HomeMy WebLinkAboutItem 10 - Written Communications - Various1
Kerry Bigelow
From:Benjamin Dejo <
Sent:Saturday, June 15, 2019 4:55 PM
To:Mike Diaz; Steve C. Padilla; Jill Galvez; John McCann; Mary Salas
Cc:gustavo.solis@sduniontribune.com; sara.libby@voiceofsandiego.org
Subject:June 18, 2019 Council Agenda, Item 10, freeway commercial VOTE NO FOR THE VOTERS
OF CHULA VISTA
Dear Councilmen and women,
I am concerned with where our city is headed. Traffic is bad and getting worse, overcrowding is affecting our everyday
lives in negative ways (have you tried going to costco lately?), but the city always seems ready to approve more homes.
Not to mention there are about 15,000 units and a college, still to be built in the area. Enough is enough.
As such, I took the time to read the development agreement associated with the freeway commercial development and
am appalled by the blatant give away to the developer at the cost of the residents of chula vista. Just say no to this
development, we don't need it. We already have a deal that is better than this one.
The development agreement is very one sided in favor of baldwin and the agenda statement does not adequately
identify the negative impacts to the citizens of chula vista. Two sentences about the development agreement does not
begin to describe what giveaways are in it for the developer. How can you even make a decision based on the report?
In return for OPPORTUNITY to have 300 more houses with more traffic, more people and declining revenues to city, the
agreement would allow the baldwins to:
-delay the delivery of the second hotel (section 5.12 of development agreement) and the payment of $629,800 a year if
they don't meet the deadlines. They are already required to deliver it at 451 units. Why should it be delayed for what
could amount to a year or more? What do the voters of chula vista get in return, nothing, just more traffic and negative
impacts to our everyday lives.
- reduce the amount of commercial space by 15,000 square feet (section 5.2). This is the part that actually makes money
for the city. They are already required to do this. Why would we reduce this? These revenues could go towards more
police officers or something.
-delay the timing for delivery of the park (section 5.3.1, 5.3.1.1 and 5.3.1.5), a park that is being reduced in acreage for
some reason. Sounds like the substandard parks in melania. Why delay it? What a mess. What do we get for this
giveaway? Less acreage and subpar parks?
-delay the timing of the CPF site (section 5.3.2). Not exactly sure what this is, but if it is already promised why would we
want to give it away? What do we get for it?
The report also notes that while the project has a "positive net fiscal impact" it is an average "decrease of approximately
$95,931 annually". We cannot afford that. This would amount to another tax on the public. We could keep that money
and use it to fund more police officers. Why give it up?
Please vote no on this project. Take a few minutes to read the development agreement and you will realize that t costs
the city too much, is completely one sided in favor of the developer and leaves us nothing but negative impacts.
Warning:
External
Email
1
Kerry Bigelow
From:kathleen reed <
Sent:Tuesday, June 18, 2019 2:02 PM
To:Jill Galvez; John McCann; Steve C. Padilla; Mary Salas; Mike Diaz
Subject:Please have these answers and vote No on Area 12
City documentation for Area 12 says:
The most intense development is concentrated near the trolley station(s), with building heights and sizes
gradually decreasing toward the edge of the planning area. (See Part II, Chapter 1, Section F. 12.; Eastern Urban Center
[Planning Area 12] for applicable policies.)
Baldwins plan has a 5 story building at the Olympic Parkway and Town Center Drive, Olympic Parkway is the edge.
How does this comply with a decrease toward the edge of the planning area?
Where in any of the other villages is there a 5 story building?
This 5 story building is clearly visible from Olympic Parkway, is this complying with a Scenic Corridor?
How does area 12 comply with transitioning into the existing communities as stated in City documentation and the Scenic
Highway Corridor Protection Program?
How does area 12 comply in, "Creating an open space preserve unequalled in San Diego County, which preserves for
today and manages for tomorrow" stated in the GDP?
Last Amended December 13, 2018, all neighborhood and community commercial uses; be
located away from major circulation element roads ; include higher intensity residential
development in close proximity to the village center; and mix commercial uses with civic, residential,
employment and recreational uses in an environment which allows transit users, pedestrians,
bicyclists and automobile drivers equal and easy access to and within each village center.
Does Area 12 Comply?
Please activate your due diligence and have these answers and vote no for Area 12, as it can be
proven the project does not comply with published standards.
Thank You,
Kathleen Reed
Warning:
External
Email
1
Kerry Bigelow
Subject:FW: before you vote please read
From: kathleen reed <
Sent: Tuesday, June 18, 2019 10:38 AM
To: Mike Diaz <mdiaz@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov>; Jill Galvez
<jmgalvez@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>
Cc: Jo Anne Springer < ; Gus Guzman < ; Gloria & Roberto Cazares
<
Subject: before you vote please read
The City may not rely on the 2003 SPA EIR for several reasons, including but not limited to the following:
• 1. The proposed Project is an entirely different project from the one that was
analyzed in the 2003 EIR. The 2003 SPA EIR did not analyze this residential
Project at all; it did not even contemplate it. In fact, the 2003 SPA EIR’s
analysis was limited to “freeway-oriented commercial uses that are
anticipated to occur within Planning Area 12 FC Site” and that “[n]o
residential or industrial uses are proposed in Planning Area 12.” 2003
SPA EIR, p. 2-1 (emphasis added). A prior CEQA document may only be
used for a later project that is “essentially the same project” as was analyzed
in the prior document. Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th
1307, 1320; American Canyon Community v. American Canyon (2006) 145
Cal.App.4th 1062. Addenda are limited to minor modifications to previously
approved projects. This is not a minor modification or technical change – it is
an entirely new project that raises important new issues about the significant
effects on the environment. The 2003 SPA EIR did not analyze the Project at
all, and thus it did not consider any impacts from the residential uses
associated with the Project. The Third Addendum even admits that “the
proposed modification represents new information that was not available at
the time that the FEIR was certified.” p. 4. The court of appeal has held that
even an increase in size from 75 feet to 90 feet for a building is a substantial
• SAFER Comments on Otay Ranch Planning Area 12 Project
May 21, 2019
Page 4 of 5
change to a project requiring a supplemental EIR and not suitable for an
addendum. Ventura Foothill Neighbors v. Cty. of Ventura (2014)232 Cal.
App. 4th 429, 436. Here the difference is much more drastic and a
supplemental EIR is required.
2. The Project will have significant environmental impacts that were not
analyzed in the 2003 SPA EIR. For example, the Project will have likely
significant air quality impacts from diesel trucks and other sources. The
Project described under the 2003 EIR already had both significant
construction and operational air quality impacts. These impacts must be
analyzed under the Office of Environmental Health Hazard Assessment
(“OEHHA”) guidelines, which have been updated since the 2003 SPA EIR.
The Third Addendum does not contain its own air quality analysis. Nor does
Warning:
External
Email
2
it analyze the potential impacts associated with indoor air quality at the
Project.
3. The Project will certainly increase public service impacts such as police, fire
protection and emergency medical services to levels above those required for
the commercial project analyzed in the 2003 EIR. The Third Addendum
seems to acknowledge these impacts and to mitigate them relies on the
Public Facilities Finance Plan (“PFFP”) that was prepared pursuant to the
2003 EIR. However, the Third Addendum contains no analysis of the PFFP,
merely saying that it must be modified at some unknown future date. This
lack of analysis and appropriate mitigation is not proper. There must be a
supplemental EIR to analyze and mitigate these impacts.
4. The Project will have significant biological impacts based on changed
circumstances since 2003. The 2003 SPA EIR identified northern harrier at
the Project site based on 2002 surveys. It identified habitat for northern
harrier and burrowing owls at the Project site. No mention is made of these
species in the Third Addendum. Obviously, animals move and migrate. While
certain species may not have been on the site in 2003, they may well be there
now. No supplemental biological assessment was prepared for the Third
Addendum, nor was one prepared for the First and Second Addendums.
Furthermore, this Project includes proposed modifications that would increase
the maximum building height to 84 feet and 8 inches above-grade. The City
has not conducted any analysis of potential bird collisions and kills that would
result from this change.
5. There are many mitigation measures that are now feasible that were not
feasible or did not exist in 2003. For example, the 2003 SPA EIR concluded
that the project would have significant unmitigated air pollution impacts. The
Project could offset its air pollution and greenhouse gas emissions in part by
installing solar photovoltaic panels, using only Tier 4 construction equipment,
operating only 2010 or better diesel trucks, using only electrified forklifts and related equipment, and many other
measures that were not feasible in 2003.
• For example, Tier 4 construction equipment was not available until 2015, and
is not required for the Project. A new EIR is required to analyze these
measures. Also, greenhouse gas mitigation measures are now feasible that
were not feasible in 2003, such as electric vehicles, electric forklifts, solar
panels, and other measures.
6. While CEQA allows an addendum to an EIR, it does not have any provision
allowing an addendum to an addendum to an addendum. Even if this were
allowed, the current Third Addendum increases the number of residential
units by 300 over the level in the prior addenda. This is a significant change
that must be analyzed in a supplemental EIR.
For the above and other reasons, the City must prepare an EIR to analyze and
mitigate the impacts of the Project. The City may not rely on the 16-year old 2003 SPA
EIR.
• Thank You,
• Kathleen Reed
1
Kerry Bigelow
From:kathleen reed <
Sent:Monday, June 17, 2019 10:13 AM
To:Mike Diaz; Jill Galvez; John McCann; Steve C. Padilla; Mary Salas
Cc:Jo Anne Springer; Peter Watry; Gus & Victoria Chavez; Gloria & Roberto Cazares
Subject:Otay Ranch monitored by Growth Management Commiittee
Dear Major Salas and City Council,
Below shows the Otay Ranch GDP/SRP.
I personally went to the Growth Management Meeting and it is my understanding the Growth Management Committee has
not had involvement in the Otay Ranch GDP/SRP for over 3 years.
Can you verify the Growth Management Committee has done their due diligence monitoring the reports?
Section C Policies
The following policies shall govern Implementation Program Documents: Policy: Implementation Program Documents
shall be adopted by resolution concurrent with the adoption of the Otay Ranch GDP/SRP.
Policy:
The Implementation Program Documents shall be used to guide jurisdictions in the implementation of the Otay Ranch
GDP/SRP through the review and approval of SPA plans, and related required planning studies.
Policy:
Implementation Program Documents shall guide the preparation and evaluation of the annual review and monitoring
report required in the GDP/SRP Growth Management Chapter. Policy: Implementation Program Documents may be
amended or updated in response to changing conditions.
Otay Ranch GDP/SRP
¤ Part I Adopted October 28, 1993 Page I - 55 Last Amended December 13, 2018
Policy:
Amended Implementation Program Documents must be approved by the appropriate land use jurisdiction, and be
consistent with the Otay Ranch GDP/SRP and applicable General Plan.
Village Phasing Plan: The Otay Ranch Village Phasing Plan is an implementation requirement of the GDP/SRP Growth
Management Chapter.
The Phasing Plan is designed to ensure that Otay Ranch complies with the goals, objectives and policies of the Growth
Management Chapter and the facility threshold standards and processing requirements contained in the Capital Facilities
Chapter of the GDP/SRP. To remain timely, the Phasing Plan shall be evaluated and updated as part of the GDP/SRP
annual monitoring and SPA review process requirements. The fundamental basis for the Phasing Plan is to time the
development of villages in a logical order to respond to market forces, ensure the timely provision of public facilities,
assure the efficient use of public fiscal resources, and promote the viability of Otay Ranch villages.
Facility Implementation Plans: Facility Implementation Plans provide an integrated and comprehensive analysis of the
public facilities necessary to serve the Otay Ranch. Otay Ranch GDP/SRP
¤ Part I Adopted October 28, 1993 Page I - 56 Last Amended December 13, 2018 Each of the 22 facility implementation
plans review applicable public goals, objectives and policies and recommends policies to govern the implementation of
the Otay Ranch GDP/SRP.
The plans also evaluate the existing facilities, which serve the Otay Ranch Project Area and surrounding communities.
The plans analyze the demand for new facilities necessary to serve the build-out of the Otay Ranch. Several GDP/SRP
Goals, Objectives and Policies and EIR mitigation measures require the preparation of “Facility Master Plans.” It is
anticipated that revisions to the Facility Implementation Plans (or attendant appendices) will satisfy this requirement.
Thank You,
Kathleen Reed
Warning:
External
Email
1
Kerry Bigelow
From:Stan Donn
Sent:Tuesday, June 11, 2019 10:10 AM
To:'kathleen reed'; John McCann; Jill Galvez; Mary Salas; Mike Diaz; Steve C. Padilla
Cc:Kelly Broughton
Subject:RE: Area 12
Attachments:Reso 2016-187 FC-2 SPA, Addendum.pdf
Hi Kathy,
The Otay Ranch Freeway Commercial SPA Plan was amended in September of 2016 to allow mixed use in FC-2
by Council Resolution 2016-187, attached.
That SPA Plan is available on City’s website.
Thank you,
Stan
Stan Donn, AICP, Project Manager
City of Chula Vista, Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
Ph (619) 409-5953
Fx (619) 409-5859
Email sdonn@chulavistaca.gov
From: kathleen reed [mailto:
Sent: Monday, June 10, 2019 5:27 PM
To: John McCann; Jill Galvez; Mary Salas; Mike Diaz; Steve C. Padilla; Stan Donn
Subject: Area 12
According to the Otay Ranch GDP, it states Area 12:
The freeway commercial use has not been included in any of the previously approved or implemented
SPAs so there are no established SPA-level commercial design standards to which this project must adhere.
SPA Level Planning Within both the City and the County, the Otay Ranch GDP/SRP is implemented through additional,
more detailed planning processes prior to the subdivision of land. The City of Chula Vista requires the preparation and
adoption of “Sectional Planning Area” plans. The County of San Diego requires “Specific Plans.” The requirements of
each process are substantially similar.
The Site Utilization Plan identifies two planning areas (FC-1 and FC-2) which correspond to the two major ownerships of
the property. Because of the independent ownerships, project plans have been designed and structured to allow the two
parcels to develop separately but in a coordinated manner. The SPA Plan is intended to provide the necessary SPA-level
planning and design approvals which will be implemented at successive stages of planning and design separately by each
owner.
Can you provide the documentation and date of this action?
Kathleen Reed
Warning:
External
Email
RESOLUTIOI' NO. 2016-187
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CIILJLA VISTA: 1) COI'SIDERII'G THE SECOND
ADDENDUM TO FEIR-02- 04; 2) APPROVR G THE
AMENDMENT TO OTAY RANCH FREEVJAY COMMERCIAL
SECTIONAL PLAI TII TG AREA (SPA) PLAI'. DESIGN PLA\,
AT TD ASSOCIATED REGULATORY DOCUMENTS; AND 3)
APPROVII'G OTAY RAI'CH FREEWAY COMMERCIAL
NORTH MASTER PRECISE PLAI'
I.RECITALS
A. Project Site
V'HEREAS, the parcel, that is the subject matter of this resolution, is represented in
E hibit A, attached hereto and incorporated herein bv this reference. and for the purpose of
general description is located in the nonhern portion of Planning Area 12 of Ota} Ranch; and
B. Project; Applications for Discretionarv Appro al
VJHEREAS, on September 24, 201, a duh verified application was filed ti ith the Citv of
Chula Vista De elopment Sen ices Department by Baldwin R Sons (Applicant) requestine
appro al of amendments to Otay Ranch Freewa Commercial Sectional Plannine Area Plan
PCM 12- 16), includin2 Desien Plan and associated regulatory documents, and a new Master
Precise Plan (MPA 1-0018) for the Freewa Commercial North portion of Otav Ranch PA-12;
and
C. Prior Discretionan Approvals
R'HEREAS, the Propem has been the subject matter of an amendment to the City's
General Plan and the Otav Ranch General Development Plan (GDP) approved on Mav 26, 201
and adopted b Cih- Council by Resolution No. 201-ll4; and
D. Em ironmental Determination
V'HEREAS, the Development Sen ices Director re iewed the proposed project for
compliance ti ith the Califomia Em ironmental Qualit}• Act and has determined that the project
aas covered in the previoush adopted Finul E rvironmental Impact Report for the Otay Ronch
Freetiray Commercia! Sectronal Planning Areu (SPA) Plan - Planning Area 12 (FEIR 02 -0)
SCH r19890101): and has determined that onl minor technical chanses or additions to this
document are necessan and that none of[he conditions described in Section 1>162 of the State
CEQA Guidelines calline for the preparation of a subsequent document ha e occurred; therefore.
the De elopment Sen ices Director has prepared the Second Addendum to FEIR 02-0: and
RESOLUTION NO. 2016-187
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: I) CONSIDERING THE SECOND
ADDENDUM TO FEIR-02-04; 2) APPROVING THE
AMENDMENT TO OT A Y RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN, DESIGN PLAN,
AND ASSOCIATED REGULATORY DOCUMENTS; AND 3)
APPROVING OT A Y RANCH FREEWAY COMMERCIAL
NORTH MASTER PRECISE PLAN
I. RECITALS
A. Project Site
WHEREAS, the parcel, that is the subject maner 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
B. Project; Applications for Discretionary Approval
WHEREAS, on September 24, 2015, a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to Otay Ranch Freeway Commercial Sectional Pl arming Area Plan
(PCM 12-16), including Design Plan and associated regulatory documents, and a new Master
Precise Plan (MPA 15-0018) for the Freeway Commercial North portion of Otay Ranch PA-12;
and
C. Prior Discretionary Approvals
WHEREAS, the Property has been the subject matter of an amendment to the City's
General Plan and the Otay Ranch General Development Plan (GDP) approved on May 26, 2015
and adopted by City Council by Resolution No. 2015-114; and
D. Environmental Determination
\VHEREAS, 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 # 19890 IO 154 ), 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 prepared the Second Addendum to FEIR 02-04; and
Resolution No. 2016-187
Page No. 2
E. Planning Commission Record on Application
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 ]0 days prior to the hearing; and
WHEREAS; the hearing was held at the time and place as advertised, namely 6:00 p.m;
August 10, 2016 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 held on August 10, 2016 and the Minutes and
Resolution resulting therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 5-0-0 recommending that the City Council
approve the Project; and
F. 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 heazing; 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, namely September 13, 2016,
at 5:00 p.m. in the Council Chambers. 276 Fourth Avenue, said hearing was thereafrer closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
Il. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council, in the exercise of their independent review and judgment as set forth in
the record of its proceedings; considered the Second Addendum to FEIR-02-04 in the form
presented, which has been prepared in accordance with the requirements of the CEQA and the
Environmental RevieN Procedures of the City of Chula Vista and does hereby adopt the Second
Addendum to FEIR-02- 04.
III. SPA FINDII'GS/APPROVAL
A. THE SECTIONAL PLANNI]VG AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN. AS AMENDED. AI'D
Resolution No. 2016-187
Page No. 2
E. Planning Commission Record on Application
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 IO days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m,
August 10, 2016 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 held on August 10, 2016 and the Minutes and
Resolution resulting therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 5-0-0 recommending that the City Council
approve the Project; and
F. 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 (I 0) 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, namely September 13, 2016,
at 5:00 p.m. 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 City Council, in the exercise of their independent review and judgment as set forth in
the record of its proceedings, considered the Second Addendum to FEIR-02-04 in the form
presented, which has been prepared in accordance with the requirements of the CEQA and the
Environmental Review Procedures of the City of Chula Vista and does hereby adopt the Second
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
Resolution No. 2016-187
Pase No. 3
THE CHLTL.A VISTA GEI'ERAL PLAN. AS AA4EI TDED. AI'D ITS SEVERAL
ELEMENTS.
The proposed SPA Plan amendment implements the GP and GDP. The GP land use
desienation is Retail Commercial and h4ised Use Residential. The proposed project is
consisrent w ith these land use designations. It contains ali the requisite land uses
comprisina Retail Commercial and Mixed Use Residential: commercial hotels,
mised-use development, multi-famil residential housin; a public park and open
space.
7he current Otav Ranch GDP desienation is Free av Commercial and Mized Use.
The proposed project is consistent ith these land use designations.
The existing implementing zone in the Freewa Commercial Planned Communit
District Rewlations is FC-2, hich is di ided into three subcateeories: H
Commercial Hotel) for lots H-1 and H-2; RM (Multi-Famih Residential) for lots
MF-1, MF-2, and MF-3; A4U (Mized Use Commercial/I lulti-Familv) for lots MU-1,
MU-2, and MU-3; and P (Park) for lot P-1. All neiehborhoods, as shoNm on the TM,
are consistent with these designations. In total, this TM depicts 600 residential units.
All off-site public streeu required to sen e the subdi ision alread exist. The on-site
public streets are designed in accordance ith the City design standards and/or
requirements and provide for vehiculaz and pedestrian connections.
B. 7HE SPA PLAI'. AS AMENDED. WILL PROn90TE THE ORDERLY SEQUENTIALIZED
DEVELOPME\'T OF THE II VOLVED SECTIONAL PLANI'II'G AREAS.
The subdi ision desien consists of three (3) multi-famil residential lots; three (3)
mised-use commercial — multi-family residential lots. t o (2) hotel lots, t o (2) open
space lots: one (1) public park. one (1) private street, and one (1) remainder parcel.
The condominium subdivision is planned to allo a a ma imum of 600 residemial
units.
The Free av Commercial SPA Public Facilities Financing Plan (PFFP) permits non-
sequential phasing by mandatine specific facilities requirements for each phase to
ensure that the new Freew a Commercial SPA de elopment in FC-2 is adequately
served and Cim threshold standards are met. Anticipated Free vay Commercial North
phasing is as folloN s. Hotel 1 is currently under construction. projected to be
completed bv April, 2017. Residential 'est will be de<<eloped nest. Pursuant ro the
esecuted Otay Ranch Freeway Commercial SPA Development Aereement recorded
on June 17, 2016, construction of Hotel 2 H ill commence prior [o issuance of the
4 lst residential buildine pertnit for the Project. Cons[ruction of the commercial
component of the mixed use development ill commence prior ro or concurrentl
ith obtainine buildine permits and commencine construction of the residential
development located east of To n Center Dri e. The De eloper shall commence
construction of the public park prior to the issuance of the 300th residential buildin
permit and substantially complete the park vithin 1 months of start of construction.
The proposed project furthers the policy objective for "Urban Villaees" to have
higher densities and mixed uses in the illage cores ' and to "pro ide a ide range of
Resolution No. 2016-187
Page No. 3
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-use 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.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into three subcategories: H
(Commercial Hotel) for lots H-1 and H-2; RM (Multi-Family Residential) for lots
MF-I, MF-2, and MF-3; MU (Mixed Use Commercial/Multi-Family) for lots MU-I,
MU-2, and MU-3; and P (Park) for lot P-1. All neighborhoods, as shown on the TM,
are consistent with these designations. In total, this TM depicts 600 residential units.
All off-site public streets required to serve the subdivision already exist. The on-site
public streets are designed in accordance with the City design standards and/or
requirements and provide for vehicular and pedestrian connections.
B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE JNVOL VED SECTJONAL 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 (]) public park, one (]) private street, and one (1) remainder parcel.
The condominium subdivision is planned to allow a maximum of 600 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 I is currently under construction, projected to be
completed by April, 2017. Residential West will be developed next. Pursuant to the
executed Otay Ranch Freeway Commercial SPA Development Agreement recorded
on June 17, 2016, construction of Hotel 2 will commence prior to issuance of the
451 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 300th 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" and to "provide a wide range of
Resolution No. 2016-187
Page No. 4
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 suppori Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, with
shopping and recreational uses conveniently and centrally located and would
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,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within
the project site have been fully analyzed and will not adversely affect the circulation
system and overall land uses as previously envisioned in the Otay Ranch GDP and
Otay Ranch Freeway Commercial SPA Plan. The eaisting 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
Sen ice Technical Report have been prepared, reviewed and approved by the City.
Second Addendum to FEIR 02- 02 has been prepared to analyze the Project's impacts.
IV. MASTER PRECISE PLAN 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 f le at the office of the Ciry 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 desi n a project that is compatible with the type and intensity of
existing development in the area. The proposed project establishes a unified,
walkable, mi ed-use plan for Otay Ranch Freeway Commercial North. It is intended
to enhance living, working, shopping, and transit options in the azea. Residential uses
are located on the southwest and eastern portions of the site. This provides direct
adjacency to the Otay Ranch Town Center Mall. The location is also proximate to
Otay Ranch Village 6 which includes neighborhood serving uses such as pazks and
schools. Additionally, construction of the BRT bridge and a pedestrian connection
will exist, shortenin the walk to these uses to less than a ]/4 mile. The close
proaimity to these neighboring uses, as well as to commercial uses within the project
encourages residents to walk to these uses, rather than drive. The proposed residential
uses are also ithin a sl ort N alk, less than half of a mile of the future BRT transit
stop along Eastlake ParkN ay at the Otay Ranch 'I own Center Mall. The proximity of
Resolution No. 2016-187
Page No. 4
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, with
shopping and recreational uses conveniently and centrally located and would
minimize segregated and auto-dependent urban sprawl development patterns.
C. THE OTAY RANCH FREEWAY COMMERCLAL SPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT,
CJRCULA TION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within
the project site have been fully analyzed and will not adversely affect the circulation
system and overall land uses as previously envisioned in the Otay Ranch GDP and
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 the City.
Second Addendum to FEIR 02-02 has been prepared to analyze the Project's impacts.
JV. MASTER PRECISE PLAN FINDINGS
1. 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 establishes a unified,
walkable, mixed-use plan for Otay Ranch Freeway Commercial North. It is intended
to enhance living, working, shopping, and transit options in the area. Residential uses
are located on the southwest and eastern portions of the site. This provides direct
adjacency to the Otay Ranch Town Center Mall. The location is also proximate to
Otay Ranch Village 6 which includes neighborhood serving uses such as parks and
schools. Additionally, construction of the BRT bridge and a pedestrian connection
will exist, shortening the walk to these uses to less than a 1/4 mile. The close
proximity to these neighboring uses, as well as to commercial uses within the project,
encourages residents to walk to these uses, rather than drive. The proposed residential
uses are also within a short walk, less than half of a mile of the future BRT transit
stop along Eastlake Parkway at the Otay Ranch Town Center Mall. The proximity of
Resolution No. 2016-187
Pase I`'o.
the BRT transit stop eocourages residents to reduce automobile use in favor of
alkine and transit. Residential uses adjacent to SR-125 will be set back from the
westem propem line to minimize the effects of the freeway. Additionallv, the
freewa is located approaimatel} 2 to 30 feet below the level of the residential pad.
To create a pedestrian friendh em ironment and encouraee residents to alk.
pedestrian side ti alks and path i ays ill connect residential. hotel, and commercial
uses to each other and the To n Center Park. Architecture N ill be complementary
across all uses to further establish a cohesive site desi¢n.
ii. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATIOI' OF
THE P h40DIFYING DISTRICT AS SET FORTH II' CVMC 19.6.041:
The Ciri Council finds that application of the P modifi ing district is appropriate
because the underlyine zoning is Planned Communit} District. This Master
Precise Plan is required b} the Free ti a Commercial SPA Plan (PC. District
Re ulations), and pro ides the entitlement bridge linkine the approved policies
and land use designations of the Free-ay Commercial SPA/Desisn Plan ith
subsequent project-level approvals within the project area. It serves as a
frame ork document bv which future "Indi idual Precise Plans' Nill be
evaluated for compliance -ith the approved Master Precise Plan concepts that
encompass streetscape and landscape desien siens, and architectural and lighting
guidelines.
iii. THAT ANY EXCEPTIOI'S GRAI TTED 4 HICH DEVIATE FROM THE
UNDERLYII'G ZOI`'II rG REQUIREMENTS SHALL BE WAR.RAI'TED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
As the underlying zoning is Planned Communih District, the Precise Plan will
provide higher development standards that will make the project more compatible
with adjacent commercial uses.
i. THAT APPROVAL OF THIS PLAi\ VdILL CONFORM TO THE GEI TERAL
PLAN AI TD THE ADOPTED POLICIES OF THE CITY. (ORD. 31 3 § 2 (EXH. A),
2oio: 0. 16 2 § 2_ i9 s:
The project has been designed and evaluated in accordance ith the goals and
objecti es of the General Plan. The Precise Plan as described above «ill allo the
project to be consistent ith the goals and objectives of the General Plan and the
Chula Vista Municipal Code.
V. APPROVAL OF SPA r11 9END1 4ENT. MASTER PRECISE PLAN
Based on the findings abo e. the Cit Council appro es the amendments to the Free cay
Commercial SPA Plan. and the ne Master Precise Plan as sho tir in Exhibits B and C and
Attachment 7 on file in the office of the Cit Clerk, subject to the conditions set forth belo:
Resolution No. 2016-187
Page No. 5
the BRT transit stop encourages residents to reduce automobile use in favor of
walking and transit. Residential uses adjacent to SR-125 will be set back from the
western property line to minimize the effects of the freeway. Additionally, the
freeway is located approximately 25 to 30 feet below the level of the residential pad.
To create a pedestrian friendly environment and encourage residents to walk,
pedestrian sidewalks and pathways will connect residential, hotel, and commercial
uses to each other and the Town Center Park. Architecture will be complementary
across all uses to further establish a cohesive site design.
11. 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 SP A/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.
111. THAT ANY EXCEPTIONS GRANTED WHICH DEVJA TE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED 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 will
provide higher development standards that will make the project more compatible
with adjacent commercial uses.
iv. THAT APPROVAL OF THIS PLA}J WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY. (ORD. 3153 § 2 (EXH. A),
2010; ORD. 1632 § 2, 1975):
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 AME"t\'DMENT, MASTER PRECISE PLAN
Based on the findings above, the City Council approves the amendments to the Freeway
Commercial SPA Plan, and the new Master Precise Plan as shown in Exhibits B and C and
Attachment 7 on file in the office of the City Clerk, subject to the conditions set forth below:
Resolution No. 2016-187
Page No. 6
1. Prior to appro al of any land development permits, the Applicant shall demonstrate that the
applicable Air Qualit Improvement Plan (AQIP) project design features and measures
outlined in the Air Qualiry Improvement Plan pertaining to the design, construction and
operational phases of the project ha e been incorporated in the project design.
2. Prior to issuance of building permits or approva] of landscape construction plans, the
Applicant shall implement the applicable mandatory water quality conservation measures of
the Water Conservation Plan of the SPA Plan.
3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or
all of the property. For the purpose of this document "Developer' shall have the same
meaning as "Applicant."
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 Ciry 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 Applicant shall indemnify, protect, defend and hold the City its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, including
attorneys' fees, arising from challenges to the Second Addendum to FEIR-02-04, Mitigation
Monitoring and Reponing Pro,ram for the project,the Otay Ranch Freeway Commercial SPA
Plan (PCM-12-16); and/or any and all entitlements issued by the City in connection with the
project The Applicant and the City agree that tUe indemnity provisions contained in the
Development Agreement satisfy this condition.
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 Progrun (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 Gradinb Ordinance, CVMC 15.04; the
State of Califomia Subdivision Map Act tl e City of Chu]a Vista General Plan; the Ciry's
Grow4h Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape
Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures;
Otay Ranch General De elopment Plan, Otay Ranch Resource Management Plan (RMP)
Phase 1 and Phase 2, induding the Preserve Conveyance Schedule; City of Chula Vista
Adopted Pazks and Recreation Master Plan, Otay RancU Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway Convncrcial Sectional Planning Area (SPA,
PCM-12-16) Plan and supportii g appendices, including: Public Facilities Finance Plan
PFFP) and Supplemental PFFP, Affordable Housing Plan, Air Quality Improvement Plan
Resolution No. 2016-187
Page No. 6
I. 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 SP A Plan.
3. All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or
all of the property. For the purpose of this document "Developer" shall have the same
meaning as "Applicant."
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 Applicant shall indemnify, protect, defend and hold the City its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, including
attorneys' fees, arising from challenges to the Second Addendum to FEIR-02-04, Mitigation
Monitoring and Reporting Program for the project, the Otay Ranch Freeway Commercial SPA
Plan (PCM-12-16), and/or any and all entitlements issued by the City in connection with the
project. The Applicant and the City agree that the indemnity provisions contained in the
Development Agreement satisfy this condition.
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 15.04; the
State of California Subdivision Map Act; the City of Chula Vista General Plan; the City's
Growth Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape
Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures;
Otay Ranch General Development Plan, Otay Ranch Resource Management Plan (RMP)
Phase I 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 (SP A,
PCM-12-16) Plan and supporting appendices, including: Public Facilities Finance Plan
(PFFP) and Supplemental PFFP, Affordable Housing Plan, Air Quality Improvement Plan
Resolution No. 2016-187
Page 1 TO. 7
AQIP), Non-ReneN able Ener Conservation Plan, and 'ater Conservation Plan (WCP). as
amended from time to tune; and Tentative Subdi ision Map CVT-1-0007 For Otay Ranch
Planning Area 12 Freeway Commercial North (PCS-1-0007). The Project shall comply with
all applicable mitigation measures specified in the Second Addendum to EIR Mitieation
D4onitoring and Reportine Pro am. as they relate to the Freewa Commercial Sectional
Plazuung Area Plan and Tentative A4ap En ironmental Impact Report to the satisfaction of the
Development Semices Director.
7. The project shall satisf} 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 pro ide (3) acres of local parks and related unpro ements per
1,000 residents. Local pazks aze comprised of communin- parks and neighborhood pazl:s.
Overall park oblisation shall be met per the esecuted De elopment A reement_ recorded as
document# 201-0312805.
8. Phasing appro ed N ith the SPA Plan may be amended subject to approval by the Director of
Development Ser ices and the Cih Engineer.
9. Prior to the issuance of the first building permit. the Applicant shall complete the Rezone of a
6. acre site in Villase 7 for Communih Purpose Facilim (CPF), N hich includes the required
2.2 acres for Freeway Commercial I'orth, to the satisfaction of the De elopment Sen ices
Director.
10. The Applicant ma}, at the discretion of the Development Sen ices Director, enter into
supplemental agreement(s) th the Ciri, prior to approval of each Final Map for any phase or
unit. wherebv:
a. The City «thholds building permits for an} units ithin the project site in order to ha e
the project comply with the GroNth Manasement Proeram: or, if any one of the follo Rna
occur:
i. Regional development ttueshold limits set b} a Chula Vista transportation-phasine
plan, as amended from time to time, have been reached.
ii. Traffic volumes, le el of service, public utilities and/or sen ices either exceed the
adopted City threshold standazds or fail to comply vith the then effective GroNth
Management Ordinance and Gro ith Management Proeram and am amendmenu
thereto.
iii. The Project`s required public facilities, as identified in the PFFP. or as amended
or othen ise conditioned, have not been completed or constructed in accordance
ith the project entitlements includina the Development Agreement to the
satisfaction of the Development Sen ices Director and the Cit Engineer. The
Developer may propose chanees in the timine and sequencing of development and
the construction of improvements affected. In such case. the PFFP may be amended
afrer re ie r and appro al b the Cih`s Director of De elopment Services and the
Cih Eneineer. The Developer a ree(s) that the City mav ithhold building permits
for am of the phases of de elopment identified in the PFFP for the project if the
Resolution No. 2016-187
Page No. 7
(AQIP), Non-Renewable Energy Conservation Plan, and Water Conservation Plan (WCP), as
amended from time to time; and Tentative Subdivision Map CVT-15-0007 For Otay Ranch
Planning Area 12 Freeway Commercial North (PCS-15-0007). The Project shall comply with
all applicable mitigation measures specified in the Second 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 project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide (3) acres of local parks and related improvements per
1,000 residents. Local parks are comprised of community parks and neighborhood parks.
Overall park obligation shall be met per the executed Development Agreement, recorded as
document# 2015-0312805.
8. Phasing approved with the SP A Plan may be amended subject to approval by the Director of
Development Services and the City Engineer.
9. Prior to the issuance of the first building permit the Applicant shall complete the Rezone of a
6.5 acre site in Village 7 for Community Purpose Facility (CPF), which includes the required
2.2 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:
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
Developer may propose changes in the timing and sequencing of development and
the construction of improvements affected. In such case, the PFFP may be amended
after review and approval by the City's Director of Development Services and the
City Engineer. The Developer agree(s) that the City rnav withhold building permits
for any of the phases of development identified in the PFFP for the project if the
Resolution No. 2016-187
Page No. 8
project's required public facilities, as identified in the PFFP or in accordance th
the Development Agreement are not meeting the City's standard operating
thresholds. Public facilities shall include, but not be limited to, air qualih, drainage,
sewer and water.
1 l. Afrer 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.
12. The Applicant shall compl}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 prepazed 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 Mazshall. Any temporary water
supply source is subject to prior approva] by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface. ith a minimum standazd width of 15 feet.
c. Street signs installed to the satisfaction of the Ciry Engineer. Temporary street signs shall
be subject to the approval of the City Engineer and Fire MarshalL Locations and
identification of temporary street signs shall be subject to review and approval by the City
Engineer and Fire Mazshall.
Vl. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Govemment 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 tl e effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, set aside,
void or annual imposition. The right to protest the fees, dedications, reservations, or other
exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection witl 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 RESOLU'I'ION OF APPROVAL
The Property ONmer and Applicant shall eaccutc this document siguing on the lines
provided belo>, indicating that the Properly Owner and Applicant have each read;
Resolution No. 2016-187
Page No. 8
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.
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. Temporary street signs shall
be subject to the approval of the City Engineer and Fire Marshall. Locations and
identification of temporary street signs shall be subject to review and approval by the City
Engineer and Fire Marshall.
VI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(l), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, set aside,
void or annual imposition. The right to protest the fees, dedications, reservations, or other
exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
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,
Resolution i'o. 2016-187
Pase i'o. 9
understood and asreed to the conditions contained herein, and ll implement same. Upon
execution. this document shall be recorded wi[h the Counh Recorder of the Countv of San
Diego. at the sole expense of the Propert O mer and/or Applicant. and a signed, stamped
cop retumed to the Ciri's De elopment Sen ices Department. Failure to retum the sisned
and stamped copy of this recorded document vithin 10 da s of recordation shall indicate
the Propem O ner/Applicant's desire that the project, and the corresponding application
for building pe and/or a business license. be held in abe}ance without approval.
0/7 /Ile
Sienature of P o O mer Date
O/7//(c
Signature of Applicant Date
VIII. COt'SEQLTEI'CE OF FAILURE OF CONDITIONS
If any of the foreoine conditions fail to occur, of if the} are, b} their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained accordine to their terms; the Cih shall ha e the ri2ht to revoke
or modifi all approvals herein granted. den} or further condition issuance of future building
permits; dem. revoke or further condition all certificates of occupanc issued under the
authorin of approvals herein anted, instituted and prosecute litieate or compel their
compliance or seek damages for their iolations. No vested righu are gained by Applicant
or successor in interest b• the Cih appro al of this Resolution.
IX. II TVALIDI7Y: AUTOA4ATIC REVOCATION
It is the intention of the Cin Council that its adoption of this Resolution is dependent upon
enforceabilin of each and e en term provision and condition herein stated; and that in the
event that an} one or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be im alid, illegal or unenforceable_ if the cit so determines in iu
sole discretion. the resolution shall be deemed to be revoked and no further in force or in
effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Appro al. the City Council does hereby approve the Otav Ranch Free ay
Commercial SPA Plan Amendment and Master Precise Plan.
Presented Appro ed as to form b
vl .
Kelly . rou hton, FSALA Glen R Goo_ins 1
Director of Development Ser ices Oih`t me J
Resolution No. 2016-187
Page No. 9
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./yand/or a business license, be held in abeyance without approval.
� 10/7 /,t..
Date
Date
VIII. CONSEQUENCE OF FAJLURE OF CONDITIONS
lf 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.
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 determined by 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 further in force or in
effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Freeway
Commercial SP A Plan Amendment and Master Precise Plan.
Director of Development Services
Approved as to form by
)
)
Resolution No. 2016-187
Page No. 10
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September 2016 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, McCann, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Miesen
i- t c'./Y E a 4a/
Mary , las, Mayor
ATTEST:
l.(8. 0
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-187 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2016.
Executed this 13th day of September 2016.
t `I Nn.5.4.c
Donna R. Norris, MC, City Clerk
Resolution No. 2016-187
Page No. 10
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September 2016 by the following vote:
A YES: Councilrnernbers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Aguilar, Bensoussan, McCann, and Salas
None
None
Miesen
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-187 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2016.
Executed this 13th day of September 2016.
1 .
I
i
iifi i i - 1
n.v n I '.,A
s ' _- n • 1
uni i . . .
i i a1!`',;Ql{ r 1
111111111 _ .
1n
nn nnmr O i i'`Il _ :
mn
mmw un 1 O ii i C :%
tm
nn—un = 1 iii II : i : :
6II1A11f1illib I,I
E
amn
4'
FFF 1 1 ii I ,,
LL i'-`
i p,•"",. j:1 i,i,
I,II .IIPYP 1•: , .,. ,,,
P • .•.•'• ° a mmn I a Y umn'
ii di i Ij, i:.s:- I
I:i i I pt11111tIN' 0,;I i i
i am uvnn- y f
i i I I i iii'O O j r nl t
mnmmm •
ttu
i I I N at 'r Jf q I O O
I I Ip11111111I11U1 st n Q 'y O O I s/iO 1
I II r! y, I »O
rG " I i i . m m i• •i ii I,t {ar
ii /4limittuutll-
ra.i ..• 'J - ..
I
atri
numummn• l n. •• , . sao
untmnutqlt i+:•' •_ iy .Y% ln
l 1
5 (P u
I LPti t h
i 1 Ll
E,' II 1 p au a'
H I'
I >11
i j• .c II
j'
7 s: _ v
a I, ,
y y , q na • As • _- !r; `` lj
r` C,__-. Ot f\/A i — 1 '
fF1. •- - - -
if P. .i', 1: •irtctu.,-i.
S'•Is1:.1: Y.,,.r.,, `
ti' , __= e rtarqa . '
Q \Q I
1,_, -."_r'r ,`:!: .
r
q'
t'; ` I I
j i II',,,,,`
tf
r Opn .1 a"; ,O `p
i 0 i
no . v A%':::.:
I/Iq i
1f I C
t.._ ,;,`'S
Z,v U/ a a`
11 I IIII/ i.%i
r''I ', ,'Ij,! = wI I
4 IIIV
QI
j
Resolution No. 2016- l &7
Page No. 11
OTAY RANCH c;
TOWN CENTER
(FC·1)
D
PROJECT
LOCATION
•:.. ·� 1· lb ,:=
1::0 ,§;
f '
I
I
I
I
I
I
I , ......... �
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I \