS 19-0001
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL:
1) CONSIDER THIRD ADDENDUM TO FEIR 02-04; 2) APPROVE
AMENDMENTS TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN (GDP); FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN, COMMUNITY
DISTRICT REGULATIONS,DESIGN PLAN,LAND USE DISTRICTS
MAP AND ASSOCIATED REGULATORY DOCUMENTS;
DEVELOPMENT AGREEMENT; AND OTAY RANCH FREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN FOR OTAY
RANCH PLANNING AREA 12 FREEWAY COMMERCIAL NORTH;
AND COMMUNITY PUBLIC FACILITY AGREEMENT
AMENDMENT FOR VILLAGE 2. 1
WHEREAS, the parcel, that is the subject matter of this resolution, is represented
in Exhibit A,attached hereto and incorporated herein by this reference,and for the purpose
of general description is located in the northern 36-acre portion of Freeway Commercial
Planning Area 12 of Otay Ranch(Project Site); and
WHEREAS, on November 16,2017, a duly verified application was filed with the
City of Chula Vista Development Services Department by Baldwin & Sons (Applicant) `
requesting approval of amendments to the Otay Ranch General Development Plan (GDP)
(MPA17-0012), Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan
(MPA17-0011), including the Planned Community District Regulations,and Design Plan;
Master Precise Plan (MPP) and Development Agreement (DA) for the Freeway
Commercial North portion of Otay Ranch Planning Area 12 (PA-12) to add 300 multi-
family units within the easterly portion of the approximate 10.4 acre project site,including
Initial Study(IS 17-0005),Design Review Permit(DR17-0037);and Tentative Subdivision
Map (PCS19-0001), and a separate Community Public Facility (CPF) Agreement for
Village 2 (the"Project"); and
i
WHEREAS,the property has been the subject matter of an amendment to the City's
General Plan (GP) and the Otay Ranch General Development Plan (GDP) approved on
May 26, 2015 and adopted by City Council by Resolution No. 2015-114; and the Otay
Ranch Freeway Commercial SPA Plan and associated regulatory documents approved on
September 13, 2016 by Resolution No. 2016-187; Tentative Map CVT 15-0007 by
Resolution No. 2016-189; amendments to the Otay Ranch Freeway Commercial Planned
Community District Regulations by Ordinance No.2016-3376;and Design Review Permit
DRI 6-0030 by Resolution No. 2016-189; and
WHEREAS,the Development Services Director reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the Project was covered in the previously adopted Final Environmental Impact Report
—23 —
PC Resolution MPA17-0011;MPA17-0012;I5 17-0005;DR17-0037;PCS19-0001
May 22,2019
Page 2
for the stay Ranch Freeway Commercial Sectional Planning Area (SPA)Plan -Planning
Area 12(FEIR 02-04) (SCH#1989010154), and has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Services Director has
caused for the preparation of a Third Addendum to FEIR 02=04; and
WHEREAS,the Development Services Director set the time and place for a hearing
on the Project, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property
owners within.500 feet of the exterior boundaries of the property, at least 10 days prior to
the hearing; and
WHEREAS, the 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 Planning Commission of the
City of Chula Vista,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 Ordinances approving the Project in accordance with
the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula
Vista that a copy of this Resolution and the draft City Council Resolutions and Ordinances
be transmitted to the City Council.
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
-24 _
Attachment 3
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE THIRD ADDENDUM(IS-17-
0005) TO FEIR 02-04; APPROVING AN AMENDMENT TO THE
OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT
LAND USE CHANGES FOR APPROXIMATELY 36 ACRES
WITHIN THE OTAY RANCH FREEWAY COMMERCIAL
PLANNING AREA 12 PLANNED COMMUNITY, INCLUDING
ASSOCIATED TEXT, MAPS AND TABLES
1. RECITALS
A. Project Site
WHEREAS,the areas of land which are the subject ofthis Resolution contain all lands within
the boundaries of Exhibit 1 attached hereto and incorporated herein by this reference, and includes ?
approximately 36 acres of land generally located south of Olympic Parkway, west of EastLake
Parkway and east of SR-125 within the Otay Ranch Planned Community Freeway Commercial
North(FC-2)area; and
B. Project;Application for Discretionary Approvals
WHEREAS,. in November, 2017, the City of Chula Vista deemed the Baldwin and Sons,
LLC (Applicant) application complete and initiated a Otay Ranch General Development Plan
Amendment(GDPA) (the"Project");and
i
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 "PA12 — Freeway
Commercial North (FC-2) Amendment (PCM17-0012), May 2019" 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 15,2018; and
WHEREAS, the GDPA as presented is necessary to accommodate the land uses anticipated
in the associated.Development Agreement amendment between the City of Chula Vista and Village
II Town Center, LLC and Sunranch Capital Partners, LLC for Freeway Commercial North (FC-2)
(Development Agreement); and
— 25 —
Resolution 2019 - Page 2 of 3
WHEREAS,the GDPA was designed to address and accommodate development of a transit-
supportive mixed use residential development with ancillary commercial and a highly amenitized
urban park; and.
WHEREAS,the next step in the process would require the approval of.an amendment to the
Sectional Planning Area(SPA) Plan and Development Agreement, and a Design Review (DR) for
Freeway Commercial North(FC-2); and
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
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 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 Government Code section 65090, the City Council held
a duly noticed public hearing on the subject GDPA.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds and determines as
follows:
II. COMPLIANCE WITH CEQA
That the Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project was
covered in the previously adopted Final Environmental Impact Report}or the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR-02-04)
(SCH41989010154). The Development Services Director has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document
have occurred; therefore, the Development Services Director has caused the preparation of a Third
Addendum to FEiR-02-04.
The City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment,as set forth in the record of its proceedings, the Third Addendum to FEIR-02-
04 in the form presented, has been prepared in accordance with the requirements of the California
Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and
has considered the Addendum to FEIR-02-04.
-26-
Resolution 2019 Page 3 of 3
111. GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Development Plan, as
amended,is internally consistent and shall remain internally consistent following amendment thereof
by this Resolution.
N. ADOPTION OF GENERAL DEVELOPMENT PLAN AMENDMENT
In light of the findings above, the City Council hereby approves the General Development
Plan Amendment in the form as presented in Exhibit 2 attached hereto and incorporated herein by
this reference and on file in the City Clerk's Office.
Presented by: Approved as to forin by:
j
{
Kelly Broughton, FASLA Glen R. Googins
Development Services Director City Attorney 3
i
4
i
i
I
1
I
—27—
i
THIS PAGE LEFT BLANK
k
I
-28 -
Attachment 4
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA: 1) APPROVING AN AMENDMENT TO THE OTAY i
RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING
AREA (SPA) PLAN, DESIGN PLAN, AND ASSOCIATED
REGULATORY DOCUMENTS; AND 2) APPROVING AN
AMENDMENT TO THE OTAY RANCH FREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN
1. RECITALS
A. Project Site
WHEREAS,the parcel,that is the subject matter ofthis resolution,is represented in Exhibit
A, attached hereto and incorporated herein by this reference, and for the purpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch; and
B. Project;Applications for Discretionary Approval
a
WHEREAS, on November 16, 2017,a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area Plan, ?
including Design Plan and associated regulatory documents,and amendments to the Otay Ranch
Freeway Commercial North Master Precise Plan (MPA 17-0011) for the Freeway Commercial
North portion of Otay Ranch Planning Area 12(PA-12); and
C. Planning Commission Record on Application
WHEREAS,the Development Services Director set the time and place for a hearing on the I
project:, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS,-the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed; 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 this proceeding; and
WHEREAS,the Planning Commission voted 0=0-0-0 recommending that the City Council
approve/deny the project; and
—29—
i
Resolution No. 2019-
Page 2
D. City Council Record on Application
WHEREAS,a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the project and notice of said hearing,together with its purpose, was given by
its publication in a newspaper of general circulation in the City,and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property, at least ten(10)days prior
to the hearing; and
WHEREAS,the City Council of the City of Chula Vista held a duly.noticed public hearing
to consider said project at the time and place as advertised in the Council Chambers, 276 Fourth
Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
That the Development Services Director reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project was
covered in the previously adopted Final Environmental ImpactReportfor the Otay Ranch.Freeway
Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR 02 -04) (SCH
##1989010154),and has determined that only minor technical changes or additions to this.document
are necessary and that none of the conditions described in Section. 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Development Services Director has caused the preparation of a Third Addendum to FEIR 02-04.
The City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment, as set forth in the record of its proceedings,the Third Addendum to FEIR-
02-04 in the form presented., has been prepared in accordance with the requirements of the
California Environmental Quality Act and the Environmental Review Procedures of the City of
Chula Vista and has considered the Addendum to FEIR-02-04.
III. SPA FINDINGS/APPROVAL
A. THE SECTIONAL PLANNING AREA(SPA)PLAN,AS AMENDED,IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN,AS AMENDED,AND THE
CHULA VISTA GENERAL PLAN,AS AMENDED,AND ITS SEVERAL ELEMENTS.
The proposed SPA Plan amendment implements the GP and GDP.The GP land use designation is
Retail Commercial and Mixed Use Residential.The proposed project is consistent with these land
use designations. It contains all the requisite land uses comprising Retail Commercial and Mixed
Use Residential: commercial hotels, mixed-rise development, multi-family residential housing, a
public park and open space.
The current Otay Ranch GDP designation is Freeway Commercial and Mixed Use. The proposed
project is consistent with these land use designations.
—30—
i.
Resolution No. 2019-
Page 3
B. THE SPA PLAN, AS AMENDED,WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The subdivision design consists of three (3) multi-family residential lots, three (3) mixed-use
commercial — multi-family residential lots, two (2) hotel lots, two (2) open space lots, one (1)
public park, one(1)private street, and one(1)remainder parcel. The condominium subdivision is
planned to allow a maximum of 900 residential units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP) permits non-sequential
phasing by mandating specific facilities requirements for each phase to ensure that the new
Freeway Commercial SPA development in FC-2 is adequately served and City threshold standards
are met.Anticipated Freeway Commercial North phasing is as follows. Hotel 1 is constructed and
has been operating since April, 2017. Residential West is under construction. Pursuant to the
executed Otay Ranch Freeway Commercial SPA Development Agreement recorded on dune 17,
2015, and the amendment thereto, construction of Hotel 2 will commence prior to issuance of the
551 st residential building permit for the Project.Construction of the commercial component of the
mixed use development will commence prior to or concurrently with obtaining building permits
and commencing construction of the residential development located east of Town Center Drive.
The Developer shall commence construction of the public park prior to the issuance of the 530th 3
residential building permit and substantially complete the park within 15 months of start of
construction.
The proposed project furthers the policy objective for"Urban Villages"to have "higher densities
and mixed uses in the village cores," "in transit focus areas" and to "provide a wide range of
residential -housing opportunities" which promotes a blend of for-sale and for-rent housing
products and a range of densities integrated and compatible with other land uses in the area. The
proposed project will support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, with shopping and recreational uses conveniently
and centrally located and will minimize segregated and auto-dependent urban sprawl development
patterns.
C. THE OTAY RANCH FREEWAY COMMERCIAL SPA PLAN,AS AMENDED,WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT, j
CIRCULATION OR ENVIRONMENTAL QUALITY.
Thero osed modifications to l
p p and use and development standard provisions withal the project
site have been fully analyzed and will not adversely affect the circulation system and overall land
uses as previously envisioned in the Otay Ranch GDP and Otay Ranch Freeway Commercial 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 Supplemental PFFP. Additionally,
a Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and
Global Climate Change Evaluation, Sewer Service Technical Report and Water Service Technical
Report have been prepared,reviewed and approved by City staff. A Third Addendum to FEIR 02-
02 has been prepared to analyze the Project's impacts. No additional environmental impacts were
identified in the Third Addendum to FEIR 02-02.
— 31 —
I
Resolution No. 2019-
Page 4
IV. MASTER PRECISE PLAN AMENDMENT FINDINGS
i. THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE BE DETRIMENTAL TO THE HEALTH SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The City Council finds that the proposed precise plan and development standards contained in
attached Exhibit C on file at the office of the City Clerk will not have a negative impact on the
surrounding neighborhood because the proposed standards are consistent with the Otay Ranch
GDP and Freeway Commercial SPA Plan. It allows the Applicant to design a project that is
compatible with the type and intensity of existing development in the area. The proposed project
amendment allows a more intensive use of the previously approved walkable mixed-use
development for Otay Ranch Freeway Commercial North.It fully maximizes the land use potential
of FC-2 within walking range of the Otay Ranch Bus Rapid Transit (BRT) stop, ensures transit-
supportive densities near the BRT line,and provides a more diverse mix of housing types.
ii. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF
THE P MODIFYING DISTRICT AS SET FORTH IN CVMC 19.56.041:
The City Council finds that application of the P modifying district is appropriate because the
underlying zoning is Planned Community District. This Master Precise Plan is. required by the
Freeway Commercial SPA Plan (PC District Regulations), and provides the entitlement bridge
linking the approved policies and land use designations of the Freeway Commercial SPA/Design
Plan with subsequent project-level approvals within the project area. It serves as a framework
document by which future "Individual Precise Plans will be evaluated for compliance with the
approved Master Precise Plan concepts that encompass streetscape and landscape design, signs,
and architectural and lighting guidelines.
iii. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARR-ANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
As the underlying zoning is Planned Community District,the Precise Plan as amended will provide
higher development standards, that will make the project more compatible with adjacent
commercial uses.
iv. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN
AND THE ADOPTED POLICIES OF THE CITY. (ORD. 3153 § 2 (EXH. A), 2010;
ORD. 1532 § 2, 1975):
—32—
Resolution No. 2019-
Page 5
The project has been designed and evaluated in accordance with the goals and objectives of the
General Plan. The Precise Plan as described above will allow the project to be consistent with the
goals and objectives of the General Plan and the Chula Vista Municipal Code,
V. APPROVAL OF SPA AND MASTER PRECISE PLAN AMENDMENT,
Unless otherwise specified, the Conditions of Approval and Code requirements set forth below
shall be completed prior to the issuance of Building Permits as determined by the Development
Services Director and the City Engineer, or designees,unless otherwise specified.
1. Prior to approval of any land development permits, the Applicant shall demonstrate that the
applicable Air Quality Improvement Plan(AQIP)project design features and measures outlined
in the Air Quality Improvement Plan pertaining to the design, construction and operational
phases of the project have been incorporated in the project design.
2. Prior to issuance of building permits or approval of landscape construction plans,the Applicant
shall implement the applicable mandatory water quality conservation measures of the Water
Conservation Plan of the SPA Plan.
i
3. All of the terms,covenants and conditions contained herein shall be binding upon and inure to s
the benefit of the heirs,successors,assigns and representatives of the Applicant as to any or all
of the property.
s
4. If any of the terms,covenants or conditions contained herein shall fail to occur or if they are,by
their terms,to be implemented and maintained over time,if any of such conditions fail to be so
implemented and maintained according to their terms,the City shall have the right to revoke or
modify all approvals herein granted including issuance of Building Permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted,institute
and prosecute litigation to compel their compliance with said conditions and/or seek damages
for their violation.
5. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fees (collectively,
liabilities)incurred by the City arising, directly or indirectly, from City's actions on(a)the f
Third Addendum to FE1R-02-04, (b) the Mitigation Monitoring and Reporting Program for
the project,(c)the Otay Ranch Freeway Commercial SPA Plan(MPA17-0011), (d)any and
all entitlements issued by the City in connection with the project,and/or(e) City's approval
or issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated on the project site. The Property Owner and
Applicant shall acknowledge their agreement to this provision by executing a copy of this
Resolution where indicated below.The Property Owner's and Applicant's compliance with
-- -
this-provision shall be-binding on any and all of the Property Owner's and Applicant's
successors and assigns.
—33—
Resolution No. 2019-
Page 6
6. The Applicant shall comply with all Conditions of Approval, guidelines, policies,. and any
other applicable requirements of the following plans and programs, as amended from time to
time:The City of Chula Vista Municipal Code;the Chula Vista Subdivision Manual;City of
Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula
Vista Design and Construction Standards; the Development Storm Water Manual for
Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance,
CVMC 15.44;the State of California Subdivision Map Act;the City of Chula Vista General
Plan; the City's Growth Management Ordinance; Chula Vista Design Manual; Chula Vista
Landscape Manual;Chula Vista Landscape Water Conservation Ordinance;Chula Vista Fire
Facility Master Plan, and Fire Departrnent Policies and Procedures; Otay Ranch General
Development Plan, Otay Ranch Resource Management Plan (RMP) Phase 1 and Phase 2,
including the Preserve Conveyance Schedule; City of Chula Vista Adopted Parks and
Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Otay Ranch Freeway Commercial Sectional Planning Area (SPA, PCM-17-
0011) Plan and supporting appendices, including: Public Facilities Finance Plan(PFFP) and
Supplemental PFFP,Affordable Housing Plan,Air Quality Improvement Plan(AQ1P),Non-
Renewable Energy Conservation Plan, and Water Conservation Plan (WCP), as amended
from time to time; and Tentative Subdivision Map (PCS-19-0001) for Otay Ranch Planning
Area 12 Freeway Commercial North.The Project shall comply with all applicable mitigation
measures specified in the Third Addendum. to EIR Mitigation Monitoring and Reporting
Program, as they relate to the Freeway Commercial Sectional Planning Area Plan and
Tentative Map Environmental Impact Report to the satisfaction of the Development Services
Director.
7. The Applicant shall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide (3) acres of local parks and related improvements per
1,000 residents.Local parks are comprised of community parks and neighborhood parks.The
Applicant shall satisfy all of its park obligations in accordance with the First Amendment
to Development Agreement for the project,or as amended from time to time.
8. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Development Services and the City Engineer.
9. Prior to the issuance of the 530'residential Building Permit,the Applicant shall complete the
Rezone of a 7.5 acre site in Village 7 for Community Purpose Facility(CPF),which includes
the required 3.24 acres for Freeway Commercial North,to the satisfaction of the Development
Services Director.
10. The Applicant may, at the discretion of the Development Services Director, enter into
supplemental agreement(s)with the City,prior to approval of each Final Map for any phase
or unit,whereby:
—34—
Resolution No. 2019-
Page 7
a. The City withholds Building Permits for any units within the project site in order to have
the project comply with the Growth Management Program; or, if any one of the following
occur:
i. Regional development threshold limits set by a Chula Vista transportation-phasing
plan,as amended from time to time,have been reached
ii. Traffic volumes, level of service,public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management ordinance and Growth Management Program and any amendments
thereto.
iii.The Project's required public facilities,as identified in the PFFP,or as amended or
otherwise conditioned,have not been completed or constructed in accordance with the
project entitlements including the Development Agreement to the satisfaction of the
Development Services Director and the City Engineer. The Applicant may propose
changes in the timing and sequencing of development and the construction of
improvements affected In such case, the PFFP may be amended after review and
approval by the City's Director of Development Services and the City Engineer, The
Developer agree(s)that the City may withhold Building Permits for any of the phases
of development identified in the PFFP for the project if the project's required public
facilities,as identified in the PFFP or in accordance with the Development Agreement
are not meeting the City's standard operating thresholds.Public facilities shall include,
but not be limited to,air quality,drainage,sewer and water.
11. After final SPA approval, the Applicant shall submit electronic versions of all SPA
documents,including text and graphics,to the Development Services Department in a format
specified and acceptable to the Development Services Director. 4
s
12. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention.
As part of any submittal for design review,a fire access and water supply plan prepared by a
licensed engineering firm,which has been determined to be qualified in the sole discretion of
the Fire Marshall, shall be submitted for approval by the City of Chula Vista Fire Marshall.
The plan shall detail how and when the Applicant shall provide the following items either
prior to the issuance of Building Permit(s)for the project,or prior to delivery of combustible
materials on any construction site on the project,whichever occurs earlier:
a.Water supply consisting of fire hydrants as approved and indicated by the Fire Department
during plan check to the satisfaction of the Fire Marshall.Any temporary water supply source
is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface,with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Locations and identification
of temporary street signs shall be subject to review and approval by the City Engineer and
Fire Marshall.
-35 -
Resolution No. 2019-
Page 8
VL 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 Government Code Section 66020(a)and failure to follow timely
this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning,zoning,grading,or other similar application processing fees or service fees in connection
with the project;and it does not apply to any fees,dedication,reservations,or other exactions which
have been given notice similar to this,nor does it revive challenges to any fees for which the Statute
of Limitations has previously expired.
VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed
to the conditions contained herein, and will implement same. Upon execution,this document shall
be recorded with the County Recorder of the County of San Diego, at the sole expense of the
Property Owner and/or Applicant, and a signed,stamped copy returned to the City's Development
Services Department. Failure to return the signed and stamped copy of this recorded document
within 10 days of recordation shall indicate the Property Owner/Applicant.'s desire that the project,
and the corresponding application for building permits and/or a business .license, be held in
abeyance without approval.
Signature of Property Owner Date
Signature of Applicant Date
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, of 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 their terms,the City shall have the right to revoke or modify all approvals herein granted, deny or
further condition issuance of future building permits,deny,revoke or further condition all certificates
of occupancy issued under the authority of approvals herein granted,instituted and prosecute litigate
or compel their compliance or seek damages for their violations. No vested rights are gained by
Applicant or successor in interest by the City approval of this Resolution.
- 36 -
Resolution No. 2019-
Page 9
IX 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 detenninedby the Court of competent jurisdiction
to be invalid., illegal or unenforceable, if the city so determines in its sole discretion, the resolution
shall be deemed to be revoked and no farther in force or in effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Freeway
Commercial SPA Plan and Master Precise Plan Amendment as shown in Exhibits B and C and
Attachment 7 on file in the office of the City Clerk.
Presented by: Approved as to form by:
k
Kelly Broughton, FSALA Glen R, Googins
Development Services Director City Attorney
i
i
-37 -
Resolution No. 2019-
Page 10
EXHIBIT"A"
LOCATION MAP
—38—
Attachment 3
ORDINANCE NO. 2019-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH FREEWAY
COMMERCIAL PLANNED COMMUNITY DISTRICT
REGULATIONS FOR THE NORTHERLY FC-2 PORTION
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented mi
Exhibit A,attached hereto and incorporated herein by this reference,and for the purpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch;and
WHEREAS, on November 15, 2017, a duly verified application was filed with the City
of Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area(SPA)
Plan(MPA 17-0011),including the Planned Community District Regulations; and
l
WHEREAS, the project is intended to ensure that the Otay Ranch Freeway Commercial
SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to j
implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly s
planning and long term phased development of the Otay Ranch GDP and to establish conditions,
which will enable Otay Ranch Freeway Commercial to exist in harmony within the community,
and €
f
WHEREAS, the Development Services Director reviewed the proposed project for i
.compliance with the California Environmental Quality Act (CEQA) and has determined that the 1
project was covered in the previously adopted Final Environmental Impact Report for the Otay 3
Ranch-Freeway.Commercial Sectional Planning Area (SPA)Plan -Planning Area 12 (FEIR 02 -
04) (SCH #1989010154), and has determincd that only minor technical changes or additions to I
this document are necessary and that none of the conditions described in Section 15152 of the State i
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, i
the Development Services Director has caused the preparation of a Third Addendum to FEIR 02-
an ,
- WHEREAS, the Planning Commission set the time and place for a hearing on said
amendments 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 ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers 275 Fourth Avenue and the Planning Commission voted = = = to recommend to the
City Council approval of the subject amendments; and
WHEREAS, the City Clerk set the time and place for a hearing on the project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries
of the property, at least 10 days prior to the hearing;and
—39—
WHEREAS, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the project.
NOW,THEREFORE,THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
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 doewnonts submitted to the decision-
makers, shall comprise the entire record of the proceedings.
II. COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and considered the Third Addendum
to FEIR 02-04;
III. ACTION
The City Council hereby adopts an.Ordinance approving the Otay Ranch Freeway Commercial
SPA Planned Community District Regulations on file at the office of the City Clerk, fmding that
they are consistent with the City of Chula Vista General Plan,the Otay Ranch GDP and all other
applicable plans; as set forth in Resolution MPA 17-0011 adopting the Freeway Commercial SPA
Plan Amendment, and that the public necessity; convenience, general welfare and good planning
and zoning practice support their approval and implementation.
IV.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.
V. 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.
VI.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
i
40-
i
i
I
VII. 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, FSALA Glen R. Googins i
Development Services Director City Attorney I
E
3
I
i
i
1
t
3
i
1
i
3
Ei
E
-41 -
THIS PAGE LEFT BLANK
-42-
Attachment 6
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER,
LLC AND SUNRANCH CAPITAL PARTNERS, LLC FOR THE
FREEWAY COMMERCIAL NORTH PORTION OF OTAY
RANCH PLANNING AREA 12
WHEREAS,the property which is the subject matter of this Ordinance is identified in the
Development Agreement attached hereto as Exhibit "A" and commonly known as the Freeway
Commercial North(or FC-2)portion of Otay Ranch Planning Area 12 (Property); and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay s
Ranch Freeway Commercial Sectional Planning Area (SPA)Plan -Planning Area 12 ("FEIR 02-
04"} (SCH#1989010154). The Development Services Director has determined that only minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FEIR 02-04; and
f
i
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement Amendment 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 ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers,276 Fourth Avenue,and the Planning Commission voted 4-W to recommend to the
City Council approval of the Development Agreement Amendment; and '
E
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Ordinance to approve the Development Agreement i
Amendment.
NOW,THEREFORE,THE CITY COUNCIL,of the City of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
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.
—43—
Ordinance No.
Page 2
II. COMPLIANCE WITH CEQA
The City Council hereby finds, based upon their independent review and judgement, that
the adoption of the Ordinance approving the Development Agreement Amendment for the
project,as described and analyzed in the Third Addendum to Final EIR 02-04,would have
no new effects that were not examined in said Final ETR.
111. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH. GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed Development Agreement Amendment is
consistent with the City's General Plan and Otay Ranch. General Development Plan,both
as amended. The Development Agreement and Development Agreement Amendment
implement the General Plan and the Otay Ranch General Development Plan by providing
a comprehensive program to implement the Sectional Planning Area (SPA) Plan
Amendment and Tentative Map. The plans provide design incorporating a mixture of land
uses connected by a walkable system of public streets and pedestrian paths,neighborhood
parks and plazas,retail opportunities,and commercial activitiesdesigned to promote a safe
pedestrian environment. The Freeway Commercial North plan, including the number of
residential units,number of hotel rooms,park acreage, and commercial mixed use area, is
consistent with the General Plan and the Otay Ranch General Development Plan, as
amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
Amendment between the City of Chula Vista,Village H Town.Center,LLC and SunRanch
Capital Partners, LLC for the Freeway Commercial.North portion of Otay Ranch Planning
Area 12(a copy of which is on file in the City Clerk's office),finding it consistent with the
California Government Code,adopted City policies,the General Plan, and the Otay Ranch
General Development Plan,
V. 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 anyone or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
—44 —
Ordinance No.
Page 3
VI. 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.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
3
VIII. PUBLICATION
1
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, FSALA Glen R. Googins
Development Services Director City Attorney
—45 —
THIS PAGE LEFT BLANK
-46 -
Attachment 6a
RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk Fee Exempt B Gov't Code '6103
(Space above for Recorder's Use)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
P
between the
City of Chula Vista,
Village II Town Center,LLC
and
Sunranch Capital Partners,LLC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(Amendment) dated
for reference purposes only as of , 2019, is entered into by and among THE
CITY._OF CHC.TLA VISTA, a California charter city and municipal corporation (City),
VILLAGE II TOWN CENTER, LLC, a California limited liability company (Village II) and
SUNRANCH CAPITAL.PARTNERS, LLC, a Delaware limited liability company (Sunranch).
Village II and Sunranch are collectively referred to in this Amendment as the "Owner." The
City or the Owner are sometimes individually referred to in this Amendment as a"Party"and are
collectively referred to as the "Parties." The Parties enter into this Amendment with reference to
the following facts:
I
RECITALS
i
A. Development A Bement. Owner and City are parties to that certain Development j
Agreement recorded in the-Official Records of the County of San Diego, State of California, on
June 17, 2015 as Doc. No. 2015-0312805 (Agreement) for the property in the City of Chula
Vista, State of California, more particularly described in the Agreement. Terms defined in the
Agreement shall have same meaning when used in this Amendment.
B. First Hotel. A 148-room hotel meeting the requirements for the first hotel, as
described in Section 5.1.1 of the Agreement,has been completed.
C. CFD. A Community Facilities District(CFD) for the maintenance of the Park, as
described in Section 5.3.1.3 of the Agreement,has been created.
D. BRT Right of Way. The right-of-way for the Bus Rapid Transit (BRT) line right
of way, as described in Section 5.3.3 of the Agreement,has been dedicated.
City afChula n54a Amendment to Agreement Na.;
PA 12—DA amendment,April 2019
rt
— 47—
E. Affordable Housing Agreement, An Amended and Restated Housing
Development Agreement, which provides for housing credits against Owner's affordable
housing obligations in Planning Area (PA) 12, was entered into between Owner and the City in
September 2017.
F. Transit-Oriented Development. The City would like Owner to construct mid-rise
higher density apartments with mixed-use ground floor commercial east of Town Center Drive
near the BRT line,because the City finds that:
a. This change to the project will promote the principles of smart growth,
maximizing land use potential within walking range of Otay Ranch BRT station and ensuring
transit-supportive densities near BRT line.
b. The transit-oriented development will establish a compact walkable
community by replacing surface parking with 5-level structured parking, benefiting the
environment by reducing carbon emissions.
C. This type of housing product,which is considered costly to construct and
has not been built in Chula Vista,will improve housing affordability and economic development
by providing a more diverse mix of housing types in a fiscally sustainable manner,
d. The City wants this form.of development and Owner is willing to fund this
high-cost product.
G. Amendment. To achieve the City's transit-oriented development objectives and
assure that both Parties can achieve the mutual benefits envisioned in the Agreement, Owner and
City would like to amend the Agreement as provided in this Amendment.
NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations
of the Parties set forth herein, Owner and City agree as follows:
1. Residential Density. Maximum residential density for the FC-2 area of the
Sectional Planning Area(SPA)Plan shall be amended to allow for up to 900 residential units.
2. Second Hotel, The trigger for the commencement of construction of the Second
Hotel is hereby changed. Owner shall commence construction of the Second Hotel prior to
issuance of the building permit for the 651'residential unit. Section 5.1.2 of the Agreement is
hereby replaced in its entirety with the following:
"5.1.2 Owner shall commence substantial construction of the second hotel containing
150 hotel rooms for the number of rooms needed to bring the total hotel. room
count of the two hotels to a total of 300 rooms) (the "Second Hotel") prior to
issuance of the building permit for the 651st residential unit for the Project. In the
event that Owner has not pulled building permits and, in the reasonable
City of Chula Fbta Amendment to Agreement No.:
PA 12—AA amendment,APri!2019
—48 —
determination of the Director of Development Services, commenced substantial
construction of the Second Hotel prior to the issuance of the building permit for
the 651st residential unit for the Project, Owner shall pay to the City the amount +
of$629,860 per year(the"In Lieu Hotel Payment")as provided herein.
Owner shall make the first In Lieu Hotel Payment to the City prior to the final
inspection for the building permit for the 651st residential unit for the Project.
Owner shall, thereafter, make the In Lieu Hotel Payment annually on the
anniversary date of the issuance of the building permit for the 651 st residential
unit for the Project. Owner's obligation to make the In Lieu Hotel Payment shall
continue until the earlier to occur of(a) the beginning of substantial construction,
in the reasonable determination of the Director of Development Services, of the
Second Hotel, or (b) the twentieth (20th) anniversary of the Effective Date of the
Agreement. Owner's obligation to make the In Lieu Hotel Payment shall be
secured by a security interest in the Property or, at the Owner's request, by
another security interest reasonably acceptable to the City Manager and City
Attorney. Owner shall, at the Cityts request, enter into a separate promissory note
and deed of trust to secure the obligation to make the In Lieu Hotel Payment at
the time of issuance of the building permit for the 651 st residential unit. Failure to
make the In Lieu Hotel Payment when due shall be a material breach of this
Agreement and shall, in addition to other available remedies, entitle the City to
foreclose on its security interest. Notwithstanding the foregoing, Owner's
obligation to make the In Lieu Hotel Payment hereunder shall terminate in the
event that the City issues final approval or enters into a contract for the provision i
of direct or indirect financial incentives to another hotel development within the
-- - Otay Ranch community, without first meeting and conferring with Owner in good i
faith regarding the provision of substantially equivalent financial incentives, and,
if Owner's hotel qualifies for such incentives, tendering to the City Council for its
consideration approval of such incentives. City Council shall reserve the right to
approve or disapprove such incentives in its sole discretion."
3. Commercial/Mixed Use. The requirement for construction of commercial
development on the-Property is hereby reduced. Owner shall only be required to construct
15,000 square feet of commercial development on the Property. Section 5.2 of the Agreement is
hereby replaced in.its entirety with the following: f
{
"5.2 Construction of Commercial/Mixed Use. Owner agrees and acknowledges that
the SPA Plan originally contemplated only commercial development on the
Property. Although the City has agreed to amend the SPA Plan to allow
residential development on the Property, commercial development is still an
important use for the site. Therefore, Owner agrees to obtain building permits for
and commence substantial construction of 15,000 square feet of commercial
development on the Property in accordance with the Project Approvals prior to or
concurrently with obtaining building permits and commencing construction of the
residential development located east of Town Center Drive. The 15,000 square
City of Chula lista Amendment to Agreement Na,;
PA 12—DA amendment Apra 3019
—49—
feet of commercial development will be constructed to construction standards that
qualify for commercial occupancy"B"or"M"."
4. Park
a. Park and Park Site. Section 5.3.1 of the Agreement is hereby replaced in
its entirety with the following:
`Based on City standards in effect as of August 2418, Owner's park obligations
(land and improvements) related to the Project would require the dedication and
the improvement to City standards of up to a 7.05-acre park on the.Property, if all
904 residential units are built. Owner's actual baseline park obligations shall be
established for the first 600 residential units at the time park obligations become
due for those units in accordance with City standards, including, but not limited
to, Chapter 17.10 of the Chula Vista Municipal Code using the PAD fee rates in.
effect as of the dates of final inspection for each of the units (`Baseline Park
Obligations"). Owner's actual additional park obligations shall be established for
the final (up to) 300 residential units at the time park obligations become due for
those units in accordance with City standards, including, but not limited to,
Chapter 17.10 of the Chula Vista Municipal Code using the PAD fee rates in
effect as of the dates of final inspection for each of the units ("Additional Park
Obligations"). Owner shall satisfy its actual park obligations as follows:"
b. Granting of Park Site and Development of the Park. Section 5.3.1.1 of the
Agreement is hereby replaced in its entirety with the following:
"Owner shall grant two(2) acres of the Property (the ".Park Site") to the City in a
permanent easement for public usage and shall develop a highly amenitized,
"turnkey" park (the "Park") on the Park Site, as described in this Agreement, to
the satisfaction of the Director of Development Services. The Park shall generally
be located as depicted in Exhibit "B," with the final location subject to City
approval. In order to create an extraordinary public space,. the Park shall
generally consist of the elements described in Exhibit '.'F'-to this Agreement.
Owner shall invest substantially more to the development and granting of the Park
than would be typical for a City standard park, up to and including the value
equivalent to the dedication and improvement required to achieve the Owner's
Baseline Park Obligations. Owner shall commence construction of the Park prior
to the issuance of the five hundred thirtieth(53&)residential building permit and
- - -substantially-complete the Park within fifteen (15) months of commencement of
construction."
C. Audit and Payment of Excess Park Obligations. Section 5.3.1.2 of the
Agreement is hereby replaced in its entirety with the following:
ci v of Chula Ylsta Amendment to Agreement No.:
PA 12—DA amendment,April 2619
4
_ 50_
"Owner shall, within sixty (60) days of the date on which the Director of
Development Services reasonably determines, in writing, that the Park has been
completed, exclusive of the warranty period, provide the City, for its review and
approval, all documentation the City reasonably requires, to determine the cost
(land and improvement) of the Owner's construction of the Park on the Park Site.
The City shall use this information to prepare an audit of the actual costs of the
development of the Park on the Park Site. The audit shall also compare the actual
costs of the development of the Park on the Park Site (including the actual costs
incurred during the warranty period) with the value of the Owner's actual
Baseline Park Obligations. Based on this audit, Owner shall satisfy its remaining
park obligations, if any, by paying the excess park obligations to the City's PAD
fee account for the development of other parks in eastern Chula Vista. Such
excess park obligations shall be calculated through the audit and shall be paid as
either a pro rata permit fees collected in connection with any remaining residential
permits or, if no residential permits remain, in a lump sum payment to the City
made within sixty(60) days of the audit, or such later date as is approved by the
Director of Development Services."
C. Park Benefit Fees. Section 5.3.1.5 is added, as follows:
"Park Benefit Fees. The development of the Park described in Section 5.3.1.1
of the Agreement will satisfy the Developer's Baseline Park Obligation. Given
the lack of available acreage that could be acquired to serve the Project, the City ;
.hereby waives PAD fees for the remaining 300 residential units. Developer shall
meet its Additional Park Obligation for each residential unit in excess of 600
through payment of a Park Benefit Fee. The Park Benefit Fee shall be in an
amount equal to the PAD fees that would otherwise have been due pursuant to
Chapter 17.10 of the Chula Vista Municipal Code. The Park Benefit Fee shall be s
due and payable no earlier than building permit issuance, but no later than final
inspection and shall be assessed using the PAD fee rates in effect as of the date of
payment. Park Benefit Fees may be utilized by the City to acquire or develop
parkland serving the City's eastern territories."
E
€
5. Community Purpose Facilities. Section 5.3.2 of the Agreement is hereby replaced
in its entirety with the following:
"Owner shall provide a total of 3.24 acres of net usable land for Community
Purpose Facilities (CPF) if all 900 residential units are built. If not all 900
residential units are built,then Owner shall provide a pro-rated amount of CPF in
accordance with the actual amount of the total number of residential touts built
(e.g. 900 residential units = 3.24 acres of net usable land for CPF; while 700
residential units=2.52 acres of net usable land for CPF). Owner may satisfy this
CPF requirement in any manner consistent with Chula Vista Municipal Code
Section 19.48.025, which may include the provision of the CPF land offsite,
City of Chula Yuta Amendment to AgreementNo.:
PA 11—DA amendment,April 2019
5
— 51 —
alternative compliance, or adjustments to the percentage limitations on the types
of facilities, including recreational facilities, that may count toward satisfying the
CPF requirement, all in the discretion of the Director of Development Services.
Owner shall commence grading of the CPF land or begin alternative compliance
prior to the issuance of the building permit for the five hundred thirtieth. (530th)
residential unit."
6. Term. The Agreement shall have a remaining term of twenty (20) years from the
effective date of the enabling ordinance by which this Amendment is approved, subject to
extension as provided in Section 6.1.1.
7. Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
8. _Authority. Each party represents that it has full right, power and authority to
execute this Amendment and to perform its obligations hereunder, without the need for any
further action under its governing instruments, and the parties executing this Amendment on the
behalf of such party are duly authorized agents with authority to do so.
[Signatures on following page]
City of Chula Mur Amendment toAgreementNo-
PA 12-DA amendment,April!2019
6
i
—52 —
I
Owner and City have executed this Amendment, which is effective as of the effective
date of the enabling ordinance which is at second reading of the City Council.
CITY OWNER
CITY OF CHULA VISTA, a California VILLAGE II TOWN CENTER, LLC, a
charter city and municipal corporation California limited liability company*
By: By:
Mary Casillas Salas, Mayor Name:
Title:
Date:
ATTEST: By:
Name:
Title:
By: Date:
Kerry K. Bigelow, City Clerk
SUNRANCH CAPITAL PARTNERS, LLC, a
APPROVED AS TO FORM: Delaware limited liability company*
i
E
i
f
t
By: f
By: Name:
Glen R. Googins, City Attorney Title:
By.
Name:
Title:
Date:
JAAttomeyWiobaeI5hVreeway Commercial-24190A-AmendmentT.AAmend-FwyConml-4.25.19-5.13.19-FinaLdo-ox
City of Chula Vista Amendmehi to Agreement No.:
PA 12—DA amendment,April 2019
7
—53—
i
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached,and not the
truthfulness, accuracy,or validity of that document.
STATE OF CALIFORNIA }
ss.
COUNTY OF )
On ,before me, ,
Notary Public in and for said State, personally appeared
who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to the that lie/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
City of Chula Vista Amendment to Agreement No,:
PA 12—DA amendment.April 2419
S
-54-
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document. i
STATE OF CALIFORNIA }
) ss.
COUNTY OF }
On ,before me,
Notary Public in and for said State, personally appeared
,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. {
WITNESS my hand and official seal.
Signature (Seal)
1
3
3
City of Chula V ata Amendment to Agreement Nn,;
PA 12—DA amendment,April 2419
9
- 55 -
THIS PAGE LEFT BLANK
Attachment 7
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A FIRST AMENDMENT TO AGREEMENT FOR THE
PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO BETWEEN
THE CITY OF CHULA VISTA, AND OTAY PROJECT, L.P
WHEREAS,the property which is the subject matter of this Ordinance is identified in the
Community Purpose Facility(CPF) agreement (CPF Agreement) attached hereto as Exhibit"A"
and is commonly known as Village Two of Otay Ranch and for the purpose of general description
herein consists of 775 acres located south of Olympic Parkway, west of LaMedia Road and to the
east and west of Heritage Road(Project Site); and
WHEREAS, the City of Chula Vista and Otay Project, L.P. would like to change the
provision of the Agreement regarding the trigger for the delivery of the CPF Acreage from a fixed
number of units to 75 percent of the total number of units to be constructed in Village 2; and
I
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Supplemental Environmental Impact Report
("FSEIR 12-01") (SCH#2003091012). The Development Services Director has determined-that
only minor technical changes or additions to this document are necessary and that none of the
conditions-described in Section 15162 of the State CEQA Guidelines calling for the preparation
of subsequent document have occurred;therefore,the Development Service Director has caused
the preparation of a Third Addendum to FSEIR 12-01; and
i
WHEREAS, the Planning Commission set the time and place for a hearing on said
Amendment to the CPF Agreement and notice of said hearing,together with its purpose,was given
by its publication in a newspaper of general circulation in the City and its mailing to property
owners within 500 feet of the exterior boundaries of the Property at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers,276 Fourth Avenue,and the Planning Commission voted 0,=Ua�to recommend to the
City Council approval of the First Amendment to the CPF Agreement for Village Two; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Ordinance to approve the First Amendment to the
CPF Agreement for Village Two.
NOW,THEREFORE,-THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
- 57 -
Ordinance No.
Page 2
I. PLANNING COMMISSION RECORD
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. COMPLIANCE WITH CEQA
The City Council hereby finds,based upon their independent review and judgement, that
the adoption of the Ordinance approving the First Amendment to the CPF Agreement for
Village Two, as described and analyzed in the Third Addendum to FSEIR 12-01, would
have no new effects that were not examined in said Final Supplemental EIR.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council finds that the proposed First Amendment to the CPF Agreement is
consistent with the City's General Plan and Otay Ranch General Development Plan,both
as amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Amendment to the CPF
Agreement(a copy of which is on file in the City Clerk's office),finding it consistent with
the California Government Code, adopted City policies, the General Plan, and the Otay
Ranch General Development Plan.
V. 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.
-58 -
Ordinance No.
Page 3
VI. 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.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
s
3
VIII. 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 Glen R. Googins
Director of Development Services City Attorney
i
i
3
— 59 —
i
i
THIS PAGE LEFT BLANK
-60-
..Attachment 7a
RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk Fee Exempt 6 Gov't Code `6103
(Space above for Recorder's Use)
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT,LX
THIS FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO
("Amendment") dated and effective as of_ , 241 (the "Effective Date") is
entered into by and-among THE CITY OF CHULA VISTA, a California charter city and
municipal corporation ("City"), and OTAY PROJECT, L.P., a California limited partnership
("OPLP"). The City or OPLP are sometimes individually referred to in this Amendment as a '
"Party" and are collectively referred-to as the "Parties". The Parties enter into this Amendment
with reference to the following facts:
1
RECITALS
A. CPF Agreement. OPLP and City are parties to that certain Agreement for the
Provision of Community Purpose Facility (CPF) Acreage for Otay Ranch Village Two dated
August 22, 2012 and recorded in the Official Records of the County of San Diego, State of
California, on November 19, 2412 as Doc. No. 2012-0722469 ("Agreement") for the property in
the City of Chula Vista, State of California, more particularly described in the Agreement.
Terms defined in the Agreement shall have same meaning when used in this Amendment.
B. Timing of Delivery of CPF Site. The Parties would like to change the provision
of the Agreement regarding the timing of delivery of the Restricted Acreage, as provided below
in this Amendment.
C. Amendment. To assure that both Parties can achieve the mutual benefits
envisioned in the Agreement, OPLP and City are amending the Agreement as provided in this
Amendment.
City of Chula Vis ta.4mendmenI toAre ementNo.: l
Y2--CPF agreement amendment,14&cl8
—61 —
I
NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations
of the Parties set forth herein, OPLP and City agree as follows:
1. Delivery of the CPF Site. The trigger for the delivery of the CPF Site is hereby
changed. Rather than using a fixed number of units,the trigger shall be based on a percentage of
units built. Article IV., Section A. of the Agreement (Delivery of CPF Site - Timing of
Development)is hereby replaced in its entirety with the following:
AA. Timing of Development. Prior to the issuance of building permit for the
residential unit representing 75% of the total number of units to be
constructed in Village 2, OPLP shall have graded the Restricted Acreage
to a 3% or less slope, cleared any and all obstructions on the property, and
established legal access and installed utility connections up to the property
boundary."
2. Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
3. Recording, This Amendment shall be recorded by OPLP against all properties
zoned for residential development owned by OPLP located within Village 2,within fifteen (IS)
calendar days of the Effective Date.
[Remainder of page intentionally left blank]
City of Chula Prrta Amendment to yoreement No.' 2
Y2—CPF agreement amendment.)4decl8
_62—
I
I
SIGNATURE PAGE TO
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO '
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT,L.P
IN WITNESS WHEREOF, City and OPLP have executed this Amendment, indicating
that they have read and understood same, and indicate their full and complete consent to its
terms:
CITY OPLP
CITY OF CHULA VISTA, a California OTAY PROJECT, L.P.,
charter city and municipal corporation a California limited partnership
By: By:
Mary Casillas Salas, Mayor Name:
Title:
ATTEST: By:
Name:
Title: s
By:
Kerry K. Bigelow,City Clerk *Attach partnership signature authority.
APPROVER AS TO FORM:
By:
Glen R. Goggins, City Attorney
JAAttotvev\Michae1Sh\Vi112p 21CPF Agreement\V2-Fk0AtnendCPFAgrmnt-t 2.2618-Fi=Ldocx
City of Chula Vista Amendment to Weemenf No.;
V2—CPFagreemenf amendment.l4decl8
—63—
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached,and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }
)ss.
COUNTY OF }
On ,before me,
Notary Public in and for said State, personally appeared
'who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
City of Chula Vista amendment to AgreemeV No.: 4
V2--CPP agreement amendment I4dec18
—64—
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }
)ss.
COUNTY OF }
On ,before nae, ,
Notary Public in and for said State, personally appeared
,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument, j
i
I-certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct,
WITNESS my hand and official seal.
Signature (Seal)
i
1
City of Chula Vista.Amendment to Agreement Na,; 5P2—CPF agreement amendment.1¢dec18
_65—
THIS PAGE LEFT BLANK
66 -
i
Attachment 8
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE SUBDIVISION MAP CVT 19-
0001 FOR OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL NORTH
1. RECITALS
1. Project Site
WHEREAS, the parcel, that is the subject matter of this Resolution, is represented in
Exhibit A,attached hereto and incorporated herein by this reference,and for the purpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch; and
2. Project; Applications for Discretionary Approval
WHEREAS, on January 9, 2019, a duly verified application for a Tentative Subdivision
Map(PCS-19-0001)was filed with the City of Chula Vista Development Services Department by
Baldwin & Sons (Applicant); to allocate the additional 300 units to RIMU land use district. The
Tentative Subdivision Map creates 608 residential, condominium units, 10 commercial lots and
1,049 parking condominium units on 10.405 acres of land; and
3. Environmental Determination
k
f
WIIEREAS, the Development Services Director reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project was
covered in the previously adopted.Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR 02 -04) (SCH
#1989010154),and has determined that only minor technical changes or additions to this document
are necessary and that none of the conditions described in Section 15162 of the State CEQA e
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Development Services Director has caused the preparation of a Third Addendum to FEIR 02-04;
and
4. Planning Commission Record on Application
WHEREAS, a public hearing time and place was set by the Planning Commission for said
Tentative Subdivision Map 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 properly owners
and residents within 500 feet of the exterior boundaries of the property,at least ten(10)days prior
to the hearing; and
WHEREAS, a hearing at the time and place as advertised, was held before the Planning
Commission in the Council Chambers,276 Fourth Avenue,and said hearing was thereafter closed;
and
—67 —
City Council Resolution No.201.9-
Page 2
WHEREAS,the Planning Commission reviewed and considered the Tentative Subdivision
Map PCS-19-0001; and
WHEREAS, the Planning Commission, after considering all evidence and testimony
presented,by a vote of: .: ; recommends that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 19-0001 for Otay Ranch Planning Area 12 Freeway
Commercial North in Conjunction with the PA-12 Sectional Planning Area (SPA) Plan
Amendment; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Tentative Subdivision Map 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 City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Tentative Subdivision Map at the time and place as advertised in the Council
Chambers,276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
H. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,the City Council
finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the
elements of the City's General Plan,based on the following:
1. Land Use
The General Plan (GP) land use designation is Retail Commercial and Mixed Use
Residential. The proposed project is consistent with these land use designation. . .
The current Otay Ranch General Development Plan (GDP) designation is Freeway
Commercial and Mixed Use. The proposed project is consistent with these land use
designation.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into two subcategories: RIMU
(Residential/Mix-Use) and CIMU (Commercial/Mixed Use). All neighborhoods, as
shown on the Tentative Subdivision Map, are consistent with these designations. In
total, this Tentative Subdivision Map depicts 608 residential units.
—68—
City Council Resolution No, 2019-
Page 3
The subdivision design creates 608 residential condominium units, 10 commercial lots
and 1.,049 parking condominium units on two (2) lots, and one (1) private street. The
proposed project furthers the policy objective for "Urban Villages" to have "higher '
densities and mixed uses in the village cores" and to "provide a wide range of
residential housing opportunities" which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area. The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
3. Circulation
All off-site public streets required to serve the subdivision already exist. The on-site j
private street is designed in accordance with the City design standards and/or I.
requirements and provides for vehicular and pedestrian connections.
4. Economic Development
The proposed project results in an increase of 300 residential units.There is a provision
of a wider range of housing options and pricing for potential home-buyers and renters
in the current housing market.By adding these units,increased patronage to the nearby 1
commercial and public/quasi-public uses can be anticipated to contribute to greater
economic development within Planning Area 12 and the City. 4
The Project allows for development of multi-family housing. The Project provides
homebuyers the opportunity to purchase homes with greater affordability, reduced
maintenance/utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP.The proposed homes also provide further variation in housing
opportunities available to Chula Vista residents, consistent with General Plan (GP)
Objective ED 2. The proposed project also fosters economic development benefits at
--the community level. by providing for increased housing densities within the same f
development footprint.These increased densities allow for infrastructure and municipal
services to be provided at reduced cost per capita (more people served by the same s
municipal-services). Additionally, with increased housing (and population)within the
same development footprint, increased densities improve the viability of community
serving commercial and public/quasi-public uses as well as alternative transportation
modes. As a result,the proposed project may serve as a catalyst for small and midsized
industries and businesses and community serving and neighborhood uses, consistent
with GP Objectives ED 3 and ED 9. E
5. Public Facilities
The project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the project concurrent with the demand for those
services. A Supplemental Public Facilities Financing Plan(PFFP)has been prepared to
analyze the demand generated by 300 new residential units for public services and
facilities,and the phasing needs created by the project.
Storm Water: Otay Ranch FC-2 project existing conditions and proposed drainage
improvements are identified in the "Otay Ranch Planning Area 12, Drainage Study,"
—69—
City Council Resolution No. 2019-
Page 4
dated October 7, 2014, by Hunsaker & Associates. The Hunsaker Drainage Study
identifies the Pre-Development and Post-Development Conditions flow rates for 50-
year and 100-year storm events; the required size of the proposed storm drain facilities
needed to route the expected runoff through the developed site; and a capacity analysis
and recommendation for the existing storm drain capacity once the site is developed.
A Drainage Report and a Storm Water Quality Management Plan (S WQMP) were
prepared.by SB&0 Inc. on August 8, 2018 for the east portion of FC-2.
The current project storm water quality conditions and proposed water quality
improvements are identified in three reports. Each report focuses on a specific area
within FC-2 and includes:
• The Hotel Site: Water Quality Technical Report (Major WQTR)for Otay Ranch
Pillage 12,PA-12 West Residential October 24, 2014 by Hunsaker&Associates.
r The Eastern Residential area: "A Drainage Report and a SWAMP"., August 8,
2018 by SB&O Inc.
■ The Western Residential area: Water Quality Technical Report(Major WQTR)far
Otay Ranch Village 12, PA-12 PVest Residential December 31, 2015 by Hunsaker
&Associates.
The Hunsaker WQTR's and SB&O SWQMP have been prepared to implement the
methods and procedures as described in the City of Chula Vista Storm Water Manual
and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best Management
Practices (BMP) design. The treatment of the runoff from the project is addressed in
the WQTR. The proposed design will utilize on-site Low Impact Development(LID),
BMPs and Bioretention Integrated Management Practices (IMP'S)Treatment Controls
to treat the 85th percentile flow from the development. The FC-2 project is under the
jurisdiction of the San Diego Regional Water Quality Control Board (SDRWQCB).
The FC-2 project is subject to the National Pollutant Discharge Elimination System
(NPDES)requirements both during and after construction.NPDES requirements stem
from the Federal Clean Water Act and are enforced either by the State Water Resources
Control Board(SWRCB)or the Regional Water Quality Control Board(RWQCB) for
the region in which the project is located.
The City of Chula Vista BMP Design Manual March 2019 update to the December
2015 Manual, addresses the onsite post-construction storm water requirements for
Standard Projects and Priority Development Projects (PDPs)and provides procedures
for planning,preliminary design,selection,and design of permanent storm water BMPs
based on the performance standards as required by the Municipal Storm Water Permit
for the San Diego Region[Order No.R9-2013-0001 as amended by R9-2015-0001 and
R9-2015-0100]. All development projects must comply with the requirements.
Wastewater: The project is consistent with Final Environmental Impact Report(FEIR)
Mitigation Measures 5.12-11 through 5.12-13, which require the Applicant to
demonstrate adequate capacity in the Poggi Canyon sewer line. The sewer technical
study(Dexter 2419) demonstrates that there is adequate sewer capacity in the existing
—70 —
City Council Resolution No. 2019-
Page 5
8-inch line that serves the site. The existing 8-inch gravity sewer line is adequate to
convey this projected total flow.
Potable Water Demand: As the subject matter of a GP and GDP amendment
(Resolution No.2015-114), the property was included in a water supply assessment,
which was approved for the project on April 1, 2015. It documents that there is an
assured long term supply of water for the project. This report estimated that the project
would require a supply of 233 AFY to meet the demands of the project and concluded
that the Otay Water District(OWD)could meet these demands. After the 2015 WSAV
report was approved, OWD updated the water demand factors that are used to estimate
demands from future development. Due to the success of water conservation efforts in s
the region and corresponding reductions to OWD water demand factors, the current
demand for the proposed Freeway Commercial project amendment is 217 AFY, or 16 ,
AFY less than the project that was approved in 2015. This reduction in water demand
projections by OWD is consistent with what the San Diego County Water Authority
(SDCWA)reports region wide where their supply of water to the San Diego region was j
less in 2016 than it was in 1990, despite an increase in the population and number of {
residences.
6. Environmental Element
The proposed project has been reviewed in accordance with the requirements of the
CEQA and it was determined that the project was covered in the previously adopted
Final Environmental Impact Report for the Otay Ranch Free-way Commercial
Sectional Planning Area (SPA) Plan - Planning Area 22 (FEIR 02-04)
(SCH#1989010154). A Water Quality Technical Report, Traffic Impact Study,Noise
Impact-Report, Air Quality and Global Climate Change Evaluation, Sewer Service s
Technical Memorandum and Water Service Technical Memorandum have been
prepared, reviewed and approved by City staff. The Development Services Director
has determined that only minor technical changes or additions to this document are
necessary and that none of the conditions described in Section 15162 of the State '
CEQA Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Service Director has caused the preparation of a Third
Addendum to FEIR 02-04.
7. Growth Management
The proposed project will.result in 300 new dwelling units in Freeway Commercial
North. A Supplemental PFFD has been prepared which analyzes any potential impacts
on public facilities and services,and identifies the facilities,phasing and timing triggers
for the provision of facilities and services to serve the project,consistent with the City's
Quality of Life Threshold Standards.
.In response to a previous change in the FC-2 District portion of the project,an analysis
was prepared entitled Otay Ranch PA 12--Trip Generation Review-Revised by Chen-
Ryan Associates, dated 2015. This report was the basis of the First Addendum to the
EIR.The First Addendum concluded that"the FC-2 site would generate approximately
7,506 daily trips, which is lower than the entitled land use trip generation of
approximately 12,145 daily trips for the FC-2 site. Since the proposed modified land
- 71 -
City Council Resolution No. 2019-
Page 6
uses would generate less traffic than the entitled land uses, there are no additional
traffic impacts associated with the proposed modifications."
When the land use changed from Commercial to Mixed-Use in the FC-2 portion of the
project,an analysis was prepared entitled"Otay Ranch PA 12 Trip Generation Review
—Revised"by Chen Ryan Associates,dated 2015.This report was the basis of the First
Addendum to the EIR. The First Addendum concluded that the hotel and mixed-use
land uses would generate less daily and peak hour trips than the entitled Freeway
Commercial uses,there would be no significant traffic impacts associated with the land
use change and thus no additional traffic analysis would be required. The updated
Traffic Memorandum by Chen Ryan dated January 2019 concluded that with the
addition of 300 units,the project will still generate fewer trips than the original Freeway
Commercial uses would generate.According to the January 2019 memorandum(Chen
Ryan 20.19), the FC-2 site would generate approximately 7,681 daily trips, which is
lower than the originally approved commercial land use trip generation of
approximately 12,145 daily trips for the FC-2 site. As analyzed in the traffic
memorandum,there is a reduction in PM peak hour trips(by 524 trips)and an increase
in AM peak hour trips (by 58 trips)but would not result in any new significant traffic:
impacts during the Existing Plus Project or Horizon(Year 2030)conditions.
The project access is via two driveways along Town Center Drive and one driveway
along Olympic Parkway, between Town Center Drive and Eastlake Parkway (right-
in/right-out). The analysis indicates that both intersections. of. Town Center Drive 1
Olympic-Parkway and Town Center Drive 1 Town Center Loop would continue to
operate at acceptable LOS D or better with addition of the project traffic. All three
.proposed project driveways would operate at acceptable LOS D or better under
Existing Plus Project conditions. The addition of project traffic would not result in any
traffic impact within.the project study area. The analysis also indicates that the Year
2030 geometrics of the project are adequate to accommodate the projected Average
Daily Traffic(ADT).
The project site is within the boundaries of the Chula Vista Elementary School District
(CVESD) and within the Sweetwater Union High School District (SUHSD). At
completion, the proposed project could generate approximately 463 students. The
Applicant will mitigate impacts on secondary and elementary school facilities through
participation in CVESD and SUHSD Community Facility Districts(CFD&).
8. Open Space and Conservation
The proposed project meets the minimum open space requirement in accordance with
the Freeway Commercial SPA Plan and Planned Community District Regulations.The
project generates a demand of 2.36 acres of park land for the additional 300 units.
Pursuant to the Development Agreement between the Applicant and the City of Chula
Vista, this obligation will be met through the payment of a Park Benefit Fee as
described in the Development Agreement.
— 72—
City Council Resolution No. 2019-
Page 7
The Otay Ranch Resource Management Plan (RMP) requires conveyance of 1.188
acres of land to the Otay Rauch Preserve for every one-acre of developed land prior to
the recordation of any Final Map. In association with the original Final Map for this
Project, Map 16291, 40.761 acres were conveyed to the Otay Ranch Preserve Owner
Manager via recorded Open Space Easement Doc# 2018-0325995. Since the project
dedicated Multi-species Conservation Plan(MSCP) open space preserve lands prior to
recordation of the original Final Map,the project is consistent with the requirements of
the Otay Ranch RMP and MSCP Subarea Plan.
The proposed land form grading conforms to the City's Grading Ordinance and retains
regional and natural open space features. The development of the site is consistent with
the goals and policies of the Conservation Element.
9. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed E
subdivision for conformance with City safety policies and have determined that the
proposal meets those standards.
10.Noise
The project has beenreviewed for compliance with the Noise Element and will comply
with applicable noise measures at the time of issuance of a Building Permit.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration,orientation,and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities and that the development of the
site will be subject-to site plan and architectural review to insure 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 hereby certifies that it has considered the effect of this approval on the housing
needs of the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan designation Freeway Commercial(28-45 dwelling units per acre)
allows for a maximum of 608 units/lots and the project proposes 3 lots. The project is
within a SPA/Specific Plan area.
(b) design or improvement is consistent with applicable general and specific plans. The
Project's design of 3 lots is consistent with the Freeway Commercial, (FC-2) zoning
— 73
City Council Resolution No. 2019-
Page 8
classification which is consistent with the General Plan's Freeway Commercial
designation.
(c)site is suitable for the proposed density of development. The project's 3 lots are below
the allowed density range of 27-45 dwelling units per acres with a maximum yield of 608
units/lots.
(d) site is physically suitable for the type of development. The project is surrounded by
multi-family and commercial development with available access and infrastructure to serve
the project.
(e) 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 landform disturbance with cut
and fill slopes balance,and on a disturbed site that avoids permanent disturbance or injury
to wildlife or their habitat.
(f) 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.
(g) subdivision-or-the type of improvements will not conflict with easements, acquired by
-the-public_atlarge,for access through or use of,property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to a legislative body to determine that the
public at large has acquired easements 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 existing easements.
E. The site is physically suited for residential development because it is generally level and is
located adjacent to existing residential developments.The project conforms to all standards
established by the City for a residential development.
F. The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extent to the impact created by the
proposed development.
111. TENTATIVE MAP CONDITIONS OF APPROVAL
Unless otherwise specified or required by law, the conditions and Chula Vista Municipal
Code ("CVMC" or "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 their designees. Unless otherwise specified, "dedicate"means grant the
— 74—
City Council Resolution No. 2019-
Page 9
appropriate easement, rather than fee title. Where an easement is required the Applicant
shall be required to provide subordination of any prior lien and easement holders in order
to ensure that the City has a first priority interest and rights in such land unless otherwise
excused by the City. Where fee title is granted or dedicated to the City, said fee title shall
be free and clear of all encumbrances,unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval and
any other entitlement document, any conflict shall be resolved by the City Manager or i
designee.
1. The Applicant,or his/her successors in interest,shall develop and maintain the project site
in accordance with the approved plans,which include site plans,floor plans, and elevation
plans on file in the Planning Division,the conditions contained herein,and Title 19. ,
2. The project shall comply with approved General Plan Amendment GPA-12-03, General
Development Plan Amendment PCM-12-15, Sectional Planning Area (SPA) Plan PCM
12-16, and Tentative Subdivision Map, Tract 05-02 and all supporting documents
including but not limited to the Public Facilities Finance Plan, Parks, Recreation, Open N
Space and Trails Plan, Affordable Housing Plan, Non-Renewable Energy Conservation
Plan, Air Quality Improvement Plan, Water Conservation Plan, Fire Protection Plan and
the City of Chula Vista Standard Tentative Map Conditions, as attached hereto, or on file
in the Development Services Department, and incorporated herein.
3. The Applicant shall pay in fill] any unpaid balance for the project, including Deposit
Account No. DDA0384.
4. The Applicant shall implement, to the satisfaction of the Development Services Director 4
and the City Engineer, the mitigation measures identified in the Final Environmental
- Impact Report (FEIR 02-04); Third Addendum to FEIR 02-04 and associated Mitigation
Monitoring and Reporting Program (MMRP) for the project, within the timeframe
specified in the MMRP.
5. The Applicant shall submit Covenants, Conditions and Restrictions (CC&R's) for review
and approval prior to approval of the Final Map. Said CC&R's shall include the following:
a. Indemnification of City for private sewer spillage.
b. Listing of maintained private facilities.
c.The City's right but not the obligation to enforce the CC&R's
d. Provision that no private facilities shall be requested to become public unless all
homeowners and 100%of the first mortgage obligee have signed a written petition.
e. Maintenance of all walls, fences, lighting structures,paths,recreational amenities
and.structures, sewage facilities, drainage structures and landscaping.
f. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
— 75 —
City Council Resolution No. 2019-
Page 10
6, Said CC&R's shall be consistent with CVMC Chapter 18.44,the Subdivision Ordinance,
and shall be recorded concurrently with the Final Map.
7. The CC&R's for each Homeowners Association(HOA) within the project shall contain a
provision that provides all new residents with an overflight disclosure document that
discloses the following information during any real estate transaction or prior to lease
signing,as required by the Brown Field ALUCP:
NOTICE OF AIRPORT YICINIYY.• This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
or lease and determine whether they are acceptable to you.
A copy of the above disclosure document shall be recorded with the San Diego County
Recorder's Office and a conformed copy submitted to the City of Chula Vista as part of
project approval.. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase or
lease of a home.
8. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residentiallcom#nercial or multi-family residential uses. Ownership of individual
parking condominium units must be in compliance with the parking requirements of the
PC District Regulations of the Otay Ranch Freeway Commercial Sectional Planning Area
Plan(PC District Regulations). Residential or Commercial condominium units must at all
times be in compliance with the parking requirements of the PC District Regulations
through direct ownership of the parking condominium units required or legal rights to use
the required parking condominium units such as through a recorded shared parking
agreement approved by the Development Services Director.
9. The Applicant shall construct public facilities in compliance with the Otay Ranch Freeway
Commercial SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the.Applicant's request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
10. Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from.the Otay Water District that the subdivision will be
provided adequate water service and long-term water storage facilities.
— 76—
City Council Resolution No. 2019-
Page 11
11. Prior to approval of any Final Map or Grading Plan for the project,the Engineer-of--Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map,and not conforming to adopted
City standards. The Engineer-of-work request shall outline the requested subdivision
design deviations from adopted City standards and state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
12. Prior to approval of any Construction Permit,the Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer.
Grading:
s
13. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft.wide level bench for landscaping
and maintenance access adjacent to the wall.
i
14. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation plans to the
satisfaction of the Development Services Director.
15. Prior to issuance of any Grading Perna t,the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the Development Services Director and the City Engineer.
16. Prior to th-e issuance of any Construction or Grading Permit which impacts offsite property,
the Applicant shall-deliver to the Development Services Director and City Engineer, a
notarized letter of permission to construct or grade and drain for all off-site grading.
17. Prior to issuance of any Grading or Construction Permit based on plans proposing the
creation.of down slopes adjacent to public or private streets, the Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. The Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated Construction Permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be installed
per CalTrans Traffic Manual and Roadside Design Guide requirements and American
Association of State Highway and Transportation Officials (AASHTO) standards to the
satisfaction of the City Engineer,
I
18. The Applicant shall ensure that all private lot drainage and slopes comply with the current
Building Code used by the City of Chula Vista
— 77—
City Council Resolution No. 2419-
Page 12
Sewer:
19. All gravity sewers shall be designed to convey peak wet weather flow. For pipes with a
diameter of 12 inches and smaller, the sewers will be designed to convey this flow when
flowing half full.All new sewers shall be designed to maintain a minimum velocity of two
feet per second(fps)at design capacity to prevent the deposition of solids.
20. Prior to each Final Map the Applicant shall either demonstrate that Poggi Sewer has
adequate capacity or up.size the inadequate segment, all to the satisfaction of the Director
of Development Services and the City Engineer.
21. Upon Tentative Map approval, or as required by the Development Services Director, the
Applicant shall fund updates of the Poggi Canyon Sewer Development Impact fee (DIF)
to include the project's proposed additional units. Further,the Applicant shall agree not to
protest the update of the Poggi Canyon Sewer DIF.
Parks:
22, The Applicant shall pay a.Park Benefit Fee (which is equal to the City's PAD fee at the
time of payment)to the City for all additional 300 residential units constructed in FC-2 in
accordance with the "First Amendment to the Development Agreement between the City
- of Chula Vista,-Village II Town Center, LLC and Sunranch Capital Partners, LLC."Park
Benefit Fees may be utilized by the City to acquire or develop parkland serving the City's
eastern territories.
Traffic:
_ - 23. The Applicant- shall comply with all the requirements of the "Otay Ranch Freeway
Commercial North Traffic Analysis"by Chen Ryan, dated April 2019.
24. Prior to the issuance of the first Building Permit for the East Mixed-Use,a signal at Town
Center Drive and Promenade St. shall be constructed as shown as#4 in Table C.2.
25. Prior to the issuance of the first Building Permit, the street improvements along Town
Center Drive,in.accordance with Drawing No. 15039 shall be completed to the satisfaction
of the City Engineer and Director of Development Services.
The following on-going conditions shall apply to the project site as long as it relies on this
approval:
1. Approval of this request shall not waive compliance with any sections of the Chula Vista
Municipal Code nor any other applicable City Ordinances in effect at the time of building
permit issuance.
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
_ 7g_
City Council Resolution No. 2019-
Page 13
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of
this Tentative Map, (b) City's actions on any environmental document concerning this
Tentative Map and (c) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the project
site. The Property Owner and Applicant shall acknowledge their agreement to this
provision by executing a copy of this Resolution where indicated below. The Property
Owner's and Applicant's compliance with this provision shall be binding on any and all of
the Property Owner's and Applicant's successors and assigns.
3, All of the terms,covenants and conditions contained herein shall be bindingupon p on
and more
to the benefit of the heirs, successors, assigns and representatives of the Applicant as to
any or all of the property.
i
4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan;the City's Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway Commercial Sectional Planning Area
(SPA) Plan and supporting documents including: Public Facilities Finance Plan and
supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are,by their terms,to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted;institute and prosecute litigation to compel their compliance with
said conditions;and/or seek damages for their violation. The applicant shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City.
6. The applicant shall comply with all applicable Freeway Commercial SPA conditions of
approval, (MPA19-0011) as may be amended from time to time.
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
— 79 —
i
City Council Resolution No. 2019-
Page 14
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 Government Code Section 56020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
set aside,void or annual imposition. The right to protest the fees,dedications,reservations,
or other exactions does not apply to planning,zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and
agreed to the conditions contained herein, and will implement same. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the
sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned
to the City's Development Services Department. Failure to return the signed and stamped
copy of this recorded document within 10 days of recordation shall indicate the Property
Owner/Applicant's desire that the project, and.the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
Signature of Property Owner Date
Signature of Applicant Date
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the City of Chula Vista
Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance.
VII. INVALIDITY;AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term,provision, and condition herein stated; and that in the event
that any one or more terms, provisions, or conditions are determined by a Court of competent
jurisdiction to be invalid,illegal,or unenforceable,this Resolution and the permit shall be deemed
to be automatically revoked and of no further force and effect ab initio.
—80—
City Council Resolution No. 2019-
Page 15
BE IT FURTBER RESOLVED, that the City Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein, hereby approve Tentative
Subdivision Map CVT-19-0001 for Otay Ranch Planning Area 12 Freeway Commercial North in
conjunction with the PA-12 SPA Plan Amendment.
Presented by: Approved as to farm by:
Kelly Broughton,FSALA Glen R. Googins
Development Services Director City Attorney
r
f
i
a
r
f
t
i
r
s
3F
I
i
—$ 1 —
i
i
THIS PAGE LEFT BLANK
-82 -
Attachment 9
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN REVIEW PERMIT
DR17-0037 TO CONSTRUCT A MIXED-USE PROJECT
CONSISTING OF A 578 UNIT APARTMENT COMPLEX,
15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED
PARKING STRUCTURES ON TWO LOTS CONSISTING OF
10.4 ACRES LOCATED IN THE OTAY RANCH FREEWAY
COMMERCIAL NORTH,NEIGHBORHOOD PA-12
I. RECITALS
WHEREAS,on November 5,2017,a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by
Baldwin& Sons, LLC (Applicant); and
WHEREAS,the application requests approval of a Design Review Permit to allow
construction of a mixed-use project consisting of 578 residential apartments, 15,000 square
feet of retail uses, two integrated parking structures on two lots consisting of 10.4 acres
(Project);and
WHEREAS, the Design Review application implements the Freeway Commercial
North SPA Plan Design Guidelines and Master Precise Plan; and
WHEREAS, staff recommends that, based upon the findings made, the City
Council approve the Design Review application DR17-0037; and
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the Project was adequately covered in previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional �
Planning Area (SPA) Plan - Planning Area 12 (FEIR 02-04) (SCH#1989010154). The
Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FEIR 02-04; and
WHEREAS, the City Clerk set the time and place for the hearing on the Design
Review request and notices of said hearing, together with its purposes 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 (10) days
prior to the hearing; and
WHEREAS, the duly called and notified public hearing on the Design Review was
heard before the City Council in the City Council Chambers in City Hall, 275 Fourth
Avenue.
—83—
Resolution No.
Page 2
II. DESIGN REVIEW FINDINGS/APPROVAL
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chula
Vista that it hereby makes the following findings:
I. That the proposed project is consistent with the development regulations of the
Freeway Commercial North Sectional Planning Area (SPA) Plan and Planned
Community(PC) District Regulations.
Neighborhood RIMU is designated Residential Multi-Family/Mixed-Use (R/MU) in
the PC District regulations of the Freeway Commercial North SPA.Plan.The proposed
multi-family and retail mixed-use is permitted and meets all of the development
regulations as stipulated in the Otay Ranch Freeway Commercial North PC District
Regulations as conditioned.
The allowable density on the site is a total of 608 units. The Applicant is proposing to
build a total of 578 units in two separate buildings. Each building includes interior
parking in addition to guest parking. The project requires 444 parking spaces, and.
provides 497 spaces within building A;and 572 required with 597 provided in building
B. The maximum allowable building height is 85 feet and the project proposes 58-feet
for the majority with 84 feet at the highest point for the project features (i.e. towers).
The lot area, floor area ratio, and setback requirements are subject to Design Review
(DR).
The site was intended for a mixed-use within a larger commercial serving a regional
market as well as providing residential homes inclose proximity.The commercial retail
use,as proposed,will serve a local market demand,in addition to the demand of visitors
to the Chula Vista area.
2. That the proposed project is consistent with the design and development standards
of the PYeeway Commercial North SPA Design Plan and Master Precise Plan.
The Project is in compliance with the Multi-Family/Mixed Use Freeway Commercial
North SPA. Design Plan, and is consistent with the SPA density requirements.
Enhanced architectural details are proposed along the street elevations and the layout
of the site. Outdoor recreational areas for the residents and a plaza area are provided in
front of the retail shops which provides for a pedestrian oriented design in accordance
with the Otay Ranch Freeway Commercial North SpA Plan. A total of 1,016 parking
spaces are required.The project proposes 1,065 spaces.The total building height is five
stories,58-feet.The lot coverage and setback requirement are subject to Design Review
(DR).
— 84 —
Resolution No.
Page 3
III. CONDITIONS OF APPROVAL
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee,prior to issuance of Building Permits,unless otherwise specified:
Development Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein,and Title 19.
f
2. Prior to,or in conjunction with the issuance of the first Building Permit,the Applicant shall
pay all applicable fees,including any unpaid balances of permit processing fees for deposit
account DDA-0092.
3. The colors and materials specified on the building plans must be consistent with the colors
and materials shown on the site plan and materials board approved by the City Council.
4. A graffiti resistant treatment shall be specified for all first floor wall and building surfaces.
This shall be noted for any building and wall plans and shall be reviewed and approved
prior to the issuance of Building Permits. Additionally, the Project shall conform to
Section 9.20.055 of the Chula Vista Municipal Code (CVMC)regarding graffiti control.
5. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets. Such screening shall be architecturally integrated with the building
design.
i
1
6. All ground mounted utility appurtenances such as transformers,AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of '
concrete or masonry walls,berming,and/or landscaping.
7. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans.
8. The Applicant shall provide a bus stop along Olympic Parkway in accordance with the
Metropolitan Transit System requirement.
Land Development Division/Landscape Architecture Division
The following shall be accomplished to the satisfaction of the City Engineer or designee,
prior to issuance of Grading or Building Permits,unless otherwise specified:
—85—
Resolution No.
Page 4
9. The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the project.
► Sewer Connection and Capacity Fee
► Traffic Signal Fee
• Public Facilities Development Impact Fees(PF'DIF)
10. The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the Project,or as amended from time to time.
11. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 12.12.130 of the CVMC. Also, landscaping, street furniture, or
signs shall not obstruct the visibility of a driver at the street intersections or driveways.
12. The Applicant shall provide a circulation analysis demonstrating:
a. Solid Waste Truck Movements.
b.How cars can turn around when pulling out from the garage.
c.Location of visitor parking.
13. The driveway within the complex shall be designated as private.
14. On May 2013,the California Regional Water Quality Control Board for the San Diego Region
reissued (SDRWQCB) a municipal storm water, National Pollutant Discharge Elimination
System(NPDES)permit(Municipal Separate Storm Sewer Systems Order No. R9-2013-0001
and as amended by Order Nos R9-2015-0001 &R9-2015-0100 [1VMS4 Permit])that covered its
region.
15. The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista Best
Management Practices (BMP) Design Manual, April 2019 and as amended (BMP Design
Manual) for both construction and post-construction phases of the Project. Prior to Planning
approval, documentation shall be provided, to the satisfaction of the City Engineer, to
demonstrate such compliance.The BUT Design Manual is available on the City of Chula Vista
website at: http,//www.chulavistaca.gov/departments/public-works/services/storm-water-
pollution-prevention/documents-and-reports.
16. The Applicant is required to complete and submit the Storm Water Requirements Applicability
Checklist for All Permit Applications with any Planning Application request.
17. The following referenced forms shall be completed, signed by the owner, submitted to and
approved by Land Development Division. A Form can be found at the following link:
http://www.chulavistaca.gov/home/showdocument?id-12085
-"Storm Water Quality Management Plan, SWQMP for Standard Projects"
-"Construction Storm Water Pollution Control Pian CSWPCP, for standard Project"
-86-
Resolution No.
Page 5 -
18. Prior to the approval of the grading plans,the Applicant shall execute a Storm Water Facilities
Maintenance Agreement with Grant of Access and Covenants with the City for the proposed
BMPs for the site.
19. Prior to obtaining any Building Permit for the Project,or approval of the Final Map(whichever
occurs first), if the Project's total on-site improvements exceed Engineering Threshold of
(currently: $57,653.00),per CVMC, Section 12.24.020,then the Applicant shall be required to
obtain a Construction Permit from the Land Development Section of the Department of
Development Services. (The On-Site Improvements Trigger for Installation of Public
Improvements is adjusted on an annual basis on July 1 based on the Engineer Construction
Cost Index, See Attachment).A Construction Permit is required to perform the following work
in the City's right-of-way, which may include, but is not limited to: (For Commercial,
Industrial and Multifamily Residential, the following applies: 1. Limits the cost of
reconstructing existing street improvements to meet current standards to 25%of the building
permit valuation.2,Requires Americans with Disabilities Act(ADA)pedestrian improvements
in the right of way,if any are lacking or substandard.The required ADA improvements would
be limited to 20% of the building permit valuation.)
s
a. Installation of a driveway(s) meeting design standards as shown in Chula Vista
standard detail CVCS-1B. Dedication of RIW as needed in order for driveway to
comply with American Disability Act(ADA)requirements.
b. Utilities Trenching and Restoration shall be installed in accordance with CVCS-3 &4
20. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required,as necessary.
21. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
22. The Applicant shall clearly show the existing and proposed sanitary sewer lines and how the
site will connect to the City's public sewage system. No sewer lines will be allowed to be
located under existing or proposed buildings.The Applicant shall indicate whether sewer lines
are private or public.
23. Sewer lateral and storm drain connections to existing public utilities - The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that are to
be used by the new development. Laterals and connections may need replacement as a result
of this inspection.
24. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains
shall be privately maintained from each building unit to the City-maintained public facilities.
25. All proposed sidewalks, walkways, pedestrian ramps,and disabled parking shall be designed
to meet the City of Chula Vista Design Standards,American Disability Act(ADA) Standards,
and Title 24 standards, as applicable.
—87 —
Resolution No.
Page 6
26. Any private facilities (if applicable) within Public right-of-way or City easement will require
an Encroachment Permit prior to improvement plan or Building Permit approval.
27. All utilities serving the subject property and existing utilities located within or adjacent to the
subject property shall be under grounded in accordance with the applicable Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be under
grounded prior to the issuance of Building Permits.
28. The Applicant shall submit full landscape and irrigation plans for review and approval by
the City's Landscape Architect.
The following shall be accomplished to the satisfaction of the City Fire Marshall or
designee,prior to issuance of Grading or Building Permits,unless otherwise specified;
Fire Department
29. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements,,including but not limited to: the current California
edition of Building Code(CBC),Fire Code(CFC),Mechanical Code,and Residential Code
as adopted and amended by the State of California and the City of Chula Vista.
30. For 313,019 square feet of Type VA/IA construction, this project will require a fire flow
of 5,8 80 gallons per minute for a 4-hour duration at 20 p.s.i.
31.Based upon the required fire flow for Type VA/IA construction type, a minimum of 8 fire
hydrants are required to serve this Project.
32. Where a portion of the building is more than 400 feet from a fire hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided
33. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
34.A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen
Williams formula shall be used in the determination of these flows and pressures. The
analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
35.Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
_gg _
Resolution No.
Page 7
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
36. Buildings shall be provided with Knox appliances.Provide in accordance with Multi-tenant
standard detail(one required at each business suite).
• Provide a Knox Vault at the main entrance to the building
• Provide a Knox Box at the Fire control Room
37. The building(s) shall be addressed in accordance with the following criteria:
• 0—50ft from the building to the face of the curb=6-inches in height with a 1-inch
stroke
• 51 - 150ft from the building to the face of the curb= 10-inches in height with a 1 '/z
-inch stroke
• 151 ft from the building to the face of the curb = 16-inches in height with a 2-inch
stroke
38. This Project is to be protected throughout by an approved automatic fire sprinkler system. €
's
39. This Project is to be protected throughout by an approved fire alarm system
I
M The following on-going conditions shall apply to the project site as long as it relies on this
approval:
1. Approval of this request shall not waive compliance with any sections of the CVMC,
and any other applicable City Ordinances in effect at the time of building permit
issuance.
t
I
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission members,
officers,employees and representatives, from and against any and all liabilities,losses,
damages, demands, claims and costs, including court costs and attorney's fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City's actions on any environmental document concerning this Project,(b)approval of s
this Design Review and(c) City's approval or issuance of any other permit or action,
whether discretionary or nom-discretionary, in connection with the use contemplated
-on-the project site. The Property Owner and Applicant shall acknowledge their
agreement to this provision by executing a copy of this Resolution where indicated
below. The Property Owner's and Applicant's compliance with this provision shall be
binding on any and all of the Property Owner's and Applicant's successors and assigns.
3. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs,successors, assigns and representatives of the Applicant
as to any or all of the property.
Resolution No.
Page 8
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan;the City's Growth Management Ordinance;Chula Vista Landscape
Manual; Chula Vista Landscape Water Conservation Ordinance; Chula Vista Design
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of
the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any
material modifications shall be subject to approval by the Planning Commission.
5. If any of the terms, covenants or conditions contained herein shall fail to occur or if
they are,by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms,the City
shall.have the right to revoke or modify all approvals herein granted including issuance
of building permits,deny,or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their violation. The
applicant shall be notified 10 days in advance prior to any of the above actions being
taken by the City and shall be given the opportunity to remedy any deficiencies
identified by the City.
V. GOVERNMENT CODE SECTION 55020 NOTICE
Pursuant to Government Code Section 65020(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 Government
Code Section 55020(a) and failure to follow timely this procedure will bar any
subsequent legal action to attack, set. aside, void or annual imposition. The right to
protest the fees,dedications,reservations,or other exactions does not apply to planning;
zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations,
or other exactions which have been given notice similar to this, nor does it revive
challenges to any fees for which the Statute of Limitations has previously expired.
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and 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 signed and returned to the City's Development
Services Department.
- 94-
Resolution No.
Page 9
Signature of Property Owner Date
Freeway Commercial North, MUR
Printed Name of Property Owner
Signature of Applicant Date
1
Printed Name of Applicant
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
E
e
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time; if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted,institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. Failure
to satisfy the conditions ofthis permit may also result in the imposition of civil or criminal
penalties.
VIII. INVALIDITY;AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term,provision and condition herein stated;
and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no
further force and effect.
BE IT FURTHER RESOLVED that the City Council,based on the above findings
and the evidence presented, hereby approves the subject Design Review Permit, DR17-
0037.
_91 _
Resolution No.
Page 10
Presented by: Approved as to form by:
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney
-92 -
Attachment 10
Freeway Commercial Density Increase
Issues and Responses
M RA17-0011/DR17-0037
Issue Response
1 Additional units will cause increased traffic, A traffic study for the proposed project was
including pedestrian safety concerns. prepared by Chen Ryan, a registered Traffic
Engineer, and was reviewed by the City's
registered Traffic Engineer. The adjacent
roadways will continue to operate at acceptable
levels of service during both the AM and PM peak
hours. In addition to project intersections, the
study also analyzed the project in conjunction
with other projects already built to examine the
cumulative effects. A buildout analysis was l
conducted which includes all traffic from regional
and local growth,aswell as all planned cumulative
projects. The forecast traffic volume was obtained
from one of City's most recently approved
Environmental Impact Reports (EIRs) (University
Village EIR).
The traffic study also analyzed pedestrian counts
and signal timing for pedestrian safety.The signal
timing calculation included pedestrian crossing
timing which confirmed that the project does not
result in any impact to pedestrian safety at the
intersections analyzed. The study concluded that
all roadways and intersections will continue to
operate at acceptable levels of service, and the
addition of project traffic will not result in any
traffic impacts on any of the study segments and
intersections.
2 Schools will be overcrowded. The project is served by the Chula Vista
Elementary School District and Sweetwater Union j
High School District. In letters to the Applicant
dated December 11, 2018 and January 31, 2019
both school districts have indicated to the
- Applicant that there are no Objections to the
project and they have enough capacity to serve
the students from the project.
3 There is not enough water supply to serve The Otay Water District (OWD) is the supplier of
the project. water to this project and OWD in its letter dated
December 14, 2017 to the Applicant has
determined that it has adequate supplies and
infrastructure to serve the project.
1
—93
Freeway Commercial Density Increase
Issues and Responses
MPA 17-0 011/D R 17-0037
4 Police and fire service will be inadequate Developer will pay impact fees to the City to cover
with additional units. the cost for additional police and fire facilities.
5. What is the CEQA review requirement for Section 21002 of the California Environmental Act
the project? (CEQA)requires that an EIR identify the significant
effects of a project. on the environment and
provide measures or alternatives that can mitigate
or avoid those significant effects. The Freeway
Commercial Sectional Planning Area (SPA) was
analyzed in the previously adopted Final
Environmental Impact Report (FEIR) for the Otay
Ranch Freeway Commercial SPA Plan - Planning
Area 12 (FEIR 02-04) (SCH #1989010154). The
First Addendum to the FEIR was approved for the
General Plan and Otay Ranch General
Development Pian Amendments in May 2015.The
Second Addendum to the FOR was approved for
the SPA Plan Amendment in September 2016.The
First and Second Addendums to the FEIR analyzed
the impact of the General Pian, General
Development Plan and SPA Plan amendments,
based on the urban, mixed use development
proposal. As a result of this analysis, the basic
conclusions and impacts identified in FEIR 02-04
were determined to not have changed. The land
use and public service impacts for the proposed
project are found to be less than significant and
were adequately covered in FEIR 02-04 for the
previous two Addendums. Therefore, in
accordance with Section 15164 of the CEQA
Guidelines, the City has prepared the Third
Addendum to the FEIR. The Third Addendum
provides an environmental analysis of the
potential impacts associated with implementing
the proposed Freeway Commercial SPA Plan and
Master Precise Plan Amendment. As a result of
this analysis, the basic conclusions and impacts
identified in FEIR 02-04 were determined to not
have changed. The land use and public service
impacts are found to be less than significant for
this SPA Plan amendment, Design Review and
Tentative Map proposed project and were
adequately covered in FOR 02-04.
6. Are citywide services adequate to serve the A Public Facilities Finance Pian (PFFP) has been
proposed density increase? prepared as a supplemental document to the
original PFFP dated April 1, 2003. The Freeway
2
— 94—
Freeway Commercial Density Increase
Issues and Responses
M PA17-0011/DR17-0037
Commercial North Supplemental PFFD for this
project analyzes the proposed 304-unit addition,
any potential impacts on public facilities and
services, and identifies the facilities, phasing and
timing triggers for the provision of facilities and
services to serve the project, consistent with the
City's Quality of Life Threshold Standards. The
PFFP describes in detail the cost, financing
mechanism and timing for construction of
necessary public facilities based on the project's
proposed phasing.
The public facilities needed to serve the project
will be guaranteed by placing conditions of
approval on the Tentative Map, requiring
payment of various fees at the building permit
stage, and/or continuing payment of bond
payments under the approved Community
Facilities Districts to finance or maintain public
facilities. The PFFP included an analysis of
transportation, drainage, water, sewer, fire,
schools, libraries, parks, and fiscal impacts of the
project.
i
i
s
i
I
9
3
—95—
THIS PAGE LEFT BLANK
-96-
Attachment 11
��r D e v e l o p m e n t 5 e r v 1 c e s D e p a r t m e n t
Planning Divls€on Development processing
GIW OF
CHLRA VISTA APPLICATION APPENDIX 8
Disclosure Statement
Pursuant to City Council Policy 101-01,prior to any action on a matter that requires discretionary action by the City
Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain
ownerships,financial interest, payments,and campaign contributions rust be flied. The following information must
be disclosed;
1. List the names of all persons having a financial interest in the project that 1s the subject of the
application,project or contract(e,g.,owner,applicant,contractor,subcontractor,material supplier),
2. If any person*identified in section 1,above is a corporation or partnership,list the names of all
Individuals with an investment of$2000 or more In the business(corporation/partnership)entity.
4 IV AVlww''O�
3. if any person*identified In section 1,above is a non-profit organization or trust,list the names of
any person who is the director of the nonprofit organization or the names of the trustee,beneficiary '
and trustor of the trust.
Wf f
� f
4. Please Identify every person, including any agents,employees,consultants,or independent
contra(-tors,whom you have authorized to represent you before the City in this matter, ; l
S. Has any person*identified in 1.,Z.,3„or 4.,above,or otherwise associated with this contract,project
or application,had any Financia€dealings with an officia€**of the City of[hula Vista as It relates to this
contract,project or application within the past 12 months? Yes No
i
If yes,briefly describe the nature of the financial interest the official**may have in this contract,
276 Fourth Avenue I Chula Vista California 1 91910 1 1619) 691.5101 n�
— 97 —
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 Dlvis[on I Development Processing
C11Y OF
CHULA VISTA APPLICATION APPENDIX B
Disclosure Statement - Page 2
6. Has any person*identified In %2„3.,or 4, above,or otherwise associated with this contract, project
or application,made a campaign con trlbut!on of more than$250 within the past(12)months to a
current rnember of th.e City o Chula Vista Council? Yes.._ . No
if yes which council member? • , _
7. Has any person*identified in 1.,2.,3.,or 4„ above,or otherwise assoclated with this contract, project
or application,provided more than$420(or an Item of equivalent value)to an official*"of the City of
Chula Vista in the past(12)months? (This includes any payment that confers a personal benefit on the
recipient,a rebate or discount in the price of anything of value,money to retire a legal debt,gift, loan,
etc.) Yes No.lx_
If yes,whl.ch official"* and what was the nature of the item provided? _
a. Has any person *Identified in 1„2„3.,or 4„above,or otherwise associated with this contract,project
or application,been a source of income of$504 or more to an official"of the City of Chula Vista in the
past(T2)months? Yes No 1
If yes,which off iclaI** and the nature of the item provided i
i
i
}
}
Date /I 117
Signature of Contractor/fAppl.Icant
Print or type name of Cont ractor/Appllcant
Person is Wentifiad as;any individual,fIrm,.co-partnership,joint venture.,association,soclal club,
fraternal organization,corporation,estate,trust,receiver,syndicate,any other county,city,rnunicipall ty,
district,or other pollticai subdivision,or any other group c comb[nation acting as a unit.
** official includes,but is not limited to: Mayor,Council member,Planning Commissioner,Member of a
board,commission or committee of the City,and City employee or staff members,
**' This disclosure Statement must be completed at the tune the project app11cation,or contract, is submitted
to City staff for processing,and updated within one week prior to consideration by legislative body,
Last Updated; March 16,201 a
• E*M
276 Fourth Avenue ChulaVlsta California 91.910 (619) 691.51a1
—98—
ATTACHMENT 12
(Dtay Ranch GDP, Freeway Commercial North SPA Amendments,
Tentative Map, Design Review, Third Addendum to FEIR 02-04, and
Technical Reports)
VIA FLASH DRIVE
3
{
S
s
f
fs
i
s
S
i
-99-
i