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HomeMy WebLinkAboutPlanning Comm Reports/2001/08/22 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m Wednesday, August 22, 2001 Council Chambers 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCA-02-01 (City of Chula Vista) - Consideration of a proposed amendment to Section 19.60.48 of the Chula Vista Municipal Code clarifying the eligible projects and uses that would be allowed on subdivision directional signs and community directional kiosk signs. Staff recommends that public hearing be opened and continued to the September 12, 2001 Planning Commission meeting. 2. PUBLIC HEARING: PCC-01-69; Conditional Use Permit to install, operate and maintain a wireless communications facility consisting of a 40- foot high monopalm supporting nine panel antennas; and an associated equipment building at the Hilltop Baptist Church, 740 Hilltop Drive. Applicant: Spring PCS Staff recommends that the public hearing be opened and continued to the August 29, 2001 Planning Commission meeting. 3. PUBLIC HEARING: Public Hearing: PCM-02-03; Consideration of amendment to the Amended and Restated Development Agreement between the City of Chula Vista and The EastLake Company, LLC. for EasLake III (Trails, Woods, Vistas, Business Center II, Olympic Training Center and "Land Swap" parcels)-The EastLake Company. Staff recommends public hearing be opened and continued to the August 29, 2001 Planning Commission meeting. ___________~.L_ _~_'"'_~_... _____I_,a.!___ ._.:~';".;..;. Planning Commission 4. PUBLIC HEARING: 5. PUBLIC HEARING: 6. PUBLIC HEARING: 7. PUBLIC HEARING DIRECTOR'S REPORT - 2- August 22, 2001 GPA-01-04 - Proposal to change the General Plan designation of 25/33 Naples Street from Retail Commercial to Residential Medium; PCZ-01-02 - Proposal to rezone 25/33 Naples Stret from CoN (Neighborhoold Commercial) to R-3 (Apartment Residential); and PCS-01-10 - Country Club Villas tentative Subdivison Map to develop 22 single family detached condominium units at 25/33 Naples Street. Applicant: Elmcon Ltd. Project Manager: Kim Vander Bie, Associate Planner PCM-01-11 j Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regulations Zoning District boundaries within Village Five. Applicant: The McMillin Company. Project Manager: Martin Milier, Associate Planner PCM-01-17; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regulations within Village Five. Applicant: The Otay Ranch Company. Project Manager: Rich Whipple, Associate Planner Public Hearing: Conditional Use Permit PCC-01-58, proposal to develop a 556-sq. ft. accessory 2nd unit behind the existing single-family home, in compliance with state government code regulations 65852.2(b - 1:A - I) for cities without adopted accessory 2nd unit ordinances. Project Manager: Harold Phelps, Associate Planner Appointment of new Planning Commission representative to GMOC. COMMISSIONER COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT c- Item: ~ Meeting Date: 8/22/01 ITEM TITLE: Public Hearing: PCM-Ol-11; Request to amend the Otay Ranch Sectiona1 Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regu1ations within Village Five. Applicant - The McMillin Companies The McMillin Companies has applied to amend the Otay Ranch SPA One Plan for Village Five to change the viHage core concept from "Town Square" to "Main Street", consolidate the town square park with the existing mixed-use site, rezone it from as/PI to C/RM2, and re-allocate 54 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) to create a new mixed use site. The amendment would allow approval of a proposed mixed-use project with 10,000 square feet of ground floor commercial and 72 residential units on the C-3/R-45 mixed-use site in Village Five. The City's Environmental Review Coordinator has reviewed the Project and detennined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects.previously identified in FEIR 95-0 I. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental ErR, as identified by Sections 15162 and 15163 exist; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. RECOMMENDATION: That the Planning Commission adopt: . Resolution No PCM 0 I-II recommending that the City Council approve the amendments to the Otay Ranch SPA One Plan, adopt the Addendum to EIR 95-01, and recommending that the City Council adopt an Ordinance to modify the SPA One Planned Community District Regulations within Village Five. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable BACKGROUND: In 1993, the City Council approved the Otay Ranch General Development Plan, which authorized 1,263 single-family units and 1,615 multi-family units for a total of 2,878 dwelling units in Village Five. In June of 1996, the City Council approved the Otay Ranch SPA One Plan for Villages One and Five based on a plan submitted by Village Development (currently the Otay \ PCM-OI-ll Page No.2 of 6 Ranch Company). Subsequent to the approval of the SPA Plan, the McMillin Companies became the owner of Neighborhoods R-ll and R- I2E in Village One and the western portion of Village Five including the Village Core. In 1998, McMillin proposed to reduce the overall multi-family dwelling units in the Village Five core by 397 units. The 1998 amendment planned for 2.9 acres of commercial land use and 18 dwelling units around an .8-acre "Town Square" park in a mixed- use project in the Village Five core. A mixed-use project was subsequently approved as part of the Teresina Apartment project in Neighborhoods R-43 and R-44 in C-3/R-45. The Teresina developers have chosen not to develop the C-3/R-45 mixed-use portion of the project. The McMillin Companies now propose to amend the SPA One Plan to add 54 units back into the Village Five core and develop a mixed-use project with approximately 10,000 square feet of ground floor commercial and 72 dwelling units in C-3/R-45. The ground floor commercial will be on East Palomar Street with 49 second and third story residential units. The remaining 23 residential units are proposed in a three story building on Santa Cora A venue. 1. Site Characteristics The proposed amendment site is graded and fronts on East Palomar Street as is the entire Village Five core. East Palomar Street, the village entry street and Santa Cora, the core promenade street, are constructed around the amendment area. The proposed amendment site is basically the last undeveloped site left in the Village Five core. The only remaining vacant site in the core is the CPF-4 parcel north of the proposed mixed-use site. Staff is currently working with a church on their Design Review application for this site. 2. General Plan, Zoning and Land Use General Plan The Gtay Ranch General Development Plan has designated the land within the Gtay Valley Parcel for urban villages that are transit -oriented with higher densities and mixed-uses in village cores. The GDP policies require each village to have a theme or identity based on either "Main Street" or "Town Square" village form. The GDP authorized 2,878 dwelling units in Village Five with 1,615 multi-family units located in the Village Five core. The Village Five core was also to include ~ Mixed uses Public and community purpose facilities Light rail transit stop An elementary school A Town Square/Village Green/Main Street Affordable Housing Neighborhood Parks H:\PLANNINGIOtay _ RanchIMcMillinlMcM V5 SPA Amend PC STFRPT.doc .:2.. PCM-Ol-II Page No.3 of 6 The SPA One Plan and Village Design Plan were approved with the "Town Square" concept. Of the 1,615 multi-family units originally approved in the GDP, the current plan only provides for 1,129 units with 489 unallocated. ZoninJ? Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. Village Five is designed as an "urban village" (containing mixed uses and a village core). The SPA One Plan Zoning Districts Map for Village Five designates the core: Single-Family 4 (SF4) Residential Multi-Family I (RMl) Residential Multi-Family 2 (RM2) Community Purpose Facility (CPF) Open SpacelParks (OSIP-I). Commercial (C) The existing town square park and mixed-use site are currently designated OS/P-l and C/RM2. 3. Current Land Use As previously indicated, the Village Five core is basically built-out under the current SPA Plan, except for the Community Purpose Facility (CPF) site and this mixed use site. The elementary school is under construction and due to open this fall. Cottonwood Park, the first neighborhood park, is completing the one-year maintenance period and should be open by the end of summer or begining of fall. The condominium projects in Neighborhoods R-40 and R-46 are constructed. The Teresina Apartments in Neighborhoods R-43 and R-44 were one of the first projects completed in the Village Five core. 4. Proposed Plan Proposed Otay Ranch SPA One Plan Amendment The McMillin Companies has applied to amend the Otay Ranch SPA One Plan to change the Village Five Core concept from "Town Square" to "Main Street", consolidate the town square park P-8 area with the existing mixed-use C- 3/R -45 site and re-allocate 54 unused dwelling units authorized by the Otay Ranch General Development Plan to create a new mixed use site with approximately 10,000 square feet of commercial space and a total of 72 dwelling units in a "Main Street" theme. McMi1lin found that the ground floor commercial uses in the existing "Town Square" concept would not be visible from East Palomar Street due to the location and grade change between the town H:\PLANNINGlOtaL RanchIMcMillin\McM V5 SPA Amend PC STFRPT.doc ..3 PCM-OI-11 Page No.4 of 6 square park and the existing mixed-use site. In addition, Parks and Recreation Department staff raised concerns about the effectiveness of the approved town square as a gathering place and maintenance costs for this small park. McMillin proposes that the village core concept for Village Five be changed from Town Square to Main Street in order to move the commercial frontage on East Palomar Street. The commercial frontage will take advantage of the 15-foot wide Village Pathway that connects Village Five with Villages One and Six. In addition to the Pathway, the paved 6- foot wide tree well area will create a strong pedestrian-orientation to the village core. City staff has worked with the McMillin Companies to design an acceptable Main Street project. The .8-acre park will be consolidated into the existing mixed-use site to create a new 3.8-acre site that will allow buildings to front on East Palomar Street. Pedestrian plazas will be created where the Paseo crosses through the mixed uses project and along the frontage on East Palomar Street. Because the Main Street proposal calls for diagonal parking in front ofthe mixed-use area along the East Palomar frontage, the bus stop will be relocated further to the east in front of the Teresina Apartments. These on-street diagonal parking spaces are considered crucial to the success of the proposed ground floor commercial spaces that will now front directly onto East Palomar. The remaining parking requirement for the commercial uses will be provided by a parking lot in back of the commercial uses. McMillin proposes a 3.8 acre mixed-use site with 10,000 square feet of ground floor commercial along Palomar Street. In addition, McMillin believes that the number of dwellings currently approved for the Village Five core (18 dwelling units) is not sufficient to make the project financially successful. Financing mixed- use projects is very difficult because financial institutions segregate funding by land use. The mixed- use project was originally approved as a commercial project with a residential component. The amendment switches the priority of the land uses and proposes a residential project with a commercial component. With 72, units McMillin believes there are sufficient units for the project to stand on its own for financing as a residential project. McMillin indicates their market analysis concludes that there is not a sufficient number of units in Village Five to support 30,000 square feet but will support the proposed 10,000 square feet of commercial. The 54 additional units are well within the GDP authorized units for the Village Five core. The GDP originally allowed 1,615 multi-family units be built in the village core. The GDP called for an average density of 18 dwelling units per acre on the 90 acres of Medium High density in the Village Five core. This density was required to support the light rail transit that will serve Village Five and was required based on concerns raised by the Metropolitan Transit Development Board (MTDB) during the GDP approval process. After McMillin acquired their current ownership in the Otay Ranch, they approached the MTDB staff with their proposed reduction in density but with the commitment to build the 440 unit Teresina Apartments. MTDB found that the 440 units at 29 dwelling units per acre in the apartment project could support the future trolley station. McMillin is now requesting that 54 of the unused balance authorized by the GDP be allocated to the mixed-use site C-3/R-45. This increase comes from 10 units that were not used in the R-44 portion ofTeresina, H:\PLANNINGIOtay_RanchIMcMillinlMcM V5 SPA Amend PC STFRPT.doc l1 PCM-OI-II Page No.5 of 6 three units from the R-40 condominium project and 41 from the GDP-approved allocation. The number of units proposed for the mixed-use site is consistent with the GDP policies for Village Five. SPA One Villaf!e Desif!n Plan / Precise Master Plan The amendment to the SPA Plan to delete the Town Square and consolidated the area into a larger mixed use site will also require an amendment to the SPA One Village Design Plan (VDP). The VDP currently describes in greater detail how the Town Square concept is to be implemented. The proposed amendment to the Main Street concept requires this concept to be described in the VDP. The conditions of approval require the clean-up ofthe VDP within 30 days of City Council approval of the SPA amendment. Subsequent to the City Council approval of the SPA Plan amendment, the Precise Plan for the Village Five core will be taken to the Design Review Committee for their review and approval along with the mixed-use project application. SPA One Parks, Recreation, Open Space and Trails Plan In addition to the VDP, the deletion of the Town Square park requires the SPA One Parks, Recreation, Open Space and Trails Plan be amended to reflect the consolidation ofthe .8 acre park area with the mixed use site. With the proposed increase in density and the reduction in parkland, the park agreement between the Otay Ranch Company, the McMillin Companies and the City will also need to be amended. McMillin will be required to increase the community park contribution to ensure the 3 acres per 1,000 population is maintained for their portion of SPA One. Proposed Otay Ranch SPA One Plan Planned Community District Ref!;Ulations The PC District regulations amendment deletes the OS/P-l zone on the existing Town Square and rezones the 0.8 acres to C/RM2 to allow the new mixed-use project on 3.8 acres in the Village Five core. Amendments to the zoning district map within the PC District Regulations are proposed to reflect the SPA Plan amendments and allow the mixed uses project. 5. Analysis The change in village concept is allowed by the GDP policies for Village Five. The GDP indicates that either Town Square or Main Street concept is allowed for Village Five. After further analysis, staff has detennined that to be successful the Town Square concept needs to be provided on a flat site with streets on all sides. The shift to the Main Street concept is a better design for Village Five due to the slope of the village core and traffic on East Palomar Street. It is staff's opinion that the 72 residential units in second and third stories over the ground floor commercial will create the pedestrian oriented environment envisioned by the GDP village policies. With the commercial uses ftonting on East Palomar Street with the Village Pathway and the 42 H:\PLANNINGIOtay_RanchIMcMillinIMcM V5 SPA Amend PC STFRPT.doc .5 ---_.._._----~. - -'---'--" .-.--_.. PCM-OI-ll Page No.6 of 6 dwelling units above the commercial spaces, there will be a human presence in the core on a 24-hour basis. The residential units will provide the "eyes on the street" helping to create a safer environment. The 10,000 square feet of commercial will provide for a continuous storefront along the Village Pathway. When combined with pedestrian plazas and the residential units above, the proposed commercial storefronts will allow for the creation of a true mixed-use pedestrian oriented village core envisioned by the GDP village concept. A community forum was held on August 9, 2001 on both McMillin and the Otay Ranch Company SPA amendments. Notices ofthe forum were sent to approximately 400 residents of Village Five. At the forum, attended by 30 residents, concerns were expressed on the elimination of the town square, the increase in the number of units in the mixed-use project and traffic along Santa Core north and south of East Palomar Street. The town square and residential units in the mixed-use project are discussed in this report. Planning and Engineering Divisions will review the parking situation along Santa Cora and work to resolve residents concerns. CONCLUSION: The Otay Ranch GDP policies for Village Five indicate the Village Five core will contain either a Town Square, Village Green or Main Street development concept. The proposal by McMillin to change from a Town Square to Main Street concept is consistent with the GDP policies. The increase in units in the mixed-use project is within the number of multi-family units authorized by the GDP. Other GDP requirements such as the Village Pathway and the Village Five paseo are maintained in the SPA Plan. McMillin is proposing a superior mixed-use project that is consistent with the Otay Ranch GDP policies and the SPA One Plan for Village Five. Attachments L Locator Map 2. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning DislTict Map and proposed amendments to the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan. 3. Otay Ranch SPA One Amendment Planning Commission Resolution (PCM 01-11) 4. Otay Ranch SPA One Amendment Draft City Council Resolution No._ 5. Otay Ranch SPA One Amendment Draft City Council Ordinance No._ 6. Disclosure Statement H:IPLANNINGIOtay _RanchIMcMillinlMcM V5 SPA Amend PC STFRPT.doc 10 RESOLUTION NO. PCM-01-11 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, ADOPT THE ADDENDUM TO FEIR 95-01, AND ADOPT AN ORDINANCE TO MODIFY THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS WITHIN VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and, WHEREAS, a duly verified application requesting amendments to the Otay Ranch SPA One Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan was filed with the Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"); and, WHEREAS, said application requests approval of the attached amendments to the Otay Ranch Sectional Planning Area (SPA One) Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan in order to revise the Village Five Core (Parcels R-45/C-3/P-8) to change trom a "Town Square" to a "Main Street" concept and to implement a mixed-use development ("Project"); and, WHEREAS, the Village Five Core is located within SPA One, said Village Five area being located south of Telegraph Canyon Road, west of planned State Route 125, north of Olympic Parkway and east of La Media Road; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and gamer infonnation from area residents; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 22, 2001 in the Council Chambers, 276 Fourth Avenue, before the City of Chula Vista Planning Commission and said hearing was thereafter closed; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the E1R-95-01, and has been evaluated as 1S-OI-035 to detennine if any significant differences exist; and A~~\- 3 / Resolution No. PCM-OI-II Page NO.2 of2 WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the Project have been previously identified in EIR 95-01, and has, therefore, prepared an addendum to that document. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission hereby recommends that the City Council adopt the attached draft City Council Resolution adopting the Addendum to EIR 95-01 approving the amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan; and the attached Ordinance rezoning Park p-g from OSIP1 to C/RM2. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this day of ,2001, by the following vote, to wit: AYES NOES: ABSENT: ABSTENTIONS: Diana Vargas, Secretary Kevin O'Neil, Chairperson H:\PLANNING\Otay_Ranch\McMi!lin\V5 SPA Amend PC Reso.doc ~ DRAFT EXHIBIT "C" OTAY RANCH VILLAGE FIVE SECTIONAL PLANNING AREA (SPA) PLAN CONDITIONS OF APPROVAL GENERAL PROVISIONS 1. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Ordinance, Phase 1 and Phase 2; Ranch- Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan; Village Five Core Master Precise Plan; and the Non-Renewable Energy Conservation Plan all as may be 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. 2. Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES) pennit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice ofIntent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 9 OTAY RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 2 3. Prior to the approval of the first final map, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. IndemnifY, and hold harmless the City, its elected and appointed officers and employees, trom and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results trom any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOlO8758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project 4. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. 5. The Applicant shall agree and acknowledge in writing, prior to the first map for the Project, that approval of the Project creates an additional parkland obligation of 1.26 acres ("Additional Parkland Obligation"). I\) OTA Y RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 3 6. The Applicant's "Additional Parkland Obligation" shall be satisfied through the dedication of community parkland and the payment of community park improvement fees. 7. Prior to the issuance of the first building pennit for the Project, the Applicant shall submit a community park delivery schedule, subject to approval of the Director of Parks and Recreation, that demonstrates delivery of the community park within a time frame deemed acceptable by the Director of Parks and Recreation. 8. The location of the Additional Parkland Obligation shall be within a service radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation. The Additional Parkland Obligation may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. The Applicant, upon request of the Director of Parks and Recreation, shall amend the Otay Ranch GDP to reflect the location of the community park and such amendment shall be at the expense of the applicant. 9. The Applicant shall acknowledge and agree in writing, to the Director of Parks and Recreation, prior to the first map for the project, to provide the Additional Parkland Obligation (APO) to the City in a location acceptable to the Director of Parks and Recreation. In applicant's writing, applicant shall acknowledge that notwithstanding the cost or value of the APO, such APO shall be deemed to satisfy applicant's land acquisition component of it's PAD fee obligation (approximately $217,000 per acre). The Applicant shall not be entitled to receive additional parkland acreage credit in the event that the market value or cost of APO exceeds the PAD Master Fee Schedule defined fees. 10. Within 30 days of approval of the Project the Applicant shall submit an Amendment to the Otay Ranch Park Agreement ("Agreement") to the Director of Parks and Recreation to incorporate these SPA One conditions. The Applicant shall fully cooperate with the City in the Amendment to the Agreement to reflect all applicable current parkland and park improvement obligations. II. Within thirty days of City Council approval of this amendment, the Applicant shall take all necessary steps to revise the affected planning documents to reflect the approved amendments and submit said revised planning documents to the City of Chula Vista, to the satisfaction of the Director of Planning and Building. Should this condition fail to occur, City processing of all applications related to this approval shall be suspended until such time as revised planning documents have been submitted to the City and accepted by the Director of Planning and Building. \ l OT A Y RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 4 12. A Hydrology/Water Quality study shall be submitted with the first submittal of grading/improvement plans to the City Engineer for review and approval prior to issuance of any grading permit. 13. Prior to issuance of building permits, the Applicant shall demonstrate compliance with California Handicapped Accessibility Requirements and energy conservation requirements. \~ ADDENDUM TO OTA Y RANCH SECTIONAL PLANNING AREA (SPA) I AND ANNEXATION FINAL SECOND -TIER ENVIRONMENTAL IMPACT REPORT- EIR-95-01 PROJECT NAME: Otay Ranch SPA I Village 5 Mixed Use Core Amendment (Parcels R-45/C-3, & P-8); and Village 5 - Red Phase Amendment (Parccls R-30 and R-39). PROJECT LOCATION: Otay Ranch, SPA I, Village 5 Core. Southeast comer of Palomar Street and the west leg of Santa Cora Avenue; Otay Ranch, SPA I, Village 5 - Red Phase. Southeast comer of East Palomar and Santa Rosa Drive. PROJECT APPLICANT: McMillin Otay Ranch, LLC; The Otay Project, LP CASE NO.: 1S-01-35 and IS-01-43 DATE: July 20, 2001 1. INTRODUCTION The purpose of this Addendum is to discuss minor changes in the arrangement of multi- fami1y residential densities within the Village Five Core of the Otay Ranch Sectional Planning .A.rea One Plan CSP A One Plan"). As the lead agency for the Project under the California Environmental Quality Act CCEQA") (Pub. Resources Code, Ii 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an environmental analysis (Final Second Tier E1R 95-01) of the SPA One Plan. Final EIR 95-01 ("Final E1R") contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the SPA One project, including Villages One and Five of Otay Ranch. The Final E1R was certified and the SPA One Plan was approved by the City Council in 1996. The Final EIR considered the environmental impacts associated with development of a total of 2,878 dwelling units in Village 5 of SPA One. Subsequent SPA One Plan amendments and actual residential development did not utilize (develop) 532 residential dwelling units approved under the original SPA One Plan. The proposed amendments would reallocate 476 of those unutilized dwelling units to Neighborhoods R-45/C-3 (54 units), and R-30 and R-39 (422 units). The total unit count would not exceed the number of units analyzed in the Final EIR. The net effect of the proposed amendments to the SPA One Plan would be a minor shift in the arrangement and distribution of multi-family units within Village Five. Table I, Olav Ranch Village Five Land Use Comparison \3 provides a summary of the proposed changes to unit types and locations within Village Five. The changes proposed with this amendment are identified with shading. II. CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency's responsibilities in handling new infonnation that was not included in a project's final environmental impact report (ErR). Section 15162 of the CEQA Guidelines provides~ (a) When an ErR has been certified or a negative declaration adopted for a project, no subsequent ElR shall be prepared for that project unless the City detennines, on the basis of substantial evidence in the light ofthe whole record, one or more of the following: I. Substantial changes are proposed in the project which will require major revisions of the ErR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New infonnation of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete or negative declaration adopted shows any of the following: (A) The project will have one or more significant effects not discussed in the [Final] EIR; (B) Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] ElR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent ElR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final ElR. (CEQA Guidelines, 915163, subd. (a).) Page 2 \Lt TABLE ]-OTAY RANCH VILLAGE FIVE LAND USE COMPARISON Neighborhood GDP Original SPA SPA Substantial Sub Cont. vs. Final Proposed 10/28/1993 06/04/1996 2/16/99 Conformance 2/16/99 SPA Maps' SPA Amend' R-22 108 MF N/A N/A 86 86 R-23 104 87 N/A N/A 87 87 R-24 104 138 N/A N/A 138 138 R-25 73 73 56 -17 56 56 R-26 78 78 63 -15 63 63 R-27 58 58 69 11 69 69 R-28 82 82 73 -9 73 73 R-30 145 145 93 -52 MF MF R-31 83 83 85 2 85 85 R-32 113 113 118 5 118 118 R-33 55 55 42 -13 42 42 R-34 40 40 35 -5 35 35 R-35 40 40 36 -4 36 36 R-36 69 69 62 -7 62 62 R-37 66 66 60 -6 60 60 R-38 ! 45 45 43 -2 43 43 R-41 I MF 90 N/A N/A 90 90 R-42 MF MF N/A N/A 74 74 Subtotal SF 1,263 1,263 1,262 835 -112 1,217 1,217 R-22 SF 86 N/A R-29 90 90 83 83 83 R-30a' SF SF 247 R-30b' SF SF 326 R-39' 175 182 180 122 R-40 I 204 201 N/A 198 198 R-41 127 SF N/A SF SF R-42' 241 74 N/A SF SF R_435 175 240 N/A 240 240 R-445 261 210 N/A 200 200 R-45 (Mixed Use)" 0 165 18 N/A 72 R_465 177 117 N/A 117 117 Subtotal MF 1.615 1,615 1,218 263 838 1,605 Total Residential 2,878 2,878 2,480 1,098 2,055 2,822 Notes: Final Map information provided by City of Chula Vista. 2 Nei9hborhoods R-30a, R-30b and R-39 are the subject of the revised Village 5 Tentative Map. 3 Proposed SPA Amendment reflects substantial conformity, final maps, and moving R-22 and R-42 units from MF to SF to correct typo in 2/16/99 document. 4 2/16/99 SPA reflects 1998 McMillin Amendment. 5 Proposed SPA Amendment includes McMillin Village Core Amendment (2001). Page 3 \5 Thus, the City must consider under the standards articulated above whether there will be previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, 9915162,15163 subd. (a).) As the discussion below demonstrates, the proposed SPA One Plan amendments will result in no new impacts, or no more severe impacts, than any that were disclosed in the Final EIR. Therefore, it is appropriate for the City to prepare an Addendum pursuant to CEQA Guidelines, 9 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to 9 15162," and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, 9 15164, subd. (e).). The addendum need not be circulated for public review, but may simply be attached to the Final EIR. (Ibid; CEQA Guidelines, 915164, subd. (c)). In accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following Addendum to Final EIR-95-01. III. PROJECT SETTING The proposed project is located within the Otay Ranch General Development Plan (GDP) area located east of Interstate 805 (1-805) in the City of Chula Vista. More specifically, the proposed amendment areas are within the SPA One Plan area which is comprised of Villages One, One West and Five. The proposed amendment areas are both located within the Village Five Core (see Figure I). Village Five is comprised of approximately 493 acres located in the northern portion of the Otay Valley Parcel of the Otay Ranch GDP. The Otay Ranch General Development Plan (GDP) designates Village Five as an urban village to be served by a light rail transit system. The Otay Ranch GDP permits a total of 2,878 dwelling units, including both single and multi-family units. As an urban village, the Otay Ranch GDP provides for an approximately 115 acre village core including commercial uses, an elementary school site, neighborhood parks, Community Purpose Facilities land uses, and medium high density housing. Existing major roadways within Village Five include Telegraph Canyon RoadlOtay Lakes Road which forms the northern boundary, La Media Road which forms the western boundary, the future extension of Olympic Parkway which forms the southern boundary, and future SR-125 which forms the eastern boundary. East Palomar Street bisects the Village Five area, connecting Olympic Parbvay with La Media Road. East-west access to the project is provided along Telegraph Canyon RoadlOtay Lakes Road. 1-805, located to the west of the project site, currently provides regional north-south freeway access. Local interchanges in the project vicinity are at Olympic Parkway, Telegraph Canyon Road, and East H Street. The Village Five project area has been mass graded in accordance with the approved SPA One Plan, associated Tentative Maps, and the City of Chula Vista Grading Ordinance. Page 4 110 Development has occurred or is in process in the adjacent neighborhoods. In addition, the required infrastructure, including major backbone streets, are in place. R-45/C-3 Mixed Use Core The R-45/C-3 Mixed Use Core site is located at the southeast comer of Palomar Street and the west leg of Santa Cora Avenue in Village Five. The project site consists of two legal parcels, Parcels R-45/C-3, and P-8. Parcel P-8 is a 0.90-acre parcel and R-45/C-3 is a 2.9-acre parcel for a total of3.8 acres. The vacant site is relatively flat and has been previously graded. Existing surrounding land uses include multi-family to the south, east and west. Vacant land designated for Community Purpose Facilities (CPF) and a Community Park are located to the north across East Palomar Street. Neif:hbor/wods R-30 and R-39 Neighborhoods R-30 and R-39 comprise 44.5 acres and are located in the southeastern portion of Village Five, north of Olympic Parkway and immediately southeast of the intersection of Santa Rosa Drive and San Sebastian Avenue. Neighborhood R-31 and the Otay Water District Parcel, which is not a part of the Otay Ranch GDP, are located immediately to the north of the site. Neighborhood R-29 and the CPF 5 site are located immediately to the west. Open space lots, within the Poggi Canyon Creek drainage, fonn the southern boundary adjacent to the future Olympic Park'Way. Village Six, currently undeveloped, is located further to the south across the (future) Olympic Parkway. The community of Eastlake is located to the east. As stated above, the site has been mass graded. The topography is moderately sloping from the north to the south and southeast. Elevations range from approximately 575 feet above mean sea level (AMSL) in the northwest comer to approximately 500 feet AMSL in the southwest comer of the site. IV. PROJECT DESCRIPTION The approved Otay Ranch GDP, adopted on October 28, 1993 and the original SPA One Plan, approved on June 4, 1996, assumed a total of 2,878 units within Village Five. The proposed amendments would reallocate unutiJized units to the R-45/C-3 and R-30 and R- 39 neighborhoods for a total of 2,822 units within Village Five. Therefore, the proposed SP A One Plan amendments would be consistent with the overall densities authorized in the Otay Ranch GDP and SPA One Plan. Redistributing the units and locating higher densities in closer proximity to the viJlage core enhances the viability of the village core and meets the GDP goals and objectives related to pedestrian oriented urban villages served by light rail transit. As described above, Village Five has been mass graded with many areas within the Village already developed, or currently developing. Concurrent with the mass grading of the Village Five area, the majority of the project mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) have been implemented. For example, mitigation measures for impacts to biological resources, including the Page 5 II conveyance of open space to the Preserve, as required by the Otay Ranch Resource Management Plan (RMP), have already occurred. Therefore, those mitigation measures would not be applicable to this project. The fol1owing is a brief description of each proposed amendment. R-45/C-3 Mixed Use Core The adopted Vil1age 5 Core Master Precise Plan envisioned a mixed use residential and commercial project oriented towards a town square public park. The project proposes to modify the mix of commercial and residential elements, and utilize a "Main Street" concept with the mixed-use commercial residential building oriented towards East Palomar Street. The proposed modifications would create a more pedestrian fTiendly transit oriented environment with urban plazas, outdoor seating, and pedestrian linkages to the planned trail system. The proposed modifications require amendments to the Otay Ranch SPA I, Village 5 Core Master Precise Plan; Vil1age Design Plan; and Parks, Recreation, Open Space and Trails Master Plan to~ I. Increase the residential density trom 18 multi-family dwelling units to 72 multi- family dwelling units, designed as a mixed use development with commercial on the ground floor and some of the residential units above. 2. Decrease the commercial land use trom approximately 30,000 to 10,000 square feet. 3. Incorporate an urban plaza design in lieu of a 0.90 acre town square park. 4. Relocate the transit stop approximately I 50-feet west of the intersection of East Palomar Street and the east leg of Santa Cora A venue. Nei{:hborlzoods R-30 and R-39 The proposed project is an amendment to the SPA One Plan, SPA One Affordable Housing Plan, SPA One Parks, Recreation, Open Space and Trails Master Plan, Village Five Design Plan, and Tentative Map (TM) 96-04 for the reallocation of a total of 422 multi-family dwel1ing units to Neighborhoods R-30 and R-39. These units were approved under the original SPA One Plan but were not utilized by other developing neighborhoods. Specifical1y, the proposed amendment to Neighborhoods R-30 and R-39 would result in the following: I. Neighborhood R-30 was previously planned as a smal1 lot single-family project with 93 dwelling units. This amendment would create two multi-family neighborhoods (R-30a and R-30b) with 247 multi-family units and 326 multi- family units, respectively. Page 6 \'{ 2. Neighborhood R-39 was previously planned as a multi-family neighborhood with 180 dwelling units. This amendment creates a neighborhood with 122 multi- family detached units served by alleys. 3. The P-II private park site, currently within Neighborhood R-30, would be relocated to a more central location situated to the north of the intersection of Santa Paula Road and Santa Rosa Drive. In addition, the project would result in minor modifications to the previously graded site to accommodate the revised housing types. The units would be accessed from two points along Santa Rosa Drive. V. COMPATIBILITY WITH ZONING AND PLANS The proposed reallocation of multi-family units would maintain the overall densities identified in the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed project would also redesignate Parcel P-8 from a Park land use to Mixed Use. The proposed project would be required to provide the parkland obligation in another location within Otay Ranch. Therefore, the proposed an1endments to the SPA One Plan are considered compatible with applicable zoning and the adopted GDP in the City ofChula Vista. VI. CONSIDERATION OF ISSUES ADDRESSED IN THE FINAL EIR An Initial Study conducted by the City ofChula Vista (including the attached Environmental Checklist fonn) detennined that the proposed project would not result in any additional significant environmental effects than those previously covered under Final EIR-95-01. Land Use The proposed SPA One Plan amendments do not involve additional land uses not previously analyzed in ErR 95-01. The total residential dwelling unit count proposed under the SPA Plan Amendments is 2,822 dwelling units which is less than the 2,878 dwelling units analyzed in the original SPA Plan and Final EIR. The redistribution of dwelling units would not change the analysis and conclusions presented in ErR 95-01. R-45/C-3 Mixed Use Core The proposed SPA amendments and development of Parcel P-8 and R-45/C-3 as a mixed-use site would result in a reallocation of 54 residential units and the reduction in approximately 20,000 square feet of commercial uses. The total unit increase would be within the maximum number of units planned for Village Five, and would be located within areas planned for higher density within the village core. Page 7 Ic:r Nei5!,hborhoods R-30 and R-39 In addition to the previously planned 93 units for Neighborhood R-30 and 180 units for Neighborhood R-39, the proposed SPA One Plan amendment would reallocate 422 dwelling units that have not been utilized within SPA One to these neighborhoods. The project proposes a multi-family attached unit in Neighborhood R-30 and multi-family detached unit served by alleys in Neighborhood R-39. In summary, as shown on Table I, Dtay Ranch Village Five Land Use Comparison, the total dwelling unit count proposed under the proposed SPA One Plan amendments is less than the original SPA analyzed in the Final EIR (2,878 units). Single-family residential units would total 1,217 under the amended SPA, as compared to 1,263 units proposed and analyzed under the original SPA Plan analyzed in the Final EIR. Multi- family dwelling units would total 1,605 total units, as compared to the 1,615 dwelling units proposed and analyzed under the original SPA Plan analyzed in the Final EIR The proposed reallocation of multi-family units would be in planning areas that would maintain consistency with the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed increased densities within R-30a and 30b would provide for higher densities by proposing multi-family uses within the one- quarter mile radius instead of single family uses as identified in the adopted plan. Additionally, the proposed amendments to the SPA would not conflict with surrounding land uses, since the overall residential character of the proposed uses would be similar to the adopted plan. Transportation, Circulation and Access Traffic assessments were conducted for the proposed amendments to Neighborhoods R- 45/C-3 and R-30 and R-39. Both of the reports concluded that the overall level of service, as previously analyzed in the EIR 95-01, would not be changed by the proposed amendments. The SPA One Plan amendments would not cause any additional impacts to traffic, and would not require additional mitigation beyond that required in EIR 95-01. The intersection of Otay Lakes Road/Telegraph Canyon Road would be impacted either with or without the proposed amendment, as previously concluded in EIR 95-01. It should be noted that the major ("backbone") transportation improvements, previously identified in the Final EIR 95-01 MMRP have been or are currently under construction in the project \'icinity. R-45/C-3 Mixed Use Core A trip generation comparison was prepared by Darnell & Associates, Inc. on May 4,2001 to analyze potential traffic impacts associated with the proposed amendment. The trip generation comparison showed that the proposed amendment to the SPA One Plan (addition of 54 residential units and reduction in commercial square footage) would result in 1,656 fewer daily trips, with 69 fewer AM peak hour trips and 105 fewer PM peak hour trips. Page 8 :xJ Nei?;hborhoods R-30 and R-39 A Traffic Assessment was prepared by URS/BRW on July 20, 2001 to assess the potential impact to traffic and circulation associated with redistributing residential densities within Neighborhoods R-30 and R-39 of Village Five. Overall, the SPA One Plan amendment to Neighborhoods R-30 and R-39 would generate 2,710 daily trips with an increase of 217 AM peak hour and 272 PM peak hour trips. The report assessed roadways and intersections in the vicinity to determine if the increased traffic levels would result in substantial increased delays or reduced levels of service. The URS/BRW report concludes that the critical intersections for project access, including La Media Road/East Palomar Street intersection and Village 5 NS (Santa Paula)lOtay Lakes Road intersection would continue to operate at acceptable levels of service. Additionally, intersections associated with access to the site were evaluated. In particular, San Sebastian Avenue/Santa Rosa Drive, East Palomar Street/Santa Rosa Drive and Geyserville Street/Santa Rosa Drive were evaluated and were found to operate at acceptable levels during both AM and PM peak hours. Therefore, the SPA One Plan amendment would not cause additional impacts to the surrounding roadway circulation system, including site access points. Water Quality and Drainage R-45/C-3 Mixed Use Core The extent of the development area proposed under the amendment would be the same as previously assessed under ErR 95-0 I. Because the effects of storm water run-off are based on development area (impervious surface) rather than number of units, the increase in dwelling units and decrease in commercial square footage on R-45/C-3 would not change the amount of storm water previously anticipated for the site. In addition, based on a Drainage Study prepared by Rick Engineering Company dated, April 200 I, the proposed changes in land use for Parcel P-8 ITom park use to residential uses will result in an increase of 1.5 cubic feet per second (cfs). However, the existing 12 inch PVC storm drain has the capacity to cany the additional flow. The City's Engineering Division has reviewed the aforementioned Drainage Study and concurs with the findings and conclusions. Therefore, the proposed amendments do not result in any additional impacts to drainage beyond those previously identified in EIR 95-01. Nei?;hborhoods R-30 and R-39 Based on a Drainage Assessment, prepared by Hunsaker & Associates, dated May 24, 2001, the proposed increase in density would result in a negligible change in the drainage volume and would not have any adverse impacts to Poggi Canyon Creek. The conclusions of the previous analysis conducted in the "Master Drainage Study for Poggi Canyon Creek" would remain. The City's Engineering Division has reviewed the report and concurred with the findings and conclusions. Page 9 2.\ The total amount of urban area would not be changed, and the amount of impervious surfaces represented by the proposed amended plan would not substantial1y change ITom that analyzed in the Final EIR. Water quality issues would also be similar, due to the similar character and quantity of proposed land uses. Concurrent with the mass grading in Village Five, the project has complied with the MMRP mitigation measures regarding payment of "fair share" fees as required by the SPA One Plan and adherence to National Pol1utant Discharge Elimination System (NPDES) requirements. Public Services and Facilities R-45/C-3 Mixed Use Core Water and Sewer: Based on a Water and Sewer Service analysis by Powell/PBSJ, dated May 2001, the regional transmission mains planned and approved within Vil1age Five are sized to accommodate peak hour and maximum day plus fire flow rates to the revised Vil1age Five Core Area (R-45/C-3). Therefore, the increase in residential density and decrease in commercial square footage would not affect the analysis previously provided in EIR 95-0 I. Parks: The proposed amendment would result in 54 additional residential units and the elimination of a 0.9 acre park site (P-8). The project would be required to provide additional park acreage within Otay Ranch to compensate for the elimination of the P-8 park site as wel1 as the increased residential units. At this time, the additional park acreage is anticipated to occur within the Eastern Urban Center (EUe) of Otay Ranch. In addition, as required by Municipal Code Section 17.1 (Parkland Ordinance), park development fees would be increased to reflect the increase in multi-family units. Neizhborhoods R-30 and R-39 Water and Sewer: Based on letter report ITom Dexter Wilson Engineering Inc., dated May 18, 2001, the regional water facilities being constructed within Vil1age Five are sufficient to provide domestic and fire protection services to the revised development areas. Currently, sixteen-inch potable water lines are planned in Olympic Parkway, East Palomar Street, and Santa Rosa Drive and recycled water lines are proposed in East Palomar Street and Santa Rosa Drive. In addition, the proposed SPA One Plan amendment wil1 not affect the planned sewer line design for the Vil1age 5 area. Based on a letter report from Dexter Wilson Engineering, Inc., dated May IS, 2001, the S-inch gravity sewer line in East Palomar Street has capacity to accommodate the proposed planning change. The design capacity of the S-inch line is 600 EDUs and the proposed change would generate 555 EDUs. Page 10 ::2? . -------- ..----.. .+._-,~,.-_._..,...._.._.. ----~_.__._- Parks: The additional 422 multi-family units to be reallocated to Neighborhoods R-30 and R-39 results in a demand for approximately 2.6 acres of local parks (neighborhood and community parks) beyond that provided in the Otay Ranch Park Agreement. The project would be required to provide additional park acreage within Olay Ranch to compensate for the increased residential units. At this time, the additional park acreage is anticipated to occur within Village Two of Otay Ranch. In addition, as required by Municipal Code Section 17.] (Parkland Ordinance), park development fees will be increased to reflect the increase in multi-family units. VII. CONCLUSION The analysis and conclusions presented in the Final EIR are not changed by the proposed revisions, and preparation of a subsequent environmental document is not warranted. Pursuant to Section 15] 64 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions to the project, and that none of the conditions for preparing a subsequent or supplemental ErR , as identified by Sections 15162 and 15163 exist. Therefore, the preparation of this Addendum is appropriate to make the Final E1R 95-01 adequate under CEQA. ~ . //'/) ~/:///f.w r~' M 'lyn R.F. Ponseggi Environmental Review Coordinator ~h/ol Date / REFERENCES Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Environmental Impact Report (EIR 95-01), April 1996 Water and Sewer Service, Powell/PBSJ, May 2001 Traffic Analysis. Darnell and Associates, May 4, 2001 Drainage Study. Rick Engineering Company, April 2001 Water and Sewer Analysis, Dexter Wilson Engineering, May 18,2001 Traffic Analysis. URS/BRW. July 20, 2001 Drainage Assessment. Hunsaker and Associates, May 24, 2001 Page 11 .23 -- -~._._....._..- _.__._--_..~_.~._..~--,_.._.._--,--- Case No.IS-01-35;and IS-01-43 ENVIRONMENT AL CHECKLIST FORM 1. Name of Proponent: McMillin Otay Ranch, LLC; and Otay Ranch Project, LP 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 2727 Hoover A venue National City, CA 91950 350 W. Ash Street, Suite 750 San Diego, CA 92101 4. Name of Proposal: Otay Ranch SPA One Plan Village Five Amendments S. Date of Checklist: July 20, 2001 Potentially Significant Impact PotentiaU" Significant Unless Mitigated Les.~ than Significant Impact No Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o !;J b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? o o o !;J o o o !;J o o o !;J Comments: The proposed amendments would be consistent with the overall densities approved in the SPA One Plan, and the GDP and SPA Plan policies as evaluated under Final EIR 95-01. See further discussion in Section VI. of Addendum. Page 12 ~Lf Potentiilll}' Potentiall}' S~nif"w.:aDt Less than Significant Unless Sianificant No II. POPULATION AND HOUSING. Would lhe Impact Mitigated Impact Imtmct proposal: a) Cumulatively exceed official regional or local 0 0 0 I8l population projections? b) Induce substantial growth in an area either 0 0 0 I8l directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 I8l housing? Comments: The proposed amendments would not exceed the total multi-family and single family unit counts compared to the land use assumptions contained in the Final EIR 95-01 analysis of population and housing. Since the proposed amendments represent similar numbers and types of residential uses, the amendments are anticipated to result in virtually identical impacts to population and housing as was analyzed for the original SPA Plan in the Final EIR 95- 01. Potentiall}' III. GEOPHYSICAL. Would lhe proposal resull in or Potentiail)' Significant Less than Significant Un.less Significant No expose people 10 pOlenlial impacls involving: Impact Mitigated Impact Impact a) U nst3ble earth conditions or changes in 0 0 0 I8l geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 I8l overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 I8l features? d) The destruction, covering or modification of 0 0 0 I8l any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 I8l either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 I8l sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 I8l hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The Final EIR 95-01 detennined that no significant impacts associated with ground Page 13 :2.5 surface rupture (faulting) or liquefaction would occur on the project site. The Final EIR identified specific mitigation measures for ground shaking, soils, and slope stability that reduce potential impacts to a less than significant level. The mitigation measures required the submittal of site specific geotechnical analysis prepared by a licensed geotechnical consultant. Concurrent with the mass grading of the site, these mitigation measures have been complied with. As the area of potential effect for the proposed SPA One Plan amendment will not change, and with compliance with the Final EIR mitigation measures, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. potentiallJ Potentia.ll~' Significant Less than IV. WATER. Would the proposal result in: Significant UnI", Significant No Impact Mitigated Impact Impact a) Changes in absorption rates, drainage patterns, 0 0 0 181 or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 181 related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 181 alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 181 water body? e) Changes in currents, or the course of direction 0 0 0 181 of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 181 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) Alterations to the course or flow of flood 0 0 0 181 waters" j) Substantial reduction in the amount of water 0 0 0 181 otherwise available for public water supplies? Comments: The proposed amendments would not change the extent of development area (impervious surface) evaluated under the previous water quality and drainage analysis conducted for the Final EIR 95-01. See further discussion in Section VI. of Addendum. Page 14 ~(p Potentu.lI~' V. AIR QUALITY. Would the proposal: PotentiaU~ Si~nificant LeS5 than Significant Unless Significant No Impact Mitigated Impact Impact a) V iolate any air quality standard or contribute to 0 0 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 0 c) Alter air movement, moisture, or temperature, 0 0 0 0 or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 0 e) Create a substantial increase in stationary or 0 0 0 0 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: As discussed in Section VI. of the Addendum, the proposed amendments would not result in traffic volumes beyond those previously analyzed in the Final EIR. The traffic analysis reports concluded that the levels of service at nearby intersections would remain the same, and access points to the projects would operate at acceptable levels. Therefore, air quality impacts and mitigation measures would be similar to those previously analyzed in Final EIR 95-0 I. PotentiaUJ PotentiallJ Significant Less than Significant Unless SigPificant No VI. TRANSPORT A TION/CIRCULA TION. Would Impact Mitigated Impact Impact the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 0 b) Hazards to safety from design features (e.g., 0 0 0 0 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 0 nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 0 e) Hazards or barriers for pedestrians or 0 0 0 0 bicyclists? f) Conflicts with adopted policies supporting 0 0 0 0 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 0 h) A "large project" under the Congestion 0 0 0 0 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Page 15 d../ Comments: The proposed amendments would result in similar traffic impacts as were evaluated in Final EIR 95-01. See further discussion in Section VI. of Addendum. Potentially VII. BIOLOGICAL RESOURCES. Would [he Potentiall)' Significant Less tban Significant Unless Significant '" proposal result in impacts to: Impact Mitigated Impact Impact a) Endangered, sensitive species, species of 0 0 0 0 concern or species that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 0 trees)? c) Locally designated natural communities (e.g., 0 0 0 0 oak forest, coastal habitat, etc.)? d) Wetland habit3t (e.g., marsh, riparian and 0 0 0 0 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 0 t) Affect regional habitat preservation planning 0 0 0 0 efforts? Comments: The Final EIR 95-01 identified impacts to biological resources that required mitigation to reduce impacts to a level less than significant. Since that time, the proposed project site has been mass graded in accordance with the SPA One Plan, Tentative Map and the City's grading ordinance and no vegetation remains onsite. With the proposed amendment to the SPA One Plan, the area of development will not be altered trom the previous biological resource assessment boundary; therefore, the proposed revisions will not result in significant impacts to biological resources. Conveyance of land into the Preserve for development in SPA One has already occurred, and the proposed amendment will not require additional conveyance ofland by the project appJicant(s). Potentially Potentially Significant Less than VIII. ENERGY AND MINERAL RESOURCES. Significant Unless Significant N" Would [he proposal: Impact Mitigated Impact Impact a) Conflict with adopted energy conservation 0 0 0 0 plans? b) Use non-renewable resources in a wasteful and 0 0 0 0 inefficient manner? c) If the site is designated for mineral resource 0 0 0 0 protection, will this project impact this protection? Comments: There were no impacts identified in Final EIR 95-0 I associated with energy and mineral resources. The proposed amendments would not change the conclusions of the Final EIR 95-01. Page 16 ~ IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Potent.i.all}' PotentiallJ SignifICant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 C3I 0 0 0 C3I 0 0 0 C3I 0 0 0 C3I 0 0 0 C3I Comments: The proposed amendments to the SPA Plan would not result in a change in the type or character of land uses that would cause any hazards to hW11an health or safety or to the environment. The proposed changes to the plan include reallocation of residential densities, which would not result in any impacts related to hazards or hazardous conditions, as previously concluded under Final ErR 95-01. Potentially X. NOISE. Would the proposal result in: Potentiall)' Significant Less than Significant Unless Significant No Impact Mitigated 1m""" Impact a) Increases in existing noise levels? 0 0 0 C3I b) Exposure of people to severe noise levels? 0 0 0 C3I Comments: Due to the same development area for the proposed SPA One Plan amendment, construction noise impacts will not change with the proposed amendment. Mass grading of the site has occurred and the project has complied with the construction noise mitigation measure as outlined in the Final ErR 95-01. As with the approved SPA One Plan, additional pad grading will be required and the project applicant shall adhere to the MMRP construction noise mitigation for any additional grading activities required. The proposed plan changes were analyzed for potential increases in traffic on surrounding roadways. The conclusions of the traffic studies indicate that localized increases in traffic resulting from the reallocation of residential densities would not be sufficient to result in any substantial increases in traffic volumes. As a result, no new impacts to noise are anticipated to occur with the proposed SPA amendments, and no new mitigation measures would be required. As previously required, noise barriers would still need to be provided for units adjacent to roadways with noise levels in excess of 65 CNEL. Page] 7 ~"1 PotentiaU}' XI. PUBLIC SERVICES. Would The proposal have Potentially Significant Less than Sigllificallt Unless Significant No an effecT upon, or resulT in a need for new or Impact Mitigated Impact Impact alTered governmenl services in any of The following areas: a) Fire protection? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 0 181 d) Maintenance of public facilities, including 0 0 0 Ii;J roads? e) Other governmental services? 0 0 0 Ii;J Comments: Schools. Implementation ofthe proposed amendments would result in a slight decrease (! 699 vs. 1665) in the overall number of students generated by Village when compared to the previous analysis. Therefore, with implementation of the proposed mitigation measures in the previous EIR, no significant impact to school services will occur with implementation of the proposed SPA One Plan amendment. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. Law Enforcement/Fire/EMS. The Final EIR 95-01 identifies the need for police and fire service in the project area with future development of the SPA One Plan area. The project is within the boundaries ofthe public facilities Development Impact Fee program, and therefore will be subject to the payment of the police and fire/EMS fee rates in effect at the time building permits are issued. Therefore, no new impacts to law enforcement, fire, or EMS will occur with implementation of the SPA One Plan amendment. Library. The proposed SPA One Plan amendments do not change the impact analysis performed in the Final EIR. The demand for the 4,876 square feet oflibrary space generated by Village Five will be satisfied by the 36,758 square foot library planned in the Eastern Urban Center; therefore, no significant impacts to library services will occur with implementation of the proposed SPA One Plan amendment. In addition, the payment of Development Impact Fees for library services at the rate in effect at the time building permits are issued will further assist in development of adequate library facilities in the project area. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. Integrated Waste Management. The proposed SPA One Plan amendments do not change the impact analysis prepared for the Final EIR 95-01. The Final EIR states that development ofSP A One will result in a significant increase in solid waste generation; however, with implementation of proposed mitigation measures these impacts will be reduced to a less than significant level. An Integrated Waste Management Plan has been prepared for the Otay Ranch GDP area. The plan has identified the need for solid waste and recycling facilities in the Otay Ranch including neighborhood recycling dropofffacilities, a materials recovery facility, compo sting facility, and a facility to collects household hazardous waste. The proposed amendments would not result in any Page 18 ..3:) additional impacts than were previously analyzed in Final ErR 95-01. XII. Thresholds. Will the proposal adversely impact the City's 77zresllOld Standards? As described below, the proposed project does not adversely impact any of the seven Threshold Standards. PotentiaU,. Potentially Significant Les!ithan Significant u."" SignifICant N. Impact Mitigated Impact Impact 0 0 0 ~ Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated lm..ct Impact a) Fire/EMS 0 0 0 ~ The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The Final ErR 95-01 identified impacts associated with the overall SPA One development and required mitigation through the payment of Public Facilities fees to reduce impacts to a level less than significant. The proposed amendments would be within the total unit count previously analyzed, and therefore would not affect the previous conclusions of Final ErR 95-01. Potentially PotentiaU,' Significant Less than Significant Unl~ Significant No Impact Mitigated lm..ct Impact b) Police 0 0 0 ~ The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. Comments: The Final ErR 95-01 identified impacts associated with the overall SPA One development and required mitigation through the payment of Public Facilities fees to reduce impacts to a level less than significant. The proposed amendments would be within the total unit count previously analyzed, and therefore would not affect the previous conclusions of Final ErR 95-01. Potentially Potentially Significant Less tban Significant Unless Significant N. Impact Mitigated Impact Impact C) Traffic 0 0 0 ~ The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of Page 19 .31 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. Comments: As previously discussed, the proposed amendments would not result in an increase of traffic volumes and would maintain the levels of service as previously analyzed in Final EIR 95-0 I. PotentiaD)' Significant Impact Potentially Significant Un.... Mitigated Less than Significant Impact No Impact d) Parks/Recreation o o o I1<l The Threshold Standard for Parks and Recreation is 3 acresll ,000 population. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would result in modifications to the previously planned parks within Village Five: however, the project would be required to compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect at the time building permits are obtained. Therefore, the project would comply with the Parks and Recreation Threshold. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact e) Drainage 0 0 0 I1<l The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to the development area (impervious surface) previously evaluated under the Final EIR 95-01, and therefore the necessary drainage improvements previously required would be maintained. Potentially Potentially Significant LeS!;than Significant UDI~ Significant No Impact Mitigated Impact Impact f) Sewer 0 0 0 I1<l The Threshold St3ndards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to sewage flows previously evaluated under the Final EIR 95-0 I, and therefore the necessary improvements previously required would be maintained. Page 20 ._3~ PotentiallJ Potentially Significant Less than Signmcant U""" Significant No Impact Mitigated Impact Impact g) Water 0 0 0 181 The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The proposed amendments would not result in an increase in water transmission, treatment or storage facilities as previously evaluated under the Final ErR 95-0 I, and therefore the necessary improvements previously required would be maintained. PotentiallJ XIII. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant Less than Significant Unless Significant No the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 181 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or 0 0 0 181 distribution facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? 0 0 0 181 f) Solid waste disposal? 0 0 0 181 Comments: The proposed amendments would not result in the need for additional facilities or improvements beyond that previously analyzed in Final ErR 95-0 I. See further discussion in Section VI. of Addendum. Potentially Potentially Significant Less than Significant Unless Significant No XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact a) Obstruct any scenic vista or view open to the 0 0 0 181 public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 181 d) Create added light or glare sources that could 0 0 0 181 Page 2 J 33 increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? o o o till Comments: The proposed amendment areas have been previously mass graded and no additional encroachment into steep slope areas would result !Tom implementation of the amendments. In addition, the proposed amendments would not require any substantial changes to the grading plans for Village Five. Views ofthe project area would not be substantially changed with the proposed amendments, since the visual character of the proposed uses in the locations identified would not be substantially different !Tom those that would result under the adopted SPA One Plan and Final EIR 95-01. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Potentially Potentiallf Significant ussth.an Significant Unless Sij:nificant No Impact Mitigated Impact Impact 0 0 0 till o o till o o o till o o o till o o o till o Comments: The proposed SPA One Plan amendments will not increase the development area !Tom that which was previously analyzed in Final EIR 95-01. All of the archaeological and historical investigations for the Final EIR were completed in accordance with the guidelines ofthe City of Chula Vista and the County of San Diego (Guidelines for the Implementation of the California Environmental Quality Act 1991). The cultural resource studies and further testing of sites detennined that there would be one direct impact to one site of moderate significance that was considered a significant impact. This identified site is not within the boundaries of the proposed amendment areas. Further, through the implementation of Final EIR MMRP during mass grading of the site, these impacts have been mitigated through an onsite monitor during grading activities that have occurred. As the proposed amendment does not alter the area of potential effect and with the cultural resource mitigation measures in the Final EIR already Page 22 3-t implemented, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. Potentially Significant Impact PotentiallJ Significant Unl~ Mitigated Less than SignlllC8.nt Impact No Impact XVI. PALEONTOLOGICAL RESOURCES. Will/he proposal resull in /he allera/ion of or /he des/rue/ion of paleonlologieal resources? o o o Ii! Comments: The Final EIR determined that the project area contains areas of "High Sensitivity" and "Moderate Sensitivity" for paleontological resources. The Final EIR indicated that development of the SPA One project would result in massive grading over the entire project site and that significant impacts would occur to paleontological resources in the areas comprised of "High" and "Moderate" sensitivity. This grading activity has been completed and the MMRP measures complied with. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. PotentiaU)' XVII. RECREATION. Would /he proposal: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Increase the demand for neighborhood or 0 0 0 Ii! regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 Ii! c) Interfere with recreation parks & recreation 0 0 0 Ii! plans or programs? Comments: The proposed amendment would result in a minor modification to the park acreage location and quantity. The project would be required to provide adequate park acreage, as approved under the original SPA One Plan and evaluated under Final EIR 95-0 I. See further discussion in Section VI. of Addendum. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact A'vrn. MANDATORY FINDINGS OF SIGNIFICANCE: See Negarive Declara/ionfor mandatory findings of significance. If an EIR is Ileeded, /his see/ioll should be eomple/ed. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or o o o Ii! Page 13 &s endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The proposed amendments would not result in significant impacts biological or archaeological resources. Potentially Significant Impact Potentially Significant Un!", Mitigated Less than Significant Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.). o o o II Comments: The proposed amendments would not result in cumulative impacts beyond those previously analyzed in Final EIR 95-0 I. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly" o o o II Comments: The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No additional mitigation measures beyond those previously identified in Final ErR 95-0 1 are required for the proposed amendments to the SPA One Plan. Page 24 ~ X.X. AGREEMEXT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read. understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and wil1 implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. N/A Printed Name and Title of Authorized Representative of [Property Owner's Name] N/A Signature of Authorized Representative of [Property Owner's Name] Date N/A Printed Name and Title of [Operator if different from Property Owner] N/A Signature of Authorized Representative of [Operator if different from Property Owner] Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. D Land Use and Planning D T ransportation/C irculation D Public Services D Population and Housing D Biological Resources D Utilities and Service Systems D Geophysical D Energy and Mineral Resources D Aesthetics D Water D Hazards D Cultural Resources D Air Quality D Noise D Recreation D Paleontological D Mandatory Findings of Significance Resources Page 25 .3J XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, D and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, D there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an D ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y have a significant effect(s) on the environment, but at D least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal st3ndards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects . (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. /.1.< r; /y (f~.. . ~, /;/& IX,,; "I T /.ftX.( I''Y' Marilyn .F. Ponseggi Environmental Review Coordinator City of Chula Vista eh/ CI , Date ~~ Page 26 ~ I[ \1 , ,( ..1 i~ ,~ , , I -' ! PUBLIC/QUASI-PUBLIC OTAY WATER DISTRICT ." t i~\ . " Wy FUTURE VILLAGE SIX ROIECT LOCATION - . FUTURE VILLAGE TWO I C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MCMILLIN COMMUNITIES INC. & PROJECT DESCRIPTION: C) APPUCANT: OTAY PROJECTS, LP. INITIAL STUDY PROJECT ADDRESS: SCALE: FILE NUMBER: NORTH No Scale IS-01-035(C) .31 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and, WHEREAS, a duly verified application requesting amendments to the Otay Ranch SPA One Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan was filed with the Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"), to wit PCM-OI-11; and, WHEREAS, said application requests approval of the attached amendments to the Otay Ranch Sectional Planning Area (SPA One) Plan, the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan in order to revise the Village Five Core (Parcels R-45/C-3/P-8) to change from a "Town Square" to a "Main Street" concept and to implement a mixed-use development ("Project"); and, WHEREAS, the Village Five Core is located within SPA One, said Village Five area being located south of Telegraph Canyon Road, west of planned State Route 125, north of Olympic Parkway and east of La Media Road; 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, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the EIR-95-01, and has been evaluated as IS-OI-035 to detennine if any significant differences exist; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and detennined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95- 01 is has been prepared in accordance with the State CEQA Guidelines Section 15164; and t:\~~\- Ii 4D Resolution No. Page No.2 of6 WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information !Tom area residents; and WHEREAS, a public hearing was held at the time and place as advertised, namely 6~00 p.m., August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and, WHEREAS, by a vote of City Council approve the Project; and, the Planning Commission recommended that the WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on the amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan, ana the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 22, 2001, and the minutes and resolutions resulting there !Tom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves Resolution No. amending the Otay Ranch SPA One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Addendum to ErR 95-01, would have no new effects that were not examined in said Addendum (Guideline 15168 (c)(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Proj ect result in a substantial increase in severity in any environmenta] effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions 41 Resolution No. Page No.3 of6 requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to Otay Ranch SPA One EIR 97-03, identified as Exhibit "B" to this resolution reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One ErR 97-03. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program EIR 90-01, Otay Ranch SPA One EIR 95-01, and amended Otay Ranch SPA One EIR 97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Addendum to EIR 95-01, which adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). VIII. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to change the Village Five Core from a "Town Square" to "Main Street" concept and to implement a mixed use project, is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan in that goals and policies in both documents allow for and encourage such development. B. THE AMENDMENTS WILL PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE VILLAGE FIVE CORE. 4:2-. Resolution No. Page No.4 of6 The Amendments contain provIsIOns and requirements to ensure the orderly, phased development of the Village Five Core in that all required and necessary changes have been made to the applicable documents to ensure such orderly, phased development. C. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The intent in changing from a "Town Square" to a "Main Street" concept within the Village Five Core is to provide land uses consistent with and complimentary to those on adjacent parcels. No adverse affects are anticipated trom this revision, and residential enjoyment, circulation and environmental quality are anticipated to be significantly enhanced. Implementing a mixed use project will provide positive benefits to the Village Five Core, and the proposed plan closely follows all existing environmental protection guidelines, thereby preventing unacceptable off-site impacts. IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "C", attached hereto. X. APPROVAL OF AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN; THE SPA ONE VILLAGE DESIGN PLAN; THE SPA ONE PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND THE VILLAGE FIVE CORE MASTER PRECISE PLAN The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section IX listed above and based upon the findings and detenuinations on the record for this Proj ect. XI. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or they are, by their tenus, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenus, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building penuits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION 43 ~_________ ."_,, __.u__. ..._____..___,."._._.___.___.._._._..~.~.....,_.__ ...__ Resolution No. Page No.5 of 6 It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions, or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to fonn by Robert Leiter Planning and Building Director John M. Kaheny City Attorney 4L[ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFING THE ZONING DISTRICT MAP FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and WHEREAS, an application to amend the applicable sections and exhibits contained in the Otay Ranch Sectional Planning Area (SPA) One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan was filed with the City ofChula Vista Planning and Building Department on December 20,2000 by McMillin Otay Ranch, L.L.c. ("Applicant"), to wit PCM-OI-II; and WHEREAS, Applicant has requested amendments to Otay Ranch SPA One Planned Community District Regulations which requires modifying the SPA One Zoning District Map in order to reflect neighborhood boundary adjustments to Neighborhoods P-8 and C-3/R-45, located in the Property and as shown on Exhibit "B"; and WHEREAS, Applicant has requested that the Zoning District for Park P-8 in the Property be amended from OS/P1 (Open Space/Park) to C/RM2 (Commercial/Residential Multi-family Two) and that the adjacent plaza street also be designated C/RM2, as shown on Exhibits "B" ("Project"); and WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") environmentally evaluated under EIR 95-01 and previously approved by the City Council on June 4, 1996 by Resolution No. 18286; and, WHEREAS, an amendment to the Otay Ranch GDP was approved by the City Council of the City of Chula Vista on November 10, 1998 and an amendment to the SPA One Plan was approved by the City Council of the City ofChula Vista on February 16, 1999 by Resolution No. 19375 (PCM 97-11), which added Village One West to the Otay Ranch SPA One area; and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council ofthe City of Chula Vista on October, 23,1993, and as amended on May 14,1996, and November 10, 1998; and, ~~~n+ 5 4:5 Ordinance No. Page No.2 of 5 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and detennined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95-01 is has been prepared in accordance with the State CEQA Guidelines Section 15164; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner infonnation from area residents; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-OI-II) 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 ofthe Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, amending Otay Ranch SPA One Planned Community District boundaries within the Village Five Core is intended to ensure that the SPA One Plan and related documents are implemented in accordance with the Otay Ranch General Development Plan (GDP) in order to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long tenn phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, detennine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. 4(p Ordinance No. Page No.3 of 5 II. ACTION The City Council hereby approves the ordinance adopting the modifications to the Zoning District Map (Exhibit "B") of the SPA One Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the EIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope ofthe project covered by the EIR 95-01. IV. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council has found, pursuant to City Council Resolution No. _, that the Addendum prepared to Otay Ranch SPA One EIR 97-03 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One EIR 97-03. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for EIR 95-01. VI. NOTICE WITH LATER ACTIVITIES 41 Ordinance No. Page No.4 of 5 The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the ErR 95-01 which adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168(e)]. Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney 4~ .~ ~ w..~ ". &e1: == a ~~ ..... Q. ~ I C') ~ ca :5 :E :E ... 0 x "I: ;; w ... 0 III N i5 g ~ CI Ii .. .5 :If c 0 N '" i ~ ,i! "'~ .i!'i ~3 ot.:i ,,~ "~ ~<!; ~cl; -a :;:- ~ >: ~ .S; \0 _..... '(/'0 ~ ! f ~ '<!! W ~ . ~ ~ "'- '"' 'E E ... twz.'=". ! ~a ~ .. .. ~ ..s: ~ ~ ... ... ~ .. ;; - :: (: '! .. :> i- ~ \ E ~ f :If :If .. . ~ ;;; <> ~ 'i 'i i! E E c = ... ... 3 .. UI ff ~ ~ ~ E c ~ 8 ~ ." I: I: , UI UI II: II: <> <> on 'C c CII ~ CI IZ I! -.. ... <J CII ::1::1 ... <J ID e; ..J II> II> a: a: <J 0 II> 0 e..~n'b'i- " B" 4"1 Appendix B THE CI OF CHULA VISTA DISCLOSURE ST. .=MENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. J.\c.MilhiA ~ ~cL" LL..C- 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. c.- L M 111<:5 Par n.('\"s UL I>>; It cd (0D%) Parfh( r sJ11f / itJ/{ 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ If yes. please indicate person(s): 5. Please identify each and every person. including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. K0o\ fv,u..\Mfja.-v-t\\__ &o..VLf C\~-\-i e-..-o..0 ~k:",y<2.Ml\Q", L-ee. &1~b5 f->ob Pktc..l..<< 1Zcv-. MO(L.y~ 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Date: )2-/1'3/00 * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, jreaternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country. city municipality. district, or other political subdivision, or any other group or comb;not;on oct\,:S a u~ '2() PLANNING COMMISSION AGENDA STATEMENT Item: '-I- Meeting Date: 8/22/01 ITEM TITLE: Public Hearing: GPA-OI-04 - Proposal to change the General Plan designation of25/33 Naples Street from Retail Commercial to Residential Mediwn; PCZ-OI-02 - Proposal to rezone 25/33 Naples Street from C-N (Neighborhood Commercial) to R-3 (Apartment Residential); and PCS-OI-I 0 - Country Club Villas Tentative Subdivision Map, to develop 22 single- family detached condominium units at 25/33 Naples Street - Applicant~ Elmcon Ltd. The developer requests approval to amend the General Plan designation of25/33 Naples Street trom Retail Commercial to Residential Medium, and to rezone 25/33 NaplesStreet from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 22-unit single-family detached condominium complex, Country Club Villas Tentative Subdivision Map PCS-O 1-10. In accordance with the California Environmental Quality Act (CEQA), city staff prepared an Initial Study (IS-OI-039), and the Environmental Review Coordinator posted notice of a Mitigated Negative Declaration (MND) on July 23,2001. BOARDS/COMMISSIONS RECOMMENDATION: On July 30, 2001, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration. The public comment period as noticed by the Environmental Review Coordinator regarding the Mitigated Negative Declaration (MND) ended on August 20, 200 I. The final adoption ofthe MND is subject to review at the Planning Commission public hearing, with final approval by City Council. On June 4, 2001, a design review application for the proposed 22 single-family detached condominium development was brought before the Design Review Committee, who continued the project to June 18 so that some design issues and neighbors' concerns could be addressed. On June 18, 2001, the Design Review Committee approved the site plan and architecture for the project (DRC-O 1-40). RECOMMENDATION: That the Planning Commission approve Resolution GP A-O J -04/PCZ- 01-02 (attached) recommending that the City Council adopt the resolution to adopt the Mitigated Negative Declaration, and amend the General Plan designation of25/33 Naples Street from Retail Commercial to Residential Medium; and to adopt the ordinance to rezone 25/33 Naples Street trom C-N (Neighborhood Commercial) to R-3 (Apartment Residential). Also, that the Planning Commission approve Resolution PCS-OI-IO recommending that the City Council adopt the resolution to approve Country Club Villas Tentative Subdivision Map PCS-OI-IO. ( Page ~ Item: Meeting Date: 8/22/01 DISCUSSION: I. Site Characteristics The 2.2S-acre project site is a flat, rectangular parcel on the north side of Naples Street, west of Hilltop Drive. Chain link fencing surrounds the asphalt-covered property, which is currently occupied by a vacant, 7,000-square-foot, fire-damaged commercial building. The site is adjacent to an active shopping center to the east, the San Diego Country Club to the west, and fully developed single-family residential neighborhoods to the north, south, east across Hilltop, and southwest. 2. General Plan, Zoning and Land Use General Plan Zoning Current Land Use South: Retail Commercial Residential, Low-Medium (3-6 dulgross acre) Residential, Low-Medium (3-6 dulgross acre) Retail Commercial Residential, Medium-High (11-18 dulgross acre) C-N R-I Vacant, Fire-Damaged Building Single Family Residential Site: North: R-I Single Family Residential East: West/NW: C-N R-3P14 Commercial Center San Diego Country Club 3. Proposal The developer proposes to amend the General Plan designation of25/33 Naples Street from Retail Commercial to Residential Medium (6-11 dwelling units per gross acre), and to rezone 25/33 Naples Street from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 22-unit single-family detached condominium complex (Country Club Villas Tentative Subdivision Map PCS-OI-IO) on the site. The Country Club Villas Tentative Subdivision Map includes 22 residential lots and one common area lot ranging from 2,052- to 3,902-square-feet, for an average lot size of2,607-square-feet, and a density of9.7 dwelling units per gross acre. Common open space, including landscaped areas and a sand tot-lot, totals 8,S6S-square-feet. Private open space, which includes fenced off side and backyards on each residential lot, totals 30,924-square-feet. Two-story, three-bedroom condominium units ranging from 1,478- to I, 764-square-feet, with two- stall garages, are proposed on individual lots. Originally proposed in two phases of II units each, the developer has decided not to phase the project. Prior to issuance of any certificates of occupancy, however, the developer will be required to install all improvements, including streets, sidewalks, utilities, walls/fencing, landscaping, and common open space amenities. A 24-foot-wide driveway off Naples Street will lead into a 22-foot-wide private, circular road that will serve as access to the individual units. ;:z.. Page ~ Item: Meeting Date: 8/22/01 A six-foot-high, decorative masonry block wall will be erected along the eastern property line, serving as a zoning and sound wall between the proposed development and the commercial center. The wall will wrap around to the front and extend the entire length ofthe parcel along Naples Street, set back fifteen from the front property line. To the west, atthe top of a slope approximately ten feet higher than the project, there is an existing chain link/security fence separating the site from the San Diego Country Club. A retaining wall extending the entire length of the project's western edge will be constructed two feet from the existing chain link fencing, leaving a planting area for landscaping to masquerade the fence. Six-foot high cedar fencing will be erected along the northern property line (which is approximately 12 feet higher than the site), and on rear and side property lines that separate the individual lots. The proposal will require demolition of the fire-damaged building, removal ofthe existing asphalt, and excavation of approximately 2,200 cubic yards, 3,300 cubic yards for embankment, and 1,200 cubic yards of import. 4. Public Input On June 12, 200 I, Planning staff sponsored a public forum to address concerns expressed by two adjacent neighbors at the June 4, 2001 DRC meeting. Three residents of Hilltop Court, which is directly north of the project, attended the forum. The resident at 32 Hilltop Court stated he did not want to look into the windows of the new two-story homes once the 28-foot-high tilt-up wall (a remnant of the damaged commercial building) adjoining his property is removed. The resident at 26 Hilltop Court expressed a similar concern. Staff showed the residents elevations of the homes that are planned for the lots directly adjacent to their yards. The elevations show that only one or two small windows on the second stories will face their homes, and they seemed satisfied that window coverings and landscaping installed by future homeowners would address privacy issues. 5. Analysis General Plan Amendment: A General Plan Amendment must precede the developer's objective of constructing 22 residential units at 25/33 Naples Street, specifically the current designation of Retail Commercial must be changed to Residential Medium (6-11 Dwelling Units Per Gross Acre). The Residential Medium land use designation allows: small, single-family, detached units on smaller lots, zero lot line homes, patio homes, and attached units, such as duplexes and town homes. The category also includes mobile home parks. The proposed General Plan Amendment would reduce 4.19 contiguous acres of Retail Commercial to 1.93 on the General Plan Land Use Diagram. The proposed increased residential densities in this primarily residential neighborhood are anticipated to be compatible, based upon their orientation and 3 Page 4 Item: Meeting Date: 8/22/01 location. A reduction in available retail acreage in the neighborhood would not result in a conflict with the goals and policies of the General Plan. In fact, there are several Objectives under Goal 3. Housing and Community Character of the General Plan that the proposed project would help meet. They include: Objective 10. Encourage the development of a diversity of housing types and prices. Objective II. Assure that new development meets or exceeds a standard of high quality planning and design. Objective 12. Provide for the development of multiple-family housing in appropriate areas convenient to public services, facilities and circulation. The Economic Development Division of the Community Development Department reviewed the proposal and concluded that the reduced commercial acreage would still support a viable neighborhood commercial center. The project site, which, before being destroyed by fire, was fonnerly occupied by a grocery store and a health club, has been vacant for several years, and there has been little interest in redeveloping the lot commercially. The Planning Commission approved two different conditional use pennits for the site; however, neither ever commenced. In 1992, the Planning Commission approved the restoration/reconstruction of the fire-damaged portion of the building affected by the CUP to establish a place of religious assembly (PCC-93-8). And in 1995, the Planning Commission approved a CUP to establish a Moose lodge on the site (PCC-95-26). Since the destruction of the fire, the site has also been a target of vandalism. City Code Enforcement has issued several citations for graffiti, and for sanitation violations and safety hazards, due to illegal dumping of trash and debris on the site. Rezone: Rezoning 25/33 Naples Street is also a prerequisite to developing 22 residential units on that site. The proposal is to rezone the parcel from CoN (Neighborhood Commercial) to R-3 (Apartment Residential). The rezone would reduce 4.19 contiguous acres ofC-N to 1.93 on the city zoning map. Section 19.34.010 of the Chula Vista Municipal Code states that CoN zoning shall be applied to property having a minimum area of three acres and a maximum area of eight acres. Combined, the 2.25-acre project site and the two CoN parcels adjacent to the east (1.45 acres and .48-acre) comply with the minimum three acres. After rezoning the project site, the remaining two CoN parcels would not meet the minimum three acres. This is not a unique situation on the Chula Vista zoning map, however. Twenty-two individual C-N parcels in the city have been identified as being less than three acres. Their average size is .67 acres. The Municipal Code states that the purpose of the C-N Zone is to "provide a shopping center for convenience shopping in a residential neighborhood where analysis of residential population demonstrates that such facilities are necessary and desirable." The commercial center on the two <{ Page $ Item: Meeting Date: 8/22/01 lots (1.93 acres) adjacent to the project site appears to adequately serve the neighborhood with such facilities. There are twelve various businesses in the center, including coin laundry, dry cleaning, beauty salon, barber shop, liquor sales, and a convenience market with gas sales, amongst others. The purpose of the R-3 Zone is to: Provide appropriate locations where apartment house neighborhood~ of varying degrees of density may he estahlished, maintained, and protected The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and ofrstreet parking. The regulations permit, in accordance with the respective density districts, multiple dwellings rangingfrom garden apartments to multi-story apartment houses, and necessary puhlic services and activities subject to proper controls. The proposed project complies with R-3 lot size (7,000-square-feet) and setback requirements. It also complies with the minimum area per dwelling of 1,350-square-feet. Regarding off-street parking, the proposed project meets and exceeds the requirement of two spaces per unit, by providing two-stall garages for each unit and 14 open guest parking spaces. It also provides nearly four times (39,489-square-feet total) the amount of required open space (lO,S60-square-feet based on 480-square-feet per dwelling unit) the R-3 Zone would require. Tentative Subdivision Map: The project was designed around a IS-foot-wide drainage easement that begins in the proposed common open space lot on the east side of the parcel, and follows the proposed road down to a landscaped area in the southwest corner of the property. None of the proposed structures will encroach on the easement. The Subdivision Manual requires the road to be 24-feet-wide. However, the developer applied for and received a waiver from the Engineering Department for the two-foot deficit. The slightly narrower street will leave room for a four-foot-wide sidewalk (ADA minimum) around the inner island of homes. The sidewalk will serve as a pedestrian link to the common open space area. The R-3 standards do not specify minimum lot size or setbacks for each condominium unit. However, a minimum of ten feet is proposed between each unit. The developer will be required to improve the curb, gutter and sidewalk along the portion of Naples Street in front of the project site. Striping on Naples Street will also be required to create turning pockets for the project entrance. The site plan and architecture for the proposed units were approved by the Design Review Committee on June 18,2001. ) Page 4 Item: Meeting Date: 8/22/01 6. Conclusion Staffbelieves that the proposed General Plan Amendment, Rezone, and Tentative Subdivision Map for Country Club Villas at 25/33 Naples Street are appropriate, and that the project, when constructed, will result in positive changes to the area, based on: the goals of the General Plan; the requirements of the R-3 Zone; the required subdivision map findings; and subject to the conditions of approval noted in the attached draft City Council resolutions and ordinance. The development will integrate new homes into a mostly residential neighborhood, and onto a site that has very little commercial appeal, but is the target ofrepeated vandalism in its current state of ruin. It will provide needed new single-family housing opportunities for potential homeowners seeking to live closer to long established shopping areas, schools, parks, libraries, and job centers. Attachments: I. Locator Map 2. Planning Commission Resolution GP A-O I-04/PCZ-OI-02 3. Planning Commission Resolution PCS-O I-I 0 4. Draft City Council Resolution-General Plan Amendment 5. Draft City Council Ordinance-Rezone 6. Draft City Council-Tentative Subdivision Map 7. Disclosure Statement 8. Mitigated Negative Declaration ~ \/\ \-- '. \ \ \...-.~\ /\ \ /~~\ \ \.... //\ y~ ' ~.. \~ ~. " \ , ....--" ~ I \\~/i )I \~\ / , 'y ~ , \>- \.../// '\" \<.\<.<2:- ef' /// / " \ , \t:.GO s~'" 0 "l C\..U~ cou",1~ \ \... 6 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ELMCON L TO PROJECT DESCRIPTION: C9 APPLICANT: PLANNING COMMISSION PROJECT 25 NAPLES ST 7 Request: Site Plan and architectural for 22 single ADDRESS: family detached condo units W'ith detached garage, private street. common reo area and 58 parking SCALE: FilE NUMBER: spaces. NORTH No Scale PCZ-01-02 Related Cases: DRC 01-40 18-01-39 GPA-01-Q4 c:hectorllocators\pcz0102.cdr 4.24.01 ATTACHMENT 1 RESOLUTION NO. GPA-OI-04/PCZ-OI-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION TO CHANGE THE GENERAL PLAN DESIGNATION OF 25/33 NAPLES STREET FROM RETAIL COMMERCIAL TO RESIDENTIAL MEDIUM; AND TO ADOPT AN ORDINANCE TO REZONE 25/33 NAPLES STREET FROM C-N (NEIGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL). WHEREAS, duly verified applications for a General Plan Amendment (GP A-O 1- 04) and Rezoning (PCZ-OI-02) were submitted to the Planning and Building Department of the City of Chula Vista on February 5, 2001 by Elmcon Ltd. ("Applicant"); and, WHEREAS, said applications requested to amend the General Plan designation of 25/33 Naples Street from Retail Commercial to Residential Medium; and to rezone 25/33 Naples Street from CoN (Neighborhood Commercial) to R-3 (Apartment Residential); and WHEREAS, the Environmental Review Coordinator conducted an Initial Study of possible environmental impacts associated with this project and, based on the Initial Study (lS-01-039), prepared a Mitigated Negative Declaration to reduce potential significant effects to a level below significant. The Planning Commission found the Mitigated Negative Declaration for this project to be adequate; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said General Plan Amendment and Rezone applications, 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 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely August 22, 2001 at 6~00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to these applications; and, WHEREAS, from the facts presented, the Planning Commission hereby determines that the General Plan Amendment and the Rezone are consistent with the City of Chula Vista General Plan and the California Government Code, and that the public necessity, convenience, general welfare and good zoning practice support the requests. g ATTACHMENT 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached City Council Resolution adopting the Mitigated Negative Declaration (IS-O 1-039) and approving the General Plan Amendment (GP A-O 1-04); and adopt the attached Ordinance approving the Rezone (PCZ-O 1-02), in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001, by the following vote, to wit: AYES: NOES~ ABSENT: ABSTAIN ~ Kevin O'Neil, Chair Diana Vargas, Secretary H :\HOME\PI.ANNING\KI M\PLNGCMSN\OWD.RES 2 9' RESOLUTION NO. PCS-Ol-to RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE COUNTRY CLUB VILLAS TENTATIVE SUBDIVISION MAP, PCS 01-10, A 2.25-ACRE, 23 LOT, SINGLE-FAMILY DETACHED CONDOMINIUM DEVELOPMENT LOCATED AT 25/33 NAPLES STREET. WHEREAS, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Planning Department on May 8, 2001 by Elmcon Ltd. (Developer); and WHEREAS, said Developer requests permission to subdivide a 2.25-acre parcel into 23 lots for a 22- unit, single-family detached condominium complex, located at 25/33 Naples Street, within the Apartment Residential Zone (R-3), and within the General Plan Land Use Designation of Residential Medium, consisting of APN 619-100-2900 and 619-100-3000; and WHEREAS, the City Council previously adopted a Mitigated Negative Declaration as to the effects of the proposal on the environment, in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on 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 property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 22,2001, at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve the Country Club Villas Tentative Subdivision Map PCS-OI-lO in accordance with the tentative subdivision map findings and subject to the conditions of approval contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001, by the following vote, to-wit: AYES: NOES: ABSTAIN~ Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary 10 C:\Mv DOCUMENTS\PLANNING COMMISSION RESOI.UTlONS\PCS-OI-IO COUNTRY CLUB VILLAS.DOC ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-OI-039 AND APPROVING AN AMENDMENT TO THE GENERAL PLAN OF THE CITY OF CHULA VISTA AT 25/33 NAPLES STREET. A. 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 at 25/33 Naples Street ("Project Site"); and 2. Project Applicant WHEREAS, on February 5, 2001, a duly verified application for a General Plan Amendment (GPA-OI-04) was filed with the City ofChula Vista Planning Division by Elmcon Ltd. (Applicant); and 3. Project Description; Application for General Plan Amendment WHEREAS, Applicant requests that the General Plan designation for the property at 25/33 Naples Street be amended from Retail Commercial to Residential Medium prior to requesting rezoning the property from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 22-unit single-family detached condominium complex on the Project Site; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator determined that the Project required the preparation of an Initial Study. Such study (IS-OI-039) was prepared by city staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on July 30, 2001, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on August 22, 2001. (( ATTACHMENT 4 5. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for August 22, 2001; and WHEREAS, at the August 22,2001 meeting, the Planning Commission considered a motion to support staff's recommendation for the General Plan Amendment, and voted to recommend that the City Council adopt the Mitigated Negative Declaration and the General Plan Amendment in accordance with Planning Commission Resolution GPA-OI-04/PCZ-OI-02; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on ,2001 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: A. PLANNING COMMISSION RECORD The proceedings and all evidence on the amendment to the City of Chula Vista General Plan introduced before the Planning Commission at their public hearing on this Project held on August 22, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. B. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. C. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City of Chula Vista City Council, and hereby adopts the Mitigated Negative Declaration, a copy of which is on file in the office of the City Clerk. D. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in the Environmental Document 15-01-039. t<<.. Resolution No. Page #3 E. GRANT OF GENERAL PLAN AMENDMENT The City Council hereby grants the proposal to amend the General Plan designation of 25/33 Naples Street from Retail Commercial to Residential Medium. F. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California this day of , 2001. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney H:\HOME\PLANNING\KIM\City Council Resolutions\PCC-(}()-58 Cox Sprint, Rohr.doc /3 -- ----- RETAIL CEN~ , - .- ----:-----~' . SAN DIEGO COUNTRY CLUB \---- \- ,I \ /\/' \:' /\ '\"/ -":..--- \ ~ \-- \/' \ \ /i, ~, \--- ---- \------- \ , - _______- ____----- ------ \,------_---------1\ \--- .-/_ \ ----/ _--\, \ -- ., y- /------- --------------- (---------- \'----------;\" ~.~ .------- \ ],-- PROJECT 'I \,/~\ ,//,/.,,-\ ~\ I,.,.,e, LOCATlONI /1 ,/ <./ /\ . i Y_' ,./ . ' ? 'CI, / i \.. ,....J _____~\,I,.9/ ,/ . 'r- -'----- ,-,- / -_/~, ;....- L/// I \ , ----------\ / ./": ./ , \//--\;'/ , // I _______--- \ \' \., \/~ , .\ \-// \ , ...--.\ '\' ,/ ,,/-\ -----------::-- ./"'is's1/ c' \ t-If".?'':>/ ~..,.. \/~~ ' ,/ ./"="~ ,ST. PIUs.--\ ';-------------- _;./-- ---\S \\--------/---: CA:i:tf"()(IC \ ,________ / , .//L \/ '.'0 I, /', CHURCH '" <__/ , __--- _.--1,-_ _----------~~ \~____--~- -'_- /_\~ \/_/______~'" \// ~//- \, _________-~-' 'C /\ / /~7 \ _/~-/.- ~ 0 \" _______________-\ \ /-. ,/~ ,0 1,/' \// '.,z \-/..... '. /' '/J ' ...... I, /.../. ..io ~"/--------------\~. 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'. ~.o'("S:\ \ \ ---I \ " -.----------., -------- /-------~,~/ -~ \'~-/- --; /- ,/- '~.'\-------------==~\ ~~ \ _______________;- \ "k/--<'- \-----/ ::-------'----------"" L.. '. ------------------... /--\ ' //- ~'- - ,,/-- c:.,?".?9~---------- 'c" \ " I. /, .,~- ....-------- ~ (\\ ,.- ______-~------ _~ .-- -/ I C~~/ "\---___/-----'\_____--------,\ \\.---____-1",/'- \, \ '__/ ---- \ / I ._/--------- ,- v'. s--------- \ .-----J, '------'- \, --------- --------------; ------------------------'... ,----- - /<- \,.- -----/ ------- '-/ \-------_/ \~, \ ~ . ,C. __/------ './___ ________'. ,./_ \ _______________----'" /__\ \ ,,__ '/ -' " ///'j../// ,.-...\;, " / . / j ./\ " ~ \-------- _______________\ ______-------~ /______- \. ____________/',. ____________.-r- /______A, _______________ ~ j../', ',./,.-/ // . /"(" J..,.-/ /".//,/" \. _/ /~ '. ~_/ I' . .~.. '.. /". /' ,/. , , ~~' ~/'\ \" /r' // /-\:/ CASTLE PARK \, , \~ I ~ ',/~---:~ \~://::r'/' //</~,.; ELEMENTARY' ", \. \ 1...,../ \/~ //""-"---::'/I~ j,.-/'/ '. /..',/ / SCHOOL \,.-/\'. '\~I, . , .~ ..--/-------------- --- '1./_______________--<;/ 1.-/--- -----------. \ ~~ ------I ,_/ /\- -----------/ '\-.---- -~ ' :::~/~~.::.. / \//~. " /-'\ / \: ~. ~\ \\ \\ ~ ~ /' 'e'/', j../ ~/,.-'/ , ~ ~D 5..,/ ( \ \,~ ./' /- ---------\--------------- \///\// ,---------------}.,-------------/ \-// ------------- /-- O!:~9---\0 \., i ~ <, \, , C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Count3 Club Villas PROJECT DESCRIPTION: C) APPLICANT: ELMC N LTD. GENERAL PLAN AMENDMENT PROJECT 25 Naples Street Request: Proposal for 22 detached condos ADDRESS: with 2 car garages. SCALE: FILE NUMBER: NORTH No Scale GPA - 01 - 04 Related Cases: IS-01-039, PCZ-01-02 h:\home\planninglcarlosllocators\gpa0104.cdr 02.25.01 1"1 t EXHmIT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 2.25 ACRES AT 25/33 NAPLES STREET FROM C-N (NEIGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL). WHEREAS, the property consists of 2.25 acres located at 25/33 Naples Street (site), diagrammatically represented in the attached Exhibit A; and, WHEREAS, a duly verified application for rezoning was filed with the Planning Division of the Planning and Building Department on February 5, 2001; and, WHEREAS, the application (PCZ-OI-02) requests approval to rezone 25/33 Naples Street from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 22-unit single-family detached condominium complex; and, WHEREAS, the Planning Division of the Planning and Building Department set the time and place for a hearing on said rezone application, and notice of said hearing, together with its purpose, was given by its publication in the newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 22, 2001 in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, before the Planning Commission, and said hearing was thereafter closed; and WHEREAS, from the facts presented, the Planning Commission determined that the rezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience and good zoning practice support the rezoning to R-3 (Apartment Residential); and WHEREAS, the Planning Commission had previously found that the Mitigated Negative Declaration (lS-O 1-039) for the project would adequately reduce potential significant effects to a level below significant, and voted to recommend that the City Council approve the rezoning of the project site to R-3 (Apartment Residential); and WHEREAS, the City Council has adopted Mitigated Negative Declaration IS-O 1-039 and all of its mitigation measures. C:\MY DOCUMENTS\CITY COUNCIL RESOLlJTIONS\PCZ.Ol.02 q:OUNTRY CLUB VILLAS.DOC /) ATTACHMENT 5 NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista does hereby find, determine, and ordain as follows~ Section I: The rezoning provided for herein is consistent with the City ofChula Vista General Plan, and is supported by public necessity, convenience, general welfare, and good zoning practice. Section II~ The City ofChula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site from C-N (Neighborhood Commercial) to R-3 (Apartment Residential). Section IV: This ordinance shall take effect and be in full force the 30th day from its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning John M. Kahaney City Attorney CIMY DOCUMENTSICITV COUNCIl. RESOl.UTlONSIPCZ.OI.02 20UNTRY CLUB VILLAS DOC II, ~N /l~_.~"" \~\ /~::,. /~ ;~/~ ~~~~ ~ ~~~ / ~r-- -~ I \ ' \ \, \ \ L--- ~ ----r ' '. I ' ! 1 '1 '. I I, I \~GO sJ!-~ t> :'{ C\..U6 COU~i~ ~ ~- 'tY3 .-\\~\ o '. \ \ ~ ~ \~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ELMCON L TO PROJECT DESCRIPTION: C) APPLICANT: PLANNING COMMISSION PROJECT 25 NAPLES ST Request: Site Plan and architectural for 22 single ADDRESS: family detached condo units 'W"ith detached garage, private street, common rec area and 58 parking SCALE: FILE NUMBER: spaces. NORTH No Scale PCZ-01-02 Related Cases: DRC-01-40 15-01-39 GPA-n1-04 c:hector\locators\pcz0102.cdr 4.24.01 l7 EXHIBIT A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE COUNTRY CLUB VILLAS TENTATIVE SUBDIVISION MAP (PCS-01-10), A 2.25-ACRE, 23-LOT CONDOMINIUM DEVELOPMENT FOR 22 SINGLE-FAMILY DETACHED DWELLING UNITS, LOCATED AT 25/33 NAPLES STREET, CHULA VISTA TRACT NO. CVT 01-10. I. RECITALS A. Project Site WHEREAS, the area of land commonly known as Country Club Villas Tentative Subdivision Map (PCS-01-10), Chula Vista Tract No. 01-10, which is the subject matter of this resolution, and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference; and for the purpose of general description herein consists of 2.25 acres located at 25/33 Naples Street, within the Apartment Residential Zone (R-3), and within the General Plan Land Use Designation of Residential Medium (6 - 11 dwelling units per acre), consisting of APN 619-100-2900 and 619-100-3000 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on May 8, 2001, Elmcon Ltd. ("Developer") filed a tentative subdivision map application with the Planning Division of the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS-01-10) known as Country Club Villas, Chula Vista Tract No. 01-10, in order to subdivide the project site into a 23- lot condominium development for 22 single-family detached condominium units ("Project"); and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on August 22, 2001 and voted _ to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCS-01-10; and D. Environmental Determination WHEREAS, the City Council previously adopted a Mitigated Negative Declaration (IS-01-039), in accordance with the requirements of the California Environmental Quality Act (CEQA); and E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on , 2001 in the Council Chambers, 276 Fourth Avenue (7 ATTACHMENT 6 Resolution No. Page 2 before the City Council of the City of Chula Vista to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on August 22, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map (PCS-01-10) for Country Club Villas, Chula Vista Tract No. 01-10, as conditioned herein, is in conformance with the various elements of the City's General Plan based on the following: 1 . Land Use The General Plan Land Use Designation is Residential Medium (6 - 11 dwelling units per gross acre). The proposed 23-lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan. 2. Circulation The private street required to serve the subdivision will be constructed or paid for by the developer in accordance with the Conditions of Approval. The private street within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The housing provided within the Project will be market-rate housing. The Project will provide additional single-family detached condominiums in an established western Chula Vista neighborhood. 4. Conservation The Project site is known to have significant environmental impacts, which are addressed by the mitigation measures. The mitigation monitoring and reporting program is incorporated into the conditions of approval. 5. Parks and Recreation, Open Space The Project will be required to pay park acquisition and development fees prior to approval of a final map. The individual lots possess some rear and side yard areas. (9 Resolution No. Page 3 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The site is not located adjacent to an identified or inferred geologic fault. 7. Safety The Project is within the General Plan standard for response time of both police and fire services. The emergency services agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The Project will be required to meet the residential standards of the General Plan's Noise Element and Municipal Code. The dwelling units will be required to meet the Uniform Building Code standards with regard to acceptable interior noise levels. 9. Scenic Highway The Project does not abut a scenic route or gateway. 10. Bicycle Routes The private street within and the public street adjoining the Project do not include a designated bike route. 11. Public Buildings No public buildings are planned or proposed for the Project. B. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. 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. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. .;)0 Resolution No. Page 4 BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and specific conditions set forth below: IV. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: Environmental: 1. Prior to demolition of the existing accessory buildings, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the proper removal and disposal of this element, if detected. The applicant shall be responsible for obtaining all the required permits from all affected state and local regulatory agencies, including the Air Pollution Control District, and shall provide proof of having obtained approval to proceed with this process in the Planning and Building Department prior to obtaining a building permit. 2. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any location inside of the rooms of the dwellings, all the windows and exterior doors must be closed. Due to the restriction of closed windows, forced ventilation is required. This can be established by the installation of fans or an Air Conditioning System (HVAC). Either one of these can be provided by the design. 3. The installation of fans or an HVAC system must be constructed to ensure that the ducts for the outside air supply and the exhaust be placed at two right angles. Two air exchanges over the course of one hour are required, along with a 20% volume change per hour, which must be taken from the outdoors, per UBC requirements. The ducts for the outside air supply and exhaust must be placed on opposite sides of the units facing Naples Street. 4. All windows, French doors, and exterior hardwood doors on the first and second floors for the first and second row of units closest to Naples Street shall be designed and constructed in accordance with the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22, 2001. No mitigation is required for the windows, french doors and exterior hardwood doors of the rest of the dwellings (refer to Exhibit B of Mitigated Negative Declaration). 5. The external walls of all buildings shall be designed and constructed in accordance with the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22, 2001 (refer to Exhibit B of Mitigated Negative Declaration). 6. A 6-foot-high sound wall shall be erected at the properly line between the east side of the site and the parking lot of Country Club Shopping Center, to the east of the project site, as well as along the front (facing Naples Street) of the lot, outside of the 15-foot setback. The sound wall shall be constructed from concrete blocks or from masonry (refer to Exhibit B of Mitigated Negative Declaration). 2J-( Resolution No. Page 5 EnQineerinQ: 7. Submit and obtain approval of a lot line adjustment plat, prior to submittal of the final map, between the subject development and the adjacent property to the east, in order to eliminate the building wall encroachment shown on the Tentative Map. 8. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long-term water storage facilities. 9. Install fire hydrants, as determined by the City Fire Marshall. Said hydrant locations shall be shown on the improvement plans. 10. Submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within two feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 11. Grading plans shall address the existing steep slope at the southwest corner of the development that will include re-grading, if necessary, in order to achieve a maximum slope gradient of 2 horizontal to 1 vertical. 12. Existing retaining walls that are proposed to remain shall be addressed by the project soils engineer to determine adequate structural stability. 13. Grading design shall be in accordance with Grading Ordinance 1797, as amended. 14. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 15. Show the location of cut/filllines based on existing topography on grading plans. 16. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations, prior to approval of the final map. 17. Submit a detailed geotechnical report prepared and signed and stamped by both a registered civil engineer and certified engineering geologist, prior to approval of grading plans and issuance of a grading permit. 18. All onsite drainage facilities shall be private. Connection to the existing storm drain culvert shall be designed to the satisfaction of the City Engineer. 19. Submit a precise drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall show how downstream properties and storm drain facilities are impacted. The extent of the study shall be as approved by the City Engineer. 20. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the c# Resolution No. Page 6 National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.PDES. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.PD.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant shall comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm runoff to the maximum extent practicable. 21. The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. The quantity of runoff from the development shall be reduced to an amount equal to or less than present 1 aD-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows. Said retention/detention facilities shall be provided by the Applicant. 22. The main onsite sewer system within the private streets shall be public. Said sewer system shall be designed in accordance with the City of Chula Vista Subdivision Manual for public sewer systems. Public sewer design requirements include, but are not limited to, terminating sewer mains with standard manholes, maintaining a minimum distance of 5 feet from the edge of roadway and placement of manholes away from parking areas. Public sewer mains shall be 8-inch diameter. Sewer service for lots 7,8, 13-15 and 19, as shown on the Tentative Map, shall be by a public sewer main along the lot frontage (Tentative Map does not show a sewer line serving these lots). 23. All sewer laterals shall be privately maintained from the house to the City-maintained public sewer main. 24. Streets within the development shall be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for the development. Said streets shall be designed to withstand H-20 wheel loading, and include reinforcement. Structural calculations shall be submitted with the improvement plans to support the proposed street structural section. The border between public street and private street shall be delineated throughout the use of ,;25 Resolution No. Page 7 distinctive pavement. Private streets shall be designed to accommodate emergency vehicle access to the satisfaction of the City Engineer. 25. Guarantee, prior to approval of the final map, the construction of private street improvements deemed necessary to provide service to the subject subdivision, in accordance with City standards. 26. Remove the existing temporary power pole mounted street light at the southwest corner of the project, and replace with a permanent Chula Vista standard 250-watt street light at a location approved by the City Traffic Engineer. 27. Install an alley-type entrance with pedestrian ramps at the project entrance, in accordance with City and Regional standards. 28. Striping on Naples Street shall be required to create turning pockets for the project entrance, to the satisfaction of the City Traffic Engineer. Parking along the project frontage shall no longer be allowed due to the required striping. 29. Remove the existing section of temporary asphalt sidewalk at the westerly end of the project adjacent to Naples Street and replace with permanent concrete sidewalk. Remove and replace existing driveways and damaged sections of concrete improvements and replace with standard concrete curb, gutter and sidewalk to the satisfaction of the City Engineer. 30. Grant an access and maintenance easement for the purpose of maintaining the public sewer system over the entire width of the private streets on the final map. 31. Grant public drainage easements over the existing storm drain facilities on the final map. Said easements shall be a minimum width of 15 feet. 32. Agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision, pursuant to Section 66499.37 of the State Map Act, including adoption of the Mitigated Negative Declaration, provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. 33. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 34. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. CJY Resolution No. Page 8 35. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 36. Submit copies of the final map and improvement plan in a digital format, such as (DFX) graphic file, prior to approval of the Final Map. Provide Computer Aided Design (CAD) copy of the Final Map, based on accurate coordinate geometry calculations, and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on a 3-1/2-inch HD floppy disk, prior to the approval of the Final Map. 37. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Plannin!::r 38. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 39. The Final Map shall be prepared by a licensed civil engineer, and shall incorporate all the conditions of approval and be completed to the satisfaction of the Director of Planning and Building. 40. Prior to any use of the project site or issuance of any building permits, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 41. Prior to issuance of building permits, a lighting plan shall be submitted to the City of Chula Vista Police Department Crime Prevention Unit and the Planning Division for review and approval. 42. Prior to issuance of building permits, school fees shall be paid to Chula Vista Elementary School District and annex to Community Facilities District (CFD) NO.1 O. 43. Ensure with all utilities that the location of all existing utility facilities will be protected in place prior to commencement of grading. All utilities shall be underground within the subdivision. 44. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to Chapter 17.10 of the Chula Vista Municipal Code. 45. All building plans must comply with 2001 energy requirements, 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical Code. 46. Future development of the site shall comply with conditions of approval of DRC-01-41 . 47. Prior to issuance of any certificates of occupancy, all improvements shall be installed, including, but not limited to: streets, sidewalks, utilities, walls/fencing, landscaping, and common open space amenities. d,') Resolution No. Page 9 48. Approval of this Tentative Subdivision Map shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in affect at the time of building permit issuance. 49. The subsequent development of a multi-family lot, which does not require the filing of a final map, shall meet, prior to issuance of a building permit for that lot, all of the conditions of approval of the tentative map, which shall be completed to the satisfaction of the City. 50. Developer agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 51. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the tentative map conditions where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this tentative map and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 52. Approval of the Country Club Villas Tentative Subdivision Map (PCS-01-10) is contingent upon approval of the Country Club Villas General Plan Amendment (GPA-01- 04) and Rezone (PCZ-01-02). V EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. _' Signature of Property Owner Date ,;)~ Resolution No. Page 10 VI. CONSEQUENCE OF FAILURE OF CONDITIONS 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. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. 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 anyone 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. Presented by: Approved as to form by: Robert A. Leiter Director of Planning & Building John M. Kaheny City Attorney 027 ~\~\ ~ '. , ~ \~ ~------- "~ . ------~ .~ '~~// \~ ~/ 'v- ~'" -s. '~\ ,/', r \ ._______---- \ iP \. '. \ - n ' ~. ", , o ______ " "'~' \~..~ . ~- ~ \~, \ "'~/.\~. '\ '------------,op ',~' '\ , \...... \ -------- ", \ '" -_/ ,~"'.------ '.... --- 'f' \ . ---------' \ .___---- ~\% \ ~.. \ \.....~' \ \.----~'.,. \ ~\ ",~' ....' /~ "\~' \ \ \ r:::~r}? \~~~UB. CEN1ER ~ ~ '. ~ --- ,/ ~ --- . \----------------- ~~ / /~ /.- ........... / / ." /, / ", . , , \\'" '''.. .'-...... ...~ '. \ ...---'" ' \.----- \ , ',------- , ,~ c# ~....-----;- ~ \ ' , \ t , \ . , i ~,. i ,~ " ,\ \ --" i~\, , \~\ 7 ~\~ ELEVEN r'"' ~~ ~~\. "" \.---~\ / &y~_\~-==-\~ \e:: /// . //\ \::::=-~\ . // ~' ~------/---------\~\ %,~~~FAMnX/, '.~ ~_ ~ ~_______/'-------\ ~" ~ '_______ DWELLING ~\ .~ ~___~ ~,~. -,,' SINGLE FAMILY ~/ ~ ~~ '" , \ ~/o...~ \ ~ DWELLING ..l. ._____~ __ ~"" ,/"SINGLEFAMILY..--\\~, / ~\" "', \ \- /\~~::\'(:::~\~\/-:::::/\ .:~ .. ------\ '~" '~" ~\ ---------, , ~, ----- \~\ -;0 '~.~, '_________ ~ '~\~\ ~/~ \,~~ \~-----"'/~ ".. ~ ,------ ./ ~~' ,/ ------------- C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ELM CON LTD PROJECT DESCRIPTION: C) APPLICANT: TENTATIVE SUBDIVISION MAP PROJECT 865 AMENA COURT Request: Site Plan and architectural fol'" 22 single ADDRESS: family detached condo units with detached gal'"age, private stl'"eet, common .-ec al'"ea and 58 par1<:ing SCALE: FILE NUMBER: spaces. NORTH No Scale PCS-01-10 Related Cases; IS-01-39, GPA-01-04, PCZ-01-02 DRC 01-40 <9..J EXHffiIT A Appendix B THE CIT't JF CHULA VISTA DISCLOSURE STAl t:MENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. )A-fv'\t;: <:; 5. Fl M.Dr<{; Sic! \NiI__SON W\ll"~fY\ GIGI3S 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ,)1> (YI i= 5,5 EL."",,,~ ST'.I WI L-So,J 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. DON f}AKE..R.. DISC; SIfl.Vf;YINC RD 1], ,oJ F'1<..Pr-!I,U t.J.. DE,(/ (-,,.)b'j"L 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No K If yes, state which Councilmember(s): Date: I(:"''? /0' / (NOTE: A TTACH ADDITIONAL PAGES A SA ~EC; S-, E /... /V\.() wE" Print or type name of contractor/applicant * Person is defined as: "Any individual, firm. co-partnership, joint venture, association, social club, freaterna/ organization. corporation, estate, trust, receiver, syndicate, this and any other county, dr:.' and counrry..'. city municipality. district, or other political subdivision, or any other group or combination acting as Q unit. .. (2;L., A TT ACHMENT 7 Mitigated Negative Declaration PROJECT NAME: Country Club Villas PROJECT LOCATION: 25 Naples Avenue ASSESSOR'S PARCEL NO.: 619-100-29/30 PROJECT APPLICANT: Elmcon LTD. CASE NO.: IS-01-39 DATE: August 8, 200 I (Re-circulated) A. Proiect Setting The 2.25-acre project site is located on the north side of Naples Street west of Hilltop Drive, west of Interstate 805 (Exhibit A ~ Locator Map). The site is currently occupied by a vacant, fire-damaged commercial center. This center is adjacent to an active shopping center to the east and is enclosed with security fencing. The surrounding area is fully developed with the followingland uses: North Northwest South East West Land Uses Single-Family Residential Apartment Residential Single-Family Residential Single-Family Residential Golf Course/S ingle- Family Zoning RI R3PI4 RI RI RI B. Project Description The proposed project includes a rezone from CN (Neighborhood Commercial) to R3 (Apartment Residential) Zone, a General Plan Amendment to re-designate the site from CR (Retail Commercial) to RMH (11-18 du/gross acre), a Tentative Subdivision Map and Design Review for the condominium development of 23 lots; 22 residential lots (condominiums) and I common area lot. The proposed 22-unit condominium project consists of common areas, sand tot-lot, private drive, 6-foot high private wooden fences separating the individual lots, a two-car garage for each unit and 14 guest parking spaces totaling 58 parking spaces. The project is proposed in two phases of 1 I units each. Floor Plan 1, (15 units) will be 1,764 square feet with a 444 square-foot, two-car garage. Floor Plan 2 (7 units) will be 1,478 square fcet, with a 430 square-foot, two,car garage. The proposed lot sizes range from 2,052 square foot to 3,902 squarc foot. The internal circulation design and driveway access has been designed to meet the Chula Vista Fire Department requirement of 24-foot width. The site is surrounded by existing security fencing and an existing 8-foot high retaining wall section on the northwest corner. The proposed project includes various types of interior fencing and 2- to 4,foot high retaining walls, including a 6-foot high decorative masonry-zoning wall, serving as an acoustical wall, bctween the commercial parcel along I ?IJ ATTACHMENTS the east property line continuing along the front of the project. Development of the site will require limited grading. All utilities and service systems will be provided to each lot. C. Compliance with Zoning and Plans Applications are currently being processed for amendments to the General Plan from CR (Retail Commercial) to RMH Residential (Medium-Highlll-18 dwelling units per gross acre) and to rezone from CN (Neighborhood Commercial) to the R3 (Apartment Residential) Zone. A tentative map has been submitted for the 22-unit condominium development. Upon approval of these amendments, the project proposal will be consistent with the Zoning Ordinance, General Plan designation and environmental plans or policies. D. Public Comments On May 7, 200 I Notice of Initial Study was circulated to property owners within 500- foot radius ofthe proposed project site. The public comment period ended May 21, 2001. One written comment was received from a property owner. The comment was regarding traffic circulation. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist fonn) determined that the proposed mitigation measures would reduce the project impacts to a less than significant level, and the preparation of an Environmental Impact Report would not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 1. Air Quality & Hazards Potential Impacts Associated with Asbestos During Demolition Phase The proposed project includes the demolition of a fire-damaged commercial shopping center. The demolition of these buildings may result in the release of hazardous materials such as asbestos. In order to mitigate potential impacts to a level below significance the existing structures will be examined for the presence of asbestos prior to dcmolition. Prior to demolition of the existing buildings, the applicant shall be required to contract with a certified consultant by the State of California to conduct asbestos assessments and supervise the removal of asbestos if it is found on-site. The applicant will adhere to all State and local regulations. The applicant shall be responsible for obtaining all the required penn its from all affected state and local regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process to the Planning and Building Department prior to obtaining a bnilding penn it. 2 3/ 2. Noise Potcntial Impacts Associated with Noise During Construction Phase The proposed project includes the development of 22 condominium units. According to the Acoustical Analysis prepared by Dr. Leslie E. Penzes of Dr. Penzes & Associates, The applicant will be required to mitigate the noise impacts through design layout, building materials, external walls, window treatments, exterior hardwood doors, and installation of a masonry sound wall at the property line between the east side of the site and the parking lot of the adjacent shopping center and continue westerly along the entire front property line of the project site facing Naples Street, refer to (Exhibit B). F. Mitigation Necessary to Avoid Significant Impacts Specific project mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a level below significance. The mitigation measures will be made a condition of approval and shall be incorporated in the approved Mitigation Monitoring and Reporting Program (Attachment "A"). Air Quality & Hazards Asbestos Related Impacts During Demolition Phase I. Prior to demolition of the existing buildings, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the proper removal and disposal of this element, if detected. The applicant shall be responsible for obtaining all the required penn its from all affected state and local regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process to the Planning and Building Department prior to obtaining a building penn it. Noise Noise Related Impacts (Internal and External) During Construction Phase I. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any location inside of the rooms of the dwellings, all the windows and exterior doors Illust be closed. Due to the restriction of closed windows, forced ventilation is required. This shall be established by the installation of fans or an Air Conditioning System (HV AC). 2. The installation of fans or an HV AC system shall be constructed to ensure that the ducts for the outside air supply and the exhaust be placed at two right angles. Two air exchanges over the course of one hour are required along with a 20% volume 3 ~~ change per hour, which must be taken from the outdoors per Uniform Building Code (UBC) requirements. The ducts for the outside air supply and exhaust must be placed on opposite sides of the units facing the Naples Street. Windows, French Doors, Exterior Hardwood Doors and Exterior Walls 3. All windows, French doors, and exterior hardwood doors on the first and second floors for the first and second row of units closest to Naples Street shall be designed and constructed in accordance with the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 200 I and revised on August 3, 2001. No mitigation is required for the windows, French doors and exterior hardwood doors of the rest of the dwellings, (refcr to Exhibit B). 4. The external walls of all buildings shall be designed and constructed to reduce interior noise levels in accordance with the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 2001 and revised on August 3, 2001 (refer to Exhibit B). 5. The proposed project shall incorporate required construction components such as building materials for external walls, window treatments, French doors, exterior hardwood doors etc.to mitigate the noise impacts as specified in the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 200 I and revised on August 3, 2001. Sound Walls *6. A 6-foot high sound wall shall be erected at the property line between the east side of the site and the parking lot of Country Club Shopping Center, to the east of the project site and continue westerly along the entire front property line of the project site facing Naples Street, as specified in the Acoustical Analysis prepared by Dr. Penzes and Associates, dated March 22,2001 and revised August 3,2001. The sound wall shall be constructed from concrete blocks or from masonry per the Acoustical Analysis of the Country Club Villas and revised on August 3,2001 (Exhibit B). *Revised as per the Resource Conservation Commission Meeting on July 30,2001. I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated Negative Declaration. 9:f,z'fW ) tf;,,,, ~ me, Title / , Nom, b- \J ~ Dat~/ r;/o ( Jr ~ I Date 4 33 G. Consultation 1. City of Chula Vista: Edalia Olivo-Gomez, Environmental Planning Maria C. Muett, Environmental Planning Beverly Blessent, Development Planning Kimberly Vander Bie, Deve]opment Planning Garry B. Williams, Deve]opment Planning Frank Rivera, Engineering Muna Cuthbert, Adv. Plng./Engineering Majed A]-Ghafry, Traffic Engineering Ben Herrera, Permits/Engineering Ralph Leyva, Engineering Sohaib AI-Agha, Engineering Silvester Evetovich, Engineering Carolyn Dakan, Building Division Richard Preuss, Police Crime Prcvention Ed Thomas, Fire Department Tim Ripley, Public Works Applicant's Agent: Jim Elmore/Stu Wilson 2. Documents Chula Vista General Plan (1989) Title] 9, Chula Vista Municipal Code 3. Initial Study This environmental detennination is based on the attached Initial Study, any comments received on the ]nitial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further infonnation regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 9]910. Date: 0/0/ (1 I I JV>lanning\l\1ARJAIMISC\is_OI_392neg.doc 5 3'( \~GO sp.~ t) ~ c\..u~ COU~1~ ~ (:\ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ELMCON LTD PROJECT DESCRIPTION: C) APPLICANT: INITIAL STUDY PROJECT 25 NAPLES ST Request: Site Plan and architectural for 22 single ADDRESS: family detached condo units with detached garage, private street, common ree area and 58 parking SCALE: FilE NUMBER: spaces. NORTH No Scale IS-01-39 Related Casas: DRC 01-40 GP.A-01-04 PCZ 01-02 c:hectorllocatorslis0139.cdr 4.24.01 .EKHIB IT A =ss- fl f , ! , , J i I I I ~; \ \ \ " > " :oj , i ./ !1, i ~r.!; U~";;'_.~""';'.' ~---17z1' /' \ . \' . ,~< - I Q / \,.\ II -;-_ ~,., _ r _ '<r .JJ~ ),14... ,\ . ,\ r ,i,: ~\I' '~r '= ~:~ "." :~C"7 r -"~'I- ,~'" '\ ~\J!I - ~I 0.. (1. W <; \ '. .? b!" . ,1 .' _\\ .\ ; ~ .~ ,:::~~~,---- F '. I, .~- ill nl ZIIt g ~ z ~ 1 ~ ~ ~ j. ~ B (I z :'\ .. . " " -. :-t- -.--.------ ,11"QZ I '" ~, .. \ ~~;. .,. f' , ~_._II :-: . , .' % .:s .. '. 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II \ -- --.,.---- ~ ala IICWT.)'OWOO_ ----- ~ trt01~tIU.1 "1J1M'_~_"" :.<1';;:;-_ ,.~~il~.j o !" 'd3HmS3C f)H.alIn81YNOIS53~O\ld 1""'UO' ~_. u!I>!ueJ:I T U!qo~ 'O~ 1 NO:>W13 If"?:~.? I' r 1,1 . U ~ ~ ~ I i"\ ~ 4----,1' C'" .:--,-1 ~}'.~ ';' ,..:;:,=., ,rl ".~ '""7-";~// 0 \ c! I \, $ \. i ~~ .. ~ -I 5>1 ,', ~], ~ ""I ~I "! ......... Vf ,,17;6[" /10/,9"/ I I ... , I ~ ! I ....:~; " ~~, I 1/':7',6fi ------ ! III I ; , g(7Lt' J . .0 _'J{. ; z :5 c.. " a: " 0 . 0 " ...J C. u.. .... '" ... ,- " " " CL z :5 c.. a: o o ...J u.. c z '" , - Case No.IS-Ol-39 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: Elmcon LTD. 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 9]910 3. Address and Phone Number of Proponent: 25 Naples Street Chula Vista, CA 919]0 4. Name of Proposal: Country Club Villas 5. Date of Checklist: August 8, 200 I (Recirculated) Potentially Significant Impact Potentially Significant Unless Mitigated LessthalJ Significant Impact N, Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o 1<1 o b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low, income or minority community)? o o o 1<1 o o o 1<1 o o o 1<1 Comments: The project setting is 2.25-acres in the western portion of the city. The project proposal, 22 condominium units, is located in the CN Zone (Neighborhood Commercial) and within the CR (Commercial Retail) General Plan Designation. The site is surrounded to the north, south and west by single-family residences, and apartments, and to the east by a commercial center. A fire-damaged commercial retail center currently exists on the project site. The proposed project includes a tentative map for individual condominium lots, a rezone from CN (Neighborhood Commercial) to R3 (Multiple Family Residential) Zone, a General Plan Amendment from CR to RMH (Medium to High111-18 dwelling units per gross acre) designation and design review. The project proposal will include the excavation of approximately 2,200 cubic yards, 3,300 cubic yards for embankment and 1,200 cubic yards of import. Upon approval of the tentative map, General Plan Amendment and rezone, the project will be consistent with the R3 (Multiple Family Residential) zoning designation, RMH (Medium High Residential) General Plan designation, and the City's environmental plans and policies. The proposed increased densities in this neighborhood are anticipated to be compatible based upon their orientation Page - 1 t(~ and location. The proposed reduction in available retail acreage in this primarily residential neighborhood would not result in a conflict with the goals and policies of the General Plan. The use and occupancy of the site by multiple family residential uses will not have a significant effect on the physical arrangement ofthe community. Mitigation Measures: No mitigation measures are required. II. POPULA nON AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Potentially Potentially Significant Lesslhan Significant IJnless Significant No Impact Mitigated Impact Impact 0 0 0 0 0 0 0 0 o o o o Comments: Upon approval of the General Plan Amendment and rezone, the project will be consistent with the General Plan and Zoning Ordinance. The project proposal is an infill development surrounded by existing residential development and commercial retail use and does not induce substantial population or housing growth in the area, No existing housing units would be eliminated. The project proposal will not exceed the regional or local population projections. No significant population and housing impacts would result from the development of the proposed 22-condominium lots. Mitigation Measures: No mitigation measures are required. Plltentially III. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than Significant Unless Significant No expose people to potential impacts involving: Impact Mitigated Impact Impact a) Unstable earth conditions or changes in geologic 0 0 0 0 substructures? b) Disruptions, displacements, compaction or over 0 0 0 0 covering of the soil? c) Change in topography or ground surface relief 0 0 0 0 features? d) The destruction, covering or modification of any 0 0 0 0 unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 0 either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 0 sands, or changes in siltation, deposition or erosion which may modify the channel of a river Page - 2 V3 g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The project site has already been disturbed with the existing commercial center and no known geophysical constraints presently exist on site. The proposed project will not expose people to any additional geologic or earth hazards. or stream or the bed of the ocean or any bay inlet or lake? Mitigation Measures: No mitigation measures will be required. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? j) Substantial reduction in the amount of water otherwise available for public water supplies? o o o IS! Potentially Potentially Significant less than Significant Vnles! Significant No Impact Mitigated Impact Impact 0 0 0 IS! 0 0 0 IS! 0 0 0 IS! o o o IS! o o o IS! o o o IS! 0 0 0 IS! 0 0 0 IS! 0 0 0 IS! 0 0 0 IS! Comments: A "Preliminary Drainage Study" by DGB Survey & Mapping dated March 26, 2001 prepared for the project states that under the existing conditions (building, concrete slab and paved parking) the runoff generated from the site during a 50-year storm is 7.09 cfs (cubic feet per second). Presently, approximately 95 percent of the project site is developed with the existing commercial center and paved parking area. The project site currently drains to Naples Street and existing runoff is conveyed through an existing curb inlet near the southwcst corner of the property. Page - 3 Vi The anticipated runoff generated from the proposed project will drain to the proposed catch basins connected to the existing drainage facility. Drainage from the site would not impact surface water in the surrounding water areas. This preliminary study indicates that there will be no significant change in existing drainage pattern and overall the proposed development will decrease the drainage run-off by approximately 30 percent. As a standard Engineering Department condition of approval, the proposed project will be subject to the requirements of the Clean Water Act and the Regiona] Water Quality Control Board, National Pollutant Discharge Elimination Systems (NPDES). The applicant is required to implement the Best Management Practices to prevent pollution of storm drain facilities during and after construction. A standard Engineering Department condition of approval requires drainage improvements be included in the first submittal of grading/improvement plans that defines the method used to convey on-site surface water. No significant impacts are anticipated to result from development of this project. e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The project proposal is consistent with the City ofChula Vista General Plan Air Quality Element and would not substantially affect local or regional air quality. The project would generate an additional 200 average daily trips, would not substantially affect regional air quality. The project would not alter air movements, humidity, or climatic temperature. The residential project would not create objectionable odors or expose sensitive receptors to pollutants. Mitigation Measures: No mitigation measures will be required. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air qnality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact D D D 0 D D 0 D D D D 0 D D D o D D D o Construction of the condominium project would result in negligible short-tenn construction and grading emissions. Fugitive dust would also be created due to clearing, earth movement, and travel on unpaved surfaces. Air quality impacts resulting trom construction related emissions are considered short-term in duration since construction is a relatively short-term, one-time activity. Dust control during grading operations would be related in accordance with the rules and regulations of the San Diego Air Pollution Control District (APCD). The proposed project includes the demolition of the fire-damaged commercial building, concrete pad and asphalt parking lot. The demolition ofthese buildings may result in the release of hazardous materials such as asbestos. ]n order to mitigate potential impacts to a level below significance, the existing structures will be examined for the presence of asbestos prior to demolition. The applicant P<lge - 4 V')' will be required to contract with a consultant certified by the State of California to conduct asbestos assessments and supervise the proper removal of this element if it is found on-site. The applicant will adhere to all State and local regulations. These regulations require that a penn it be obtained and the proper procedures followed in the removal of asbestos. The mitigation measures would reduce air quality impacts to a less than significant level. Mitigation Measure: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially VI. TRANSPORT ATION/CIRCULA TION. Would Potentially Significant Less than the proposal result in: Significant Unleu Significant No Impact Mitigated Impact Impact a) Increased vehicle trips or traffic congestion? 0 0 0 ~ . b) Hazards to safety from design features (e.g., 0 0 0 ~ sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? c) Inadequate emergency access or access to 0 0 0 ~ nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 ~ e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 ~ f) Conflicts with adopted policies supporting 0 0 0 ~ alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 ~ h) A "large project" under the Congestion 0 0 0 ~ Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The proposed 22-unit condominium project would have a minimal effect on traffic patterns and volumes on the adjacent streets, Naples Street provides the primary access to the project. The trip generation rate per units is eight (8) average daily trips (ADT) per day for a total of 200 additional (ADT). Presently, Naples Street is operating at a Level of Service (LOS) "A". Project-generated traffic on Naples Street would not degrade existing levels of service. The Engineering Department has determined that the additional ADT volumes on surrounding streets would not exceed the City's Level of Service (LOS) thresholds. The project applicant will be required to install full improvements (curb, gutter, and sidewalk) along Naples Street frontage per City Engineering Standards. Fifty-eight (58) parking spaces are proposed. Twenty-two (22) spaces are enclosed in a garage and fourteen (14) will be designated for guest parking. The proposed parking would meet required City Parking Standard of two (2) spaces per unit. No hazards or barriers for pedestrians or bicyclists would be created by the proposed condominium project. Page - 5 tf{~ The project is consistent with the Circulation Element of the City's General Plan and Traffic Thresholds. No significant traffic related impacts would result. Mitigation Measures: No mitigation measures will be required. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation planning efforts? Potentially Potentially Significant Leulhan Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 !<I 0 0 0 !<I 0 0 0 !<I 0 0 0 !<I 0 0 0 !<I 0 0 0 !<I Comments: The project proposal is within a fully urbanized area. The project site is largely developed and the remaining undeveloped area contains ornamental plantings. According to the Open Space and Conservation Element of the General Plan, the project site is not located in an area of potential biological resources. The draft MSCP (Multiple Species Conservation Subarea Plan) designates this area for development. Mitigation Measures: No mitigation measures will be required. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? c) If the site is designated for mineral resource protection, will this project impact this protection? Potentially Potentially Significant Less than Significant Unless Significant Impact Mitigated Impact 0 0 0 0 0 0 0 0 0 No Impact !<I !<I Ii! Comments: The project proposal does not conflict with the recently adopted CO, Reduction Plan. The CO2 Reduction Plan encourages infill housing and increased housing density near mass transit. The infill project will provide 22 additional housing opportunities. Residents of the proposed project would be served by existing transit lines which include Route 704 along east Naples Street and Route 701 along Hilltop Drive. The proponent will provide curb, gutter, and sidewalk along the Naples Page - 6 '17 Street frontage. These improvements will aid pedestrian circulation in the project area. The proposed project is subject to compliance with Energy Requirements of the Uniform Building Code and therefore, would not result in the use of non-renewable resources in a wasteful and inefficient manner. The project is not located in an area designated for mineral resource protection according to the City's General Plan. No significant energy and mineral resources would result. Mitigation Measnres: No mitigation measures are required. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Potentially Potentially Significant Lenihan Significant Unless Significant No Impact Mitigated Impact Impacl 0 0 0 t>!J 0 0 0 t>!J 0 0 0 t>!J 0 t>!J 0 0 0 0 0 t>!J Comments: The project proposal would result in the division of one parcel into 22 parcels that would not interfere with the emergency response plan for the area. The surrounding area is developed with residential uses and commercial uses that do not include the use or storage of hazardous materials. There are no known health or fire hazard impacts from the use of the site. The proposed project includes the demolition and removal of the fire-damaged commercial center. The demolition of these buildings may result in the release of hazardous materials such as asbestos. Release of airborne asbestos fibers would result in a significant health hazard unless mitigated. Mitigation measures included (See Air Quality) would reduce impacts to less than significant. Mitigation Measures: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially X. NOISE. Would the propusal result in: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Increases in existing noise levels? D D D 181 b) Exposure of people to severe noise levels? D 181 D D Page - 7 Iff Comments: The project proposal includes the development of22 condominium units. According to the Acoustical Analysis prepared by Dr. Leslie E. Penzes of Dr. Penzes and Associates, nine units will require mitigation measures to reduce potential noise impacts to a level below significance in accordance with the City of Chula Vista Performance Standards. Title 19 of the Chula Vista Municipal Zoning Code specifies Exterior Noise Limits of 50 dB for multiple,family residential at night (10:00 p.m. to 7:00 a.m. weekdays and 10:00 p.m. to 8:00 a.m. weekends) and 60 dB during the day (7:00 a.m. to 10:00 p.m. weekdays and 8:00 a.m. to 10:00 p.m. weekends). The condominium project will be required to comply with the adopted noise standards. According to the Acoustical Analysis, the noise contributors would include parking lot traffic and service delivery truck traffic from the adjacent commercial shopping center and the traffic noise on Naples Street. The exterior yards of the first row of dwellings along Naples Street, measured noise levels of67 dBA in CNEL. The proponent will be required to mitigate the noise levels through design layout, building materials, external walls, window treatments, exterior hardwood doors, and installation of a masonry sound wall at the property line between the east side of the site and the parking lot of the adjacent shopping center and continue westerly along the entire front property line of the project site facing Naples Street. The mitigation measures would reduce potential noise impacts to a less than significant level. Development ofthe condominiums would result in short-term noise impacts related to construction activities. In accordance with the City's Municipal Code (Section Chapter 17.24.050 - J), construction will be restricted between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m. Saturday and Sunday. According to the Engineering Department, noise associated with any grading operation would be regulated by conditions included in the approved grading permit. Mitigation measures would reduce potential noise impacts to a less than significant lcvel. Mitigation Measures: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially XI. PUBLIC SERVICES. Would the proposal have an Potentially Significant Less than Significant Unless Significant N, effect upon, or result in a need for new or altered Impact i\1itigaled Imp:lct Impact government services in any of the following areas: a) Fire protection? 0 0 0 0 b) Police protection? 0 0 0 0 c) Schools? 0 0 0 0 d) Maintenance of public facilities, including 0 0 0 0 roads? e) Other governmental services? 0 0 0 0 Comments: The project site is located in western Chula Vista, a fully urbanized area. According to the Police and Fire Departments, the project would not result in a significant impact to public services. The Chula Vista Elementary School District recommends annexation to the new Community Facilities District (CFD) No. 10. However, under State Law the payment of school fees minimizes the impacts to school facilities to a level below significance. Mitigation Measures: No mitigation measures will be required. Page ~ 8 y.c; Potentia1!y Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any ofthe Threshold Standards. o o o [;] Potentially Potentially Significant Less than Significant Unless Significant N. Impact Mitigated Impact Impact a) Fire/EMS 0 0 0 [;] The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. It is anticipated that the minor future development on this parcel map will meet the threshold standards as this project is in a fully urbanized area. The proposed project would comply with this Threshold Standard. Comments: According to the Fire Department, the current level of service is sufficient for the future development of the condominium units. The nearest fire station is located within 3 miles. The associated response time is 5.7 minutes. According to the Fire Department, the proponent will be required to install two fire hydrants. The proposed project is not anticipated to significantly impact the Fire/EMS Threshold Standard. Mitigation Measures: No mitigation measures will be required. PotentiaHy I'otentially Significant Less than Significant tJnless Significant N. Impacl Mitigated Impact Impact b) Police 0 0 0 [;] The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project would comply with this Threshold Standard. Comments: The Police Department indicates that the current level of police services can continue to be provided to the project area. The project area is within a fully urbanized area in western Chula Vista. No impacts to police services are anticipated. Mitigation Measures: No mitigation measures will be required. Potentially Significant Impact Potentially Significant Unless ~1itigatcd Less than Significant Impact N. Impact Page - 9 5-0 c) Traffic o o o o I. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "D" can occur for no more than any two hours of the day. 2. West ofl-80S: Those signalized intersections that do not meet the standard above may continue to operate at their current 199 I LOS, but shall not worsen. Comments: The proposed project will not have a significant impact to the Traffic Threshold Standard. The primary access road to the project site is Naples Street. There will be approximately 200 new Average Daily Trips (ADT) generated by the project per day. According to the Engineering Department, the ADT volumes on the primary access road, Naples Street, before and upon project completion will not exceed the City's LOS thresholds along adjacent street segments. Mitigation Measures: No mitigation measures will be required. Potentially Potentially Significant I.essthan Significant Unless Significant No Impact Mitigated Impact Impact d) Parks/Recreation 0 0 0 0 The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east of Interstate 805 (1-805), Comments: The proposed project is located west of 1,805, therefore, the Parks and Recreation Threshold does not apply. Park pad obligation will be required per City Ordinance (refer to Municipal Code Chapter 17.10). No significant impact to parks and recreation is anticipated. Mitigation Measures: No mitigation measures are required. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact e) Drainage 0 0 0 0 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan (s) and City Engineering Page - 10 ')/ Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed project will not exceed City Engineering standards for storm water flows or volumes. The proponent proposes a 12-inch PYC storm drain across the existing lO-foot drainage easement which will run into a catch basin on the north east side of the property. An existing IS-foot drainage easement along the lower southern section of the project site will collect water that drains onto Naples Street. According to the Engineering Department, drainage facilities will be incorporated into the final project design upon first submittal of grading and improvement plans. The Engineering Division will require the applicant to obtain a construction permit to perform any work within the City's right,of- way or public easements. No significant drainage or storm water impacts would result from the proposed project. Mitigation Measures: No mitigation measures are required. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact f) Sewer 0 0 0 r;<J The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The City Engineering Department has determined that the existing 12-inch sewer main under Naples Street and Hilltop Drive are adequate to serve the future development on the project site. In accordance with Engineering requirements, the proponent proposes the onsite sewer mains to be publicly maintained. As a standard Engineering condition, the minimum pipe size for public sewer lines is 8-inches and the sewer main system will be required to provide sufficient access for City maintenance vehicles to all manholes. No significant sewer impacts would result from the project proposal. Mitigation Measures: No mitigation measures are required. Potentially Potentially Significant Lesslhan Significant Unless Significant No Impact Mitigated Impact Impact g) Water 0 0 0 r;<J The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Page - 11 s-~ Applicants may also be required to participate in whatever water conservation or fee off-set program the City ofChula Vista has in effect at the time of building permit issuance. Comments: The proposed project is located in western Chula Vista serviceable by existing storage, treatment and transmission facilities. According to the Sweetwater Authority, a six-inch water main is located on the south side of Naples Street adjacent to the site. Adequate fire flow is available to serve the project site as required by the Chula Vista Fire Department. No significant water impacts would result from the proposed project. Mitigation Measures: No mitigation measures are required. Potentially XIII. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant Less than Significant Unless Significant No the proposal result in a needfor new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 181 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or distribution 0 0 0 181 facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? 0 0 0 181 f) Solid waste disposal? 0 0 0 181 Comments: The project site is located in western Chula Vista, a fully urbanized area. In accordance with Engineering requirements, the sewer system within the condominium development shall be made public. The existing 12-inch sewer main that runs along Naples Street and Hilltop Drive is adequate to handle solid and liquid (sewer) waste that will be generated by the proposed project. According to reviewing agencies, the other existing public service facilities are adequate to serve the project. No significant impacts to utilities and service systems are anticipated from the proposed project. Mitigation Measures: No mitigation measures are required. Potentially Potentially Significant Less than Significant lInless Significant No XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact a) Obstruct any scenic vista or view open to the 0 0 0 181 public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 181 Page-12 S-3 d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? o o o iii o o o iii Comments: The proposed project will not have a significant impact to the aesthetics of the surrounding area. This is an intill project within a fully urbanized area in the western portion of Chula Vista. The acoustical wall, along the east side, north retaining walls and front entrance wall treatment will be compatible with the surrounding building features. The proposed project is not located along any scenic vista or view and will not modify a scenic route. No significant aesthetic impacts will result from the proposed project. Mitigation Measures: No mitigation measures are required. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Potentially Significant Impact Potentially Significant Unless Mitigated No Impact LC5sthan Significant Impact o o iii o o o o iii o o o iii o o iii o o o iii o Comments: According to the Conservation and Open Space Element of the General Plan, the project site is not located within an area of potential cultural resources The project will include minimal grading at time of development. No significant cultural resources impacts will result from the proposed project. Mitigation Measures: No mitigation measures arc required. Page - 13 ~-y XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of pale ontological resources? Comments: The Conservation and Open Space Element of the General Plan does identify the subject site or surrounding vicinity as an area of moderate paleontological resources. The proposed project is located in a fully urbanized area and is relatively flat. During time of development, it is anticipated that minimal grading will be required. There would be no significant paleontological resource impacts on the project site because the site is already disturbed by the existing shopping center and site improvements. Mitigation Measures: No mitigation measures are required. Potentially Significant Impact Potentially Significant l1ntess Mitigated No Impact LcSSlhan Significant Impacl o o o o Potentially XVII. RECREATION. Would the proposal: Potentially Significant Less than Significant Unless Significant No Impacl Mitigated Impacl Impact a) Increase the demand for neighborhood or 0 0 0 0 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 0 c) Interfere with recreation parks & recreation 0 0 0 0 plans or programs? Comments: The proposed project is consistent with the City's General Plan Parks and Recreation Element. The project review is for an infill project on the west side of the City and does not increase the need for new parks or recreational facilities. Park pad fees would be required as per City Ordinance (refer to City Municipal Code, Chapter 17.10). Mitigation Measures: No mitigation measures are required. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declarationfor mandatory findings of significance. If an EJR is needed. this section should be completed. a) Does the project have the potential to degrade the quality ofthe environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number Page- 14 Potentially Significant Impact Potentially Significant Unless Mitigated No Impact Less than Significant Impact o o o o )) or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The project proposal is in a fully urbanized area of western Chula Vista. The surrounding area is developed with residential, commercial and recreational uses. Neither sensitive plant nor animal resources, nor historical or archae logical resources are present on the site. The proposed project will have no significant impact to the quality of the environment, reduction of habitat of wild life species or threaten the historical preservation of the area. Mitigation Measures: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Comments: The project proposal is consistent with the General Plan and the approved Draft Multiple Species Conservation Subarea Plan (MSCP) dated October 2000. The project will not negatively alter long-term, environmental goals. o o o I8J Mitigation Measures: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) o o o I8J Comments: There are no other current or foreseeable projects in the surrounding area that would contribute to cumulatively considerable impacts. This is a small infill project within a fully urbanized area of western Chula Vista and consistent with the goals and vision of the General Plan. Mitigation Measures: No mitigation measures are required. Page-IS ~h Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact d) Does the project have environmental effects, which will cause substantia] adverse effects on human beings, either directly or indirectly? o o o ~ Comments: The proposed project is in a fully urbanized area of western Chula Vista. The surrounding area is developed with residential and commercial uses. The proposed project, 22 condominium units will not create substantial adverse effects on human beings, either directly or indirectly XIX. PROJECT REVISIONS OR MITlGA nON MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: Air Quality & Hazards Asbestos Related Impacts During Demolition Phase 1. Prior to demolition of the eXlstmg buildings, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the proper removal and disposal of this element, if detected. The applicant shall be responsible for obtaining all the required permits from all affected state and local regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to proceed with this process to the Planning and Building Department prior to obtaining a building penni!. Noise Noise Related Impacts (Internal and External) During Construction Phase I. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any location inside of the rooms of the dwellings, al] the windows and exterior doors must be closed. Due to the restriction of closed windows, forced ventilation is required. This shall be established by the installation offans or an Air Conditioning System (HV AC). Page-16 57 2. The installation of fans or an HV AC system shall be constructed to ensure that the ducts for the outside air supply and the exhaust be placed at two right angles. Two air exchanges over the course of one hour are required along with a 20% volume change per hour, which must be taken from the outdoors per Unifonn Building Code (UBe) requirements. The ducts for the outside air supply and exhaust must be placed on opposite sides of the units facing the Naples Street. Windows, French Doors, Exterior Hardwood Doors and Exterior Walls 3. All windows, freuch doors, and exterior hardwood doors on the first and second floors for the first and second row of units closest to Naples Street shall be designed and constructed in accordance with the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 2001 and revised on August 3,2001. No mitigation is required for the windows, french doors and exterior hardwood doors of the rest of the dwellings, (refer to Exhibit B). 4. The external walls of all buildings shall be designed and constructed to reduce interior noise levels in accordance with the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 200land revised on August 3,2001 (refer to Exhibit B). 5. The proposed project shall incorporate required construction components such as building materials for external walls, window treatments, french doors, exterior hardwood doors etc. to mitigate the noise impacts as specified in the Acoustical Analysis of Country Club Villas prepared by Dr. Penzes and Associates, dated March 22, 200 I and revised on August 3, 2001. Sound Wall *6. A 6-foot high sound wall shall be erected at the property line between the east side of the site and the parking lot of Country Club Shopping Center, to the east of the project site and continue westerly along the entire front property line of the project site facing Naples Street, as specified in the Acoustical Analysis prepared by Dr. Fenzes and Associates, dated March 22,2001 and revised August 3, 2001. The sound walls shall be constructed from concrete blocks or from masonry per the Acoustical Analysis of the Country Club Villas and revised on August 3, 2001 (Exhibit B). 'Revised as per the Resource Conservation Commission Meeting on July 30, 2001. Page. 17 'S"'f xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) andlor Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. James Elmore Printed Name and Title of Authorized Representative of [Prferty Owner's Name ~/0/ Date gnature of Authorized Represen ative of roperty Owner's Name] Stu Wilson Printed Name and Title of Authorized Representative of [Property 0 er' N31 ] ~. Datf )'6 J I Signature f Authorized Representative of [Property Owner's Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of [Operator if different from Property Owner] Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. D Land Use and Planning D Transportation/CircuIation D Public Services Page-IS "), o Population and Housing o Biological Resources ~ Hazards o Utilities and Service Systems o Aesthetics o Cultural Resources o Geophysical o Water o Energy and Mineral Resources ~ Air Quality o Paleontological Resources ~ Noise o Mandatory Findings of Significance o Recreation XXII. DETERMINATION: On the oasis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ~ environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGA TlVE DECLARATION will be prepared. I find that the proposed project MAY havc a significant effcct on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. /. onseggl I Review Coordinator City ofChula Vista I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prcpared to provide a record ofthis detennination. glJ 10 f / [ Date H :UIOME\PLANNING\MARIA \MISC\IS-O 1- 39.chklst,doc Page - 19 CoO ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Country Club Villas. Chula Vista, IS-OI-039 This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed Country Club Villas project (IS-OI-039). The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA guidelil)es. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations, such as IS-OI-039. AB 3180 requires monitoring of potentially significant andlor significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality and Hazards; and 2. Noise. MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written fonn continning compliance with the mitigation measures specified in MND/IS-OI-039 shall be provided by the applicant to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, Mitigation Monitoring and Reporting Program, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Dcclaration, which will be implemented as part of thc project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoringlverifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column, (11:\homc\planning\naria\IS-O] -049 t\1MRP tcxl.doc) (,,( E i" j!! C ~ E E 0 u C B 'c 0 :;: C 0 ~ ~ '" 10 ~ .. 0 ~ 15. ~ E ~ "C 0 Q) u E "' '> Q) . ex: ... .. :c III I- :!i ~ C) o It: a. 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U)~ m$t)(ij-01-2 Q);Q ~'ifj'5. ~ "&~ g ~ ~:S ~ ~u; g....s 5.~Ci;g go~ "'0 ftI c: 0 '- NO tfJ C III t5 0 Q) U 15 U "ti) ...... 6Q)-cu~<(tfJ'2E2:-g U)=~-go~~tfJe~N ..c: cu <\J (1)-1:) ~-<(("}' F ~ ~2 ~.s r.:: ::::J 2 (ij Ui ..... ~ "E 'ifj ::... -g ~ <( O.!,2 ::::J gID::3t)t.::;';:Q)-g2't5g> .....aOQ)~DNtfJu;::::J<( to ~ ~ "8' e 2i :B s: g 8 r.:: <('-OQ.Q.tfJQ~u<(o ~ N v on '" 0. ...; a a '" a' "" .0 S " Q .~ ;;; ~ " ~ Ii ~ Q V " " (; i:: " '" " Q V " u ~ ~ Q '" " 0:: " -;s ~ " '" '" " .", " '" ";;: " 0:: * , ~ ! , "3 ~ ~ ~ r s ~ PLANNING COMMISSION AGENDA STATEMENT Item:~ Meeting Date: 8/22/01 ITEM TITLE: Public Hearing: PCM-01-17; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regulations within Village Five. Applicant - The Otay Ranch Company Public Hearing: PCS-OI-08; Request to approve a Revised Tentative Subdivision Map (C.V.T. 96-04B) for Village Five of the Otay Ranch SPA One Plan, Chula Vista Tract 96-04B, Applicant - The Otay Ranch Company The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan to reallocate 422 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) for Village Five and resubdivide 44.5 acres of Village Five in Otay Ranch. The proposed amendment and tentative map will create two high-density multi-family sites in Neighborhood R-30 and 122 single- family detached lots in an alley-product in Neighborhood R-39 in Village Five, The City's Environmental Review Coordinator has reviewed the Project and has detennined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01, Only minor technical changes or additions are necessary, and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01has been prepared in accordance with State CEQA Guidelines Section 15164, which was considered by the Commission as part of PCM 01-11, the McMillin Companies Village Five Core amendment to SPA One, RECOMMENDATION: That the Planning Commission adopt: . Resolution No. PCM 01-17 recommending the City Council approve an amendment to the Otay Ranch SPA One Plan, adopt the addendum to FEIR 95-01 and adopt an Ordinance to modify the SPA One Planned Community District Regulations Zoning District boundaries within Village Five. . Resolution No. PCS 01-08 recommending that the City Council approve a Revised Tentative Subdivision Map for Village Five (C.V.T. 96-04B). ! Page 2, Item Meeting Date 8/22/01 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: In June of 1993, the City Council and Board of Supervisors jointly approved the Otay Ranch General Development Plan/Subregional Plan for the 23,OOO-acre Otay Ranch, The GDP authorized 1,263 single-family homes and 1,615 multi-family units for a total of 2,878 dwelling units in Village Five. In June of 1996, the City Council approved the Otay Ranch SPA One Plan for Villages One and Five based on a plan submitted by Village Development, a Baldwin Company subsidiary. Subsequent to the approval of the SPA One Plan, the McMillin Companies became an owner of portions of SPA One and processed a SPA Amendment to reduce the number of dwelling units in the Village Five Core, In 1997, both the Otay Ranch Company and the McMillin Companies processed tentative maps for their ownerships in Village Five, Neither developer utilized all of the units authorized by the SPA One Plan or the Otay Ranch GDP. Approximately 398 units authorized by the GDP and the 1996 SPA Plan were not utilized in McMillin's 1998 amendment. In 2000, the Otay Ranch Company processed a substantial conformity request to the adopted tentative map for their ownership to change the units and lot sizes in the Yellow and Red Phases of their portion of Village Five. This request further reduced the number of units in these two phases by 112 units. Besides reducing the number of units, the substantial conformity request provided a better circulation system with larger lots, Staff found the request in substantial conformity with the approved tentative map. The McMillin Companies are currently processing a SPA One amendment, concurrent with this application, to add 54 units to the mixed-use site in the Village Five core, The Otay Ranch Company's amendment takes into account those 54 units into the C-3/R-45 site, I. Site Characteristics Neighborhoods R-30 and R-39 are located in the southeastern corner of Village Five. The neighborhoods have been mass graded to create lots for development under the existing approvals, The balance of Village Five to the north and west is currently under development with single- family residences, multi-family development, parkland, community purpose facilities, an elementary school and other mixed uses. Immediately south of the Project is the future extension of Olympic Parkway. East Palomar Street and Santa Rosa Drive in Village Five are on the east side ofthe project and have been constructed. The Otay Water District's reservoir site is directly to the north of the Project. A future Residential Promenade street, San Sebastian Avenue, will be located to the north of the two neighborhoods. The future SR-125 is planned adjacent to the development to the east. Santa Rosa Drive connects to East Palomar Street to the south, Access to both Olympic Parkway and La Media Road are provided from East Palomar Street. The proposed future extension of the -2 Page 3, Item_ Meeting Date 8/22/01 light rail transit system will eventually travel through the Village Five core in the center median of East Palomar Street. 2. General Plan. Zoning and Land Use General Plan The Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. The villages have higher densities and mixed-uses in village cores, which are surrounded by single-family homes in the secondary areas. The GDP authorized 2,878 dwelling units in Village Five with 1,615 multi-family units located in the Village Five core. The secondary areas of Village Five contain 1,263 single-family homes outside of the Village Five core. Zoning The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan along with a zoning boundary map designating a zone for each neighborhood. Village Five is designed as an "urban village" (containing mixed-use multi-family housing in a village core). The SPA One Plan Zoning Districts Map for Village Five are: . Single-Family Three (SF3) . Single-Family Four (SF4) . Residential Multi-Family One (RMI) . Residential Multi-Family Two (RM2) . Community Purpose Facility (CPF) . Open SpacelParks (OSIP-I) The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RMI, respectively. Land Use Village Five is currently under construction. The McMillin portion for Village Five is basically built -out under the current SPA Plan, except for the community purpose facility and the mixed,use sites. The elementary school is under construction and due to open this fall, Cottonwood Park, the first public neighborhood park in Village Five, is completing the one-year maintenance period and should be open by late fall, The condominium projects in Neighborhood R-40 and R-46 are constructed. The Teresina Apartments in R-43 and R-44 were one of the first projects completed in the Village Five core. 3 Page 4, Item_ Meeting Date 8/22/01 The Otay Ranch Company portion of Village Five in the Pink, Yellow and Red Phases are under construction. The Pink phase off Telegraph Canyon Road and Santa Paula A venue in the Village is complete, and the Yellow phase is under construction with both single-family homes and small pedestrian parks. The Red phase (fonnerly Phase 2), containing Neighborhoods R- 30 and R-39, are vacant but have been mass graded. Neighborhood R-30 was originally approved for 145 small lot single-family homes and Neighborhood R-39 for a multi-family project of 175 units. The Substantial Confonnity request approved in 2000 provided for 93 units in Neighborhood R-30 and 180 units in R-39, 3. Proposed Plan Proposed Otay Ranch SPA One Plan Amendment The proposed amendment to the Otay Ranch SPA One Plan includes a re-allocation of 422 unused units previously authorized by the GDP for Village Five in Neighborhoods R-30 and R-39 and a Revised Tentative Subdivision Map for Village Five for these same neighborhoods, The SPA One Plan amendment proposes to change Neighborhood R-30 from a 93-unit small lot single-family project to two individual multi-family sites (R-30A and R-30B) with a total of573 apartment units, Neighborhood R-39 is proposed to change from a 180 multi-family site to a I 22-unit single-family alley product project. A breakdown of the unused units, as well as the units already designated for those two neighborhoods is summarized as follows: Existing SPA Unused SPA Units Proposed SPA Amendment Units Units Neighborhood 93 154 Units Allocated Neighborhood R-30A R-30 Single-Family 247 Multi-Family Units Units 326 Units Allocated Neighborhood R-30B 326 Multi-Family Units Neighborhood R- 180 Multi- Decrease of 58 Units Neighborhood R-39 39 Family Units 122 Single-Family Units Total Units 273 Units 422 Units 695 Units The reallocation of units to Neighborhood R-30 multi-family site will bring the multi-family unit count in Village Five to 1,605, still under the overall GDP multi-family allocation of 1,615 for Village Five, Neighborhood R-30 is proposed as two developments with a residential street, Geyserville Street, separating them and providing the second access, Access to the R-30A site can be provided from Santa Rosa Drive, San Sebastian Avenue and Geyserville Street. The alley street serving R-39 can also be used for access to the R-30A site. Access to R-30B is limited to Geyserville Street due to the entry cottage location on Santa Rosa Drive. Limited access from the alley could be provided to the R-30B site, Lj Page 5, Item_ Meeting Date 8/22/0 I SPA One Village Design Plan The amendment to the SPA Plan to re-allocate the 422 unused units will also require an amendment to the SPA One Village Design Plan (VDP). The VDP currently describes in greater detail how the design requirements for both Neighborhood R-30 and R-39 concepts are to be implemented. Neighborhood R-30 will be developed as two multi-family sites, Site design criteria for these two neighborhoods has changed from the original VDP, requiring an update to that document. Subsequent to the City Council approval of the SPA Plan amendment, the Precise Plan for the Village Five core will be taken to the Design Review Committee for their review and approval to add Neighborhood R-30 to the Village Five Core. SPA One Parks, Recreation, Open Space and Trails Plan The project proposes to delete the private pedestrian park (P-II) from the Plan. This private park was to serve the small lot single-family project and will be replaced by the common usable open space in the Neighborhood R-30 multi-family projects. The project requires additional local parkland obligation as a result of the 422 unused units now being allocated to the two neighborhoods. The additional parkland will be provided elsewhere in the Applicant's ownership in Otay Ranch. In addition to the VDP, the deletion of the private pedestrian park (P-II) requires the SPA One Parks, Recreation, Open Space and Trails Plan be amended to reflect the change. With the proposed increase in density and the reduction in parkland, the parks agreement between the Otay Ranch Company, the McMillin Companies and the City will need to be amended, City staff has prepared SPA One Plan conditions of approval as well as Tentative Map conditions, These conditions will bring the SPA One Plan and the Project up to current standards, In part, the conditions require the implementation of new standards and update the parks agreement between the City, the Otay Ranch Company and the McMillin Companies to reflect the changes in the SPA One Plan proposed by both developers. The Project also requires an additional 1.7 acres of Community Purpose Facility (CPF) land obligation. The additional CPF land will be provided elsewhere in the Applicant's ownership in Otay Ranch, SPA One Affordable Housing Plan The reallocation ofthe 422 unused units to these neighborhoods will require an amendment to the SPA One Affordable Housing Plan, The Village Five obligation of low-income units for the Applicant's ownership has increased from 55 to 76. The Applicant is providing all oftheir SPA One ownership's low-income obligation (246 units) in the Village One mixed use "Heritage Town Center" and has received an additional 98 "credits" as part of that development approval. The ------ 5 Page 6, Item Meeting Date 8/22/0 I Applicant has satisfied the SPA One obligation and will be transferring the other "credits" elsewhere in the Applicant's ownership in Otay Ranch. Proposed Otay Ranch SPA One Plan Planned Community District Regulations Amendment The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RMI, respectively, on the Zoning District map in the SPA One Planned Community District Regulations, This map needs to be amended to reflect the SPA Plan land use changes. NeighborhoodR-30 is proposed to be zoned RM-2, and the alley product in Neighborhood R-39 is proposed to remain RMI, but the boundaries are modified to reflect the Land Use Plan changes between R-30 and R-39. Revised Tentative Map The Revised Tentative Map for the portion of Village Five east of Santa Rosa proposes to subdivide approximately 44,5 acres into two multi-family lots and 121 single-family lots, four homeowner's maintenance lots, and nine open space lots, The two multi-family sites (R-30A and R-30B) will be separated by a local street, Geyserville Street, that will provide the second access to the alley product neighborhood. The Tentative Map conditions of approval for Otay Ranch Companies' portion of Village Five have been updated by staff due to the revised subdivision of the two neighborhoods in the Project. The proposed conditions update the conditions of approval for Chula Vista Tract 96-04, 4, Analysis The proposed amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five implements the approved SPA One Land Use Plan and are consistent with prior approvals including the GDP amendment approved by City Council on November 10, 1998. The GDP originally authorized 1,615 multi-family units in Village Five, The current approvals for Village Five only utilized 1,218 multi-family of those original units. The proposed multi-family site in Neighborhood R-30 is in the Village Five core and within a V. mile radius ofthe future trolley station in the Village Five core on East Palomar Street. A Residential Promenade Street, San Sebastian, and a local residential street will serve the alley product proposed for Neighborhood R - 39. All public utilities and services have been reviewed, and there is sufficient capacity within each system to support and serve the proposed amendments. The water, sewer and drainage lines that are being installed now during the Yellow phase construction are large enough to handle the increase in density in R-30, Santa Rosa and San Sebastian have sufficient traffic capacity for the increase of 422 units. While the parks planned in Village Five were based on the reduced SPA Plan amendments, the increase in density (additional obligation oflocal parkland) can be attached to the Community Park (p Page 7, Item Meeting Date 8/22/01 requirement for the village and include an increase in park fees, The GDP envisioned that each village would provide a portion roughly 2/3 of their parkland in neighborhood parks and 1/3 in Community Parks located in Village Two and 10 and the Eastern Urban Center, The new SPA conditions require the applicant to amend the existing park agreement between McMillin, Otay Ranch Company and the City to provide additional parkland in Village Two and pay fees for the balance, The private pedestrian park P-Il is deleted in the proposed amendment. This 0.8-acre area will be provided as common useable open space within the multi-family project. The Planned Community (PC) zone requires each community, or in this case a village, to provide land for Community Purpose Facilities (CPF). The ordinance requires 1.39 acres for CPF land for every 1,000 residents of the village. Since all of Village Five is basically developed and the Otay Ranch Company amendment will add residents to the village, additional CPF land (1.7 acres) will need to be provided elsewhere within their ownership in the Otay Ranch. A condition of approval requires this transfer of the CPF requirement. Since the R-30 neighborhood is within a Y. mile of the transit station, staff recommends the Village Five core be amended to include this site, The Village Five Core Master Precise Plan will need to be amended to add this property, The same pedestrian-oriented standards that have been applied to other multi-family will be applied to these two sites with ground floor units having their front doors oriented to the street with a porch or strong entry feature. Access to the apartment sites will be provided from Geyserville Street, a residential street, which will continue into the alley product project in Neighborhood R-39, The alley product proposed for Neighborhood R-39 will provide a better solution than the current plan, since multi-family traffic travels through a single-family neighborhood under the current SPA Plan. The proposed amendment will reverse this pattern by having the vehicle trips from the single- family neighborhood pass by the apartment project to get to Santa Rosa Drive. The alley product homes will help in sound attenuation from future SR -125 and Olympic Parkway by placing the alley and garages between the homes and these major transportation corridors, A community forum was held on August 9, 2001 on both the McMillin Companies and the Otay Ranch Company SPA One amendments. Notices of the forum were sent to approximately 400 residents of Village Five, At the forum, attended by approximately 30 residents, concerns were expressed on the elimination of the Village Five Core town square, the increase in the number of units in the mixed-use project and traffic along Santa Cora A venue north and south of East Palomar Street (all part ofthe McMillin application). The town square and residential units in the mixed-use project are discussed in the McMillin staff report (PCM-OI-II), Planning and Engineering Divisions will review the parking situation along Santa Cora and work to resolve residents concerns. CONCLUSION: 7 Page 8, Item_ Meeting Date 8/22/0 I Staff believes that the amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies, and recommends approval of the amendments and Revised Tentative Map subject to the SPA One Conditions of Approval (see Council Resolution No, , Exhibit 'B'), and Revised Tentative Map (C.V.T. 94-068) Conditions of Approval (see Council Resolution No. , Exhibit 'B'). Attachments 1, Locator Map 2. Revised Tentative Subdivision Map (C.V.T. 96-04B) 3. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning District Map and proposed amendments to the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; and SPA One Affordable Housing Plan. 4. Otay Ranch SPA One Amendment Planning Commission Resolution (PCM 01-17) 5. Otay Ranch SPA One Amendment Draft City Council Resolution No. 6. Otay Ranch Village Five Revised Tentative Map Planning Commission Resolution (PCS 01-08) 7. Otay Ranch Village Five Revised Tentative Map Planning Draft City Council Resolution No. 8. Disclosure Statement ',I !II i \i'\ \\ '"','U!:I j,,, f', <ii ],'i" g PLANNING COMMISSION AGENDA STATEMENT Item:~ Meeting Date: 8/22/01 ITEM TITLE: Public Hearing: PCM-01-17; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regulations within Village Five, Applicant - The Otay Ranch Company Public Hearing: PCS-OI-08; Request to approve a Revised Tentative Subdivision Map (C.V,T. 96-04B) for Village Five of the Otay Ranch SPA One Plan, Chula Vista Tract 96-04B, Applicant - The Otay Ranch Company The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan to reallocate 422 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) for Village Five and resubdivide 44.5 acres of Village Five in Otay Ranch, The proposed amendment and tentative map will create two high-density multi-family sites in Neighborhood R-30 and 122 single- family detached lots in an alley-product in Neighborhood R-39 in Village Five. The City's Environmental Review Coordinator has reviewed the Project and has detennined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-0 I. Only minor technical changes or additions are necessary, and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01has been prepared in accordance with State CEQA Guidelines Section 15164, which was considered by the Commission as part ofPCM 01-11, the McMillin Companies Village Five Core amendment to SPA One, RECOMMENDATION: That the Planning Commission adopt: . Resolution No, PCM 01-17 recommending the City Council approve an amendment to the Otay Ranch SPA One Plan, adopt the addendum to FEIR 95-0 I and adopt an Ordinance to modify the SPA One Planned Community District Regulations Zoning District boundaries within Village Five. . Resolution No. PCS 01-08 recommending that the City Council approve a Revised Tentative Subdivision Map for Village Five (C.V.T. 96-04B), I Page 2, Item_ Meeting Date 8/22/01 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: In June of 1993, the City Council and Board of Supervisors jointly approved the Otay Ranch General Development Plan/Subregional Plan for the 23,OOO-acre Otay Ranch. The GDP authorized 1,263 single-family homes and 1,615 multi-family units for a total of 2,878 dwelling units in Village Five. In June of 1996, the City Council approved the Otay Ranch SPA One Plan for Villages One and Five based on a plan submitted by Village Development, a Baldwin Company subsidiary, Subsequent to the approval of the SPA One Plan, the McMillin Companies became an owner of portions of SPA One and processed a SPA Amendment to reduce the number of dwelling units in the Village Five Core. In 1997. both the Otay Ranch Company and the McMillin Companies processed tentative maps for their ownerships in Village Five. Neither developer utilized all of the units authorized by the SPA One Plan or the Otay Ranch GDP. Approximately 398 units authorized by the GDP and the 1996 SPA Plan were not utilized in McMillin's 1998 amendment, In 2000, the Otay Ranch Company processed a substantial confonnity request to the adopted tentative map for their ownership to change the units and lot sizes in the Yellow and Red Phases oftheir portion of Village Five. This request further reduced the number of units in these two phases by 112 units. Besides reducing the number of units, the substantial confonnity request provided a better circulation system with larger lots. Staff found the request in substantial conformity with the approved tentative map. The McMillin Companies are currently processing a SPA One amendment, concurrent with this application, to add 54 units to the mixed-use site in the Village Five core, The Otay Ranch Company's amendment takes into account those 54 units into the C-3/R-45 site. 1. Site Characteristics Neighborhoods R-30 and R-39 are located in the southeastern comer of Village Five. The neighborhoods have been mass graded to create lots for development under the existing approvals. The balance of Village Five to the north and west is currently under development with single- family residences. multi-family development, parkland, community purpose facilities, an elementary school and other mixed uses, Immediately south of the Project is the future extension of Olympic Parkway, East Palomar Street and Santa Rosa Drive in Village Five are on the east side of the project and have been constructed, The Otay Water District's reservoir site is directly to the north of the Project, A future Residential Promenade street, San Sebastian Avenue, will be located to the north of the two neighborhoods. The future SR-125 is planned adjacent to the development to the east. Santa Rosa Drive connects to East Palomar Street to the south. Access to both Olympic Parkway and La Media Road are provided from East Palomar Street. The proposed future extension of the ..2 Page 3, Item_ Meeting Date 8/22/0 I light rail transit system will eventually travel through the Village Five core in the center median of East Palomar Street. 2, General Plan. Zoning and Land Use General Plan The Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit -oriented and pedestrian friendly. The villages have higher densities and mixed-uses in village cores, which are surrounded by single-family homes in the secondary areas. The GDP authorized 2.878 dwelling units in Village Five with 1.615 multi-family units located in the Village Five core. The secondary areas of Village Five contain 1,263 single-family homes outside of the Village Five core. Zoning The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan along with a zoning boundary map designating a zone for each neighborhood. Village Five is designed as an "urban villagefl (containing mixed-use multi-family housing in a village core). The SPA One Plan Zoning Districts Map for Village Five are: . Single-Family Three . Single-Family Four . Residential Multi-Family One . Residential Multi-Family Two . Community Purpose Facility . Open SpacelParks (SF3) (SF4) (RMI) (RM2) (CPF) (OSIP-I) The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RMI, respectively. Land Use Village Five is currently under construction, The McMillin portion for Village Five is basically built -out under the current SPA Plan, except for the community purpose facility and the mixed-use sites. The elementary school is under construction and due to open this fall. Cottonwood Park, the first public neighborhood park in Village Five, is completing the one-year maintenance period and should be open by late fall. The condominium projects in Neighborhood R-40 and R-46 are constructed, The Teresina Apartments in R-43 and R-44 were one of the first projects completed in the Village Five core. 3 "._._, '.__'_'__'_""_'_"___"_"m_'._",__ _____ __._...___.._________"'_,.... _._._. .._~___.._._._ Page 4, Item_ Meeting Date 8/22/0 I The Otay Ranch Company portion of Village Five in the Pink, Yellow and Red Phases are under construction, The Pink phase off Telegraph Canyon Road and Santa Paula A venue in the Village is complete, and the Yellow phase is under construction with both single-family homes and small pedestrian parks. The Red phase (formerly Phase 2), containing Neighborhoods R- 30 and R-39, are vacant but have been mass graded, Neighborhood R-30 was originally approved for 145 small lot single-family homes and Neighborhood R-39 for a multi-family project of 175 units, The Substantial Conformity request approved in 2000 provided for 93 units in Neighborhood R-30 and 180 units in R-39, 3. Proposed Plan Proposed Otay Ranch SPA One Plan Amendment The proposed amendment to the Otay Ranch SPA One Plan includes a re-allocation of 422 unused units previously authorized by the GDP for Village Five in Neighborhoods R-30 and R-39 and a Revised Tentative Subdivision Map for Village Five for these same neighborhoods. The SPA One Plan amendment proposes to change Neighborhood R-30 from a 93-unit small lot single-family project to two individual multi-family sites (R-30A and R-30B) with a total of 573 apartment units. Neighborhood R-39 is proposed to change from a 180 multi-family site to a 122-unit single-family alley product project. A breakdown of the unused units, as well as the units already designated for those two neighborhoods is summarized as follows: Existing SPA Unused SPA Units Proposed SPA Amendment Units Units Neighborhood 93 154 Units Allocated Neighborhood R-30A R-30 Single-Family 247 Multi-Family Units Units 326 Units Allocated Neighborhood R-30B 326 Multi-Family Units Neighborhood R- 180 Multi- Decrease of 58 Units Neighborhood R-39 39 Family Units 122 Single-Family Units Total Units 273 Units 422 Units 695 Units The reallocation of units to Neighborhood R-30 multi-family site will bring the multi-family unit count in Village Five to 1,605, still under the overall GDP multi-family allocation of 1,615 for Village Five, Neighborhood R-30 is proposed as two developments with a residential street, Geyserville Street, separating them and providing the second access, Access to the R-30A site can be provided from Santa Rosa Drive, San Sebastian A venue and Geyserville Street, The alley street serving R-39 can also be used for access to the R-30A site, Access to R-30B is limited to Geyserville Street due to the entry cottage location on Santa Rosa Drive, Limited access from the alley could be provided to the R-30B site, ~ Page 5, Item_ Meeting Date 8/22/0 I SPA One Village Design Plan The amendment to the SPA Plan to re-allocate the 422 unused units will also require an amendment to the SPA One Village Design Plan (YDP). The VDP currently describes in greater detail how the design requirements for both Neighborhood R-30 and R-39 concepts are to be implemented. Neighborhood R-30 will be developed as two multi-family sites, Site design criteria for these two neighborhoods has changed from the original VDP, requiring an update to that document. Subsequent to the City Council approval of the SPA Plan amendment, the Precise Plan for the Village Five core will be taken to the Design Review Committee for their review and approval to add Neighborhood R-30 to the Village Five Core. SPA One Parks, Recreation, Open Space and Trails Plan The project proposes to delete the private pedestrian park (P-II) from the Plan, This private park was to serve the small lot single-family project and will be replaced by the common usable open space in the Neighborhood R-30 multi-family projects. The project requires additional local parkland obligation as a result of the 422 unused units now being allocated to the two neighborhoods, The additional parkland will be provided elsewhere in the Applicant's ownership in Otay Ranch. In addition to the VDP, the deletion of the private pedestrian park (P-II) requires the SPA One Parks, Recreation, Open Space and Trails Plan be amended to reflect the change, With the proposed increase in density and the reduction in parkland, the parks agreement between the Otay Ranch Company, the McMillin Companies and the City will need to be amended. City staff has prepared SPA One Plan conditions of approval as well as Tentative Map conditions. These conditions will bring the SPA One Plan and the Project up to current standards, In part, the conditions require the implementation of new standards and update the parks agreement between the City, the Otay Ranch Company and the McMillin Companies to reflect the changes in the SPA One Plan proposed by both developers. The Project also requires an additional 1.7 acres of Community Purpose Facility (CPF) land obligation. The additional CPF land will be provided elsewhere in the Applicant's ownership in Otay Ranch, SPA One Affordable Housing Plan The reallocation of the 422 unused units to these neighborhoods will require an amendment to the SPA One Affordable Housing Plan. The Village Five obligation of low-income units for the Applicant's ownership has increased from 55 to 76, The Applicant is providing all of their SPA One ownership's low-income obligation (246 units) in the Village One mixed use "Heritage Town Center" and has received an additional 98 "credits" as part of that development approval. The 5 Page 6, Item_ Meeting Date 8/22/01 Applicant has satisfied the SPA One obligation and will be transferring the other "credits" elsewhere in the Applicant's ownership in Otay Ranch, Proposed Otay Ranch SPA One Plan Planned Community District Regulations Amendment The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RMl, respectively, on the Zoning District map in the SPA One Planned Community District Regulations. This map needs to be amended to reflect the SPA Plan land use changes. Neighborhood R-30 is proposed to be zoned RM-2, and the alley product in Neighborhood R-39 is proposed to remain RMl, but the boundaries are modified to reflect the Land Use Plan changes between R-30 and R-39. Revised Tentative Map The Revised Tentative Map for the portion of Village Five east of Santa Rosa proposes to subdivide approximately 44.5 acres into two multi-family lots and 121 single-family lots, four homeowner's maintenance lots, and nine open space lots, The two multi-family sites (R-30A and R-30B) will be separated by a local street, Geyserville Street, that will provide the second access to the alley product neighborhood. The Tentative Map conditions of approval for Otay Ranch Companies' portion of Village Five have been updated by staff due to the revised subdivision of the two neighborhoods in the Project. The proposed conditions update the conditions of approval fDr Chula Vista Tract 96-04, 4, Analysis The proposed amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five implements the approved SPA One Land Use Plan and are consistent with prior approvals including the GDP amendment approved by City Council on November 10, 1998, The GDP originally authorized 1,615 multi-family units in Village Five. The current approvals for Village Five only utilized 1,218 multi-family of those original units. The proposed multi-family site in Neighborhood R-30 is in the Village Five core and within a Y. mile radius of the future trolley station in the Village Five core on East Palomar Street. A Residential Promenade Street, San Sebastian, and a local residential street will serve the alley product proposed for Neighborhood R-39, All public utilities and services have been reviewed, and there is sufficient capacity within each system to support and serve the proposed amendments. The water, sewer and drainage lines that are being installed now during the Yellow phase construction are large enough to handle the increase in density in R-30. Santa Rosa and San Sebastian have sufficient traffic capacity for the increase of 422 units. While the parks planned in Village Five were based on the reduced SPA Plan amendments, the increase in density (additional obligation oflocal parkland) can be attached to the Community Park (p Page 7, Item_ Meeting Date 8/22/01 requirement for the village and include an increase in park fees. The GDP envisioned that each village would provide a portion roughly 2/3 of their parkland in neighborhoDd parks and 113 in Community Parks located in Village Two and 10 and the Eastern Urban Center. The new SPA conditions require the applicant to amend the existing park agreement between McMillin, Otay Ranch Company and the City to provide additional parkland in Village Two and pay fees for the balance. The private pedestrian park P-I I is deleted in the proposed amendment. This 0,8-acre area will be provided as common useable open space within the multi-family project, The Planned Community (PC) zone requires each community, or in this case a village, to provide land for Community Purpose Facilities (CPF), The ordinance requires 1.39 acres for CPF land for every 1,000 residents of the village. Since all of Village Five is basically developed and the Otay Ranch Company amendment will add residents to the village, additional CPF land (1.7 acres) will need to be provided elsewhere within their ownership in the Otay Ranch, A condition of approval requires this transfer of the CPF requirement. Since the R-30 neighborhood is within a v.. mile of the transit station, staff recommends the Village Five core be amended to include this site. The Village Five Core Master Precise Plan will need to be amended to add this property. The same pedestrian-oriented standards that have been applied to other multi-family will be applied to these two sites with ground floor units having their front doors oriented to the street with a porch or strong entry feature. Access to the apartment sites will be provided from Geyserville Street, a residential street, which will continue into the alley product project in Neighborhood R-39. The alley product proposed for Neighborhood R-39 will provide a better solution than the current plan, since multi-family traffic travels through a single-family neighborhood under the current SPA Plan, The proposed amendment will reverse this pattern by having the vehicle trips from the single- family neighborhood pass by the apartment project to get to Santa Rosa Drive, The alley product homes will help in sound attenuation from future SR-125 and Olympic Parkway by placing the alley and garages between the homes and these major transportation corridors. A community forum was held on August 9, 2001 on both the McMillin Companies and the Otay Ranch Company SPA One amendments, Notices of the forum were sent to approximately 400 residents of Village Five, At the forum, attended by approximately 30 residents, concerns were expressed on the elimination of the Village Five Core town square, the increase in the number of units in the mixed-use project and traffic along Santa Cora A venue north and south of East Palomar Street (all part of the McMillin application). The town square and residential units in the mixed-use project are discussed in the McMillin staff report (PCM -01- I I ). Planning and Engineering Divisions will review the parking situation along Santa Cora and work to resolve residents concerns, CONCLUSION: 7 Page 8, Item_ Meeting Date 8/22/01 Staff believes that the amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies, and recommends approval of the amendments and Revised Tentative Map subject to the SPA One Conditions of Approval (see Council ResDlution No. , Exhibit '8 '), and Revised Tentative Map (C,V.T. 94-068) Conditions of Approval (see Council Resolution No, , Exhibit '8'), Attachments 1. Locator Map 2. Revised Tentative Subdivision Map (C.V.T, 96-04B) 3. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning District Map and proposed amendments to the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; and SPA One Affordable Housing Plan. 4. Otay Ranch SPA One Amendment Planning Commission Resolution (PCM 01-17) 5, Otay Ranch SPA One Amendment Draft City Council Resolution No. 6. Otay Ranch Village Five Revised Tentative Map Planning Commission Resolution (PCS 01-08) 7. Otay Ranch Village Five Revised Tentative Map Planning Draft City Council Resolution No, 8. Disclosure Statement ( PI:\T'<i\I,\(j,Cn .-\ YR\;(II',TFNT ~ \L\f"\' I \\ :-"1l1th_Rt:\i~t:d PC ... TfRPT.dnc ~ ~ ~ - ~ YAj~EfF}),~/~~ \::', ~" of) ~~A~~)Q?J~ _.v '\ \\\\ VI/.. ~~~\. ~ \ ~~ [R"'-;1 y:- ~21 ------'-".Y ,(\\),~S fill '>-.:~ " A' \ .:. 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Fa"'ily F:&-.. </;. / / ~a'J';IJ. >'1 ,_''':: ~ I I....... ~, II!'\. t7fJ;:V.> /, / . //~I "") r-- :: CO};E7D k~;27 / / , ~ ----.J ~ S~~OM1Rsr ~ );;~~~:~. ~ ~ t mulli-family '~<<</ 'V.*'~ l' /&,c, J TTTTTTri mulli-family VISTA 0"';>; II' \\\\\\UilllliJ ~ SONRISA Q It \\'~~~'J.t"=" I~ S~~ , IT;- ~ :::FJ ~ 111 ~/ lffi-r() '<....J>- O~ ~ FUTURE OTAY RANCH VILLAGE 6 PROJECT LOCATION '\ I ~~ , / / 'Tj l::i ~ I~ ;~ ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR :~~~'&..~T OTAY PROJECTS, LP PROJECT DESCRIPTION: C) SPA PLAN AMENDMENT PROJECT Olay Ranch. SPA One ~equest: Revise SPA One and TM 96-04 to allocate ADDRESS: Village Five .2 unallocated multi-family units to neighborhOodS SCALE: FilE NUMBER M:-30a&b and R-39. NORTH No Scale PCM-01-17(b) Related Cases: PCS-01 Oar, 15-01-043 OJ ATTACHMENT #l RESOLUTION NO. PCM-01-17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTA Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, ADOPT THE ADDENDUM TO FEIR 95-01 AND ADOPT AN ORDINANCE TO MODIFY THE OTA Y RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS WITHIN VILLAGE FIVE. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No, and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village Five was filed with the City of Chula Vista Planning and Building Department on February 16,2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including the SPA One Planned Community District Regulations modifYing the SPA One Zoning District Map; SPA One Land Use Map; Village Five Land Use Map; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan, and to reflect the reallocation of 422 unused dwelling units to Neighborhoods R-30 and R-39, IDcated in south east portion ofOtay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No, 95-01, SCH #94101046 ("EIR 95-01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-0 1 has been prepared in accordance with State CEQA Guidelines Section 15164; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-OI-17) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project (0 ATTACHMENT #4 site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m, August 22,2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has detennined that the approval of an amendment to Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-Ol-l7) is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) in accordance with the findings contained in the attached City Council Resolution No, And that a copy of this resolution be transmitted to the owners of the property and the City Council. II PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary 111'1 \'''1'\(, ()I:I\ 1{:IIKh"!',\()!1~' \':; UR( \mend I'CLlkwd"..: /,2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No, and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West was filed with the City of Chula Vista Planning and Building Department on February 16,2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including the SPA One Planned Community District Regulations modifying the SPA One Zoning District Map; SPA One Land Use Map; Village Five Land Use Map; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan, and to reflect the reallocation of 422 unused dwelling units to Neighborhoods R-30 and R-39, located in the south east portion of Otay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. ] 8286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No, 95-0], SCH #94101046 ("EIR 95- 0] "), and , , WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has detennined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-0 I. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental E]R, as identified in Sections ]5162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01has been prepared in accordance with State CEQA Guidelines Section 15]64 identified as Exhibit "c" in this resolution; and, 13 ATTACHMENT # 5 Resolution No. Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of project; and, the Planning Commission approved the WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modifY the Otay Ranch SPA One Planned Community District Regulations for Village Five; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 22, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the resolution amending the Otay Ranch SPA One Plan modifYing the SPA One Plan and supporting documents (SPA One Land Use Plan; Village Five Land Use Plan; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan), identified as Exhibit "D", in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation, /v Resolution No. Page 3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95-0 I, would have no new effects that were not examined in said FEIR (Guideline 15168 (c )(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRiOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-0 I which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous report; (3) and no new infonnation of substantial importance to the Project has become available since the issuance and approval of the prior report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approved the Project as an activity that is within the scope of the project covered by the FEIR 95-01 (Guideline 15168(c)(2) and 15162(a)), V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum (Case No. IS-01-43) prepared to Otay Ranch SPA One EIR 95-01, identified as Exhibit "c" in this resolution reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One EIR 95-01. VI. INCORPORATION OF ALL MITIGATION MEASURES AND AL TERNA TlVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program EIR 90-01, and 0tay Ranch SPA One EIR 95-01. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95- o I adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)), IS-- Resolution No. Page 4 VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A THE PROPOSED SPA ONE PLAN AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN, The Otay Ranch Sectional Planning Area (SPA) Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, B. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA, The SPA One Plan Amendments contain provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One, The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties, The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR 95-01), IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. 1ft; Resolution No. Page 5 x. APPROVAL OF OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE AMENDMENT The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregDing 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, revoke or further condition issuance of all future building permits 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. XII. 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 17 Resolution No, Page 6 Presented by Robert Leiter Planning and Building Director /5' ,.-....-,....--. Approved as to form by John M, Kaheny City Attorney '-", "..--... - --,._-~--.__.....__.,- ~_._-----_._. ~ ~ \ 'Y"/:'Ll f- ~ YA f1)~:.t/ ~ ~ ~ I-- -----" ~"')~ ~R'J7~~ .J.-:-.,,~. :;;;;-" of) ~ rlL ~~ iv;" ~~ ~~ ~f{R'~~~ _ ~ ,\\i\~~\.' 1/1/ '>'~ 8A l~..../' ~o.-\ ...,.. .)R']~ IT.L1.1ll1Y\ ~\.)<V r'\ I/..../' A \~;3I.--R'~ :t~~\~~X& Ip"o];; I ~ ~\ ~\. ~'m ~ ~ fID..rcn. I h ~ ~ ~\ t-' ~\I< <Yr< ~'L_h I ~"' \\' (>(.,;J. f-\""\Y ~\' ~ R.J2 ~ V Y\ DJ- ~ (>; .1\\\ S,\\ \ \ \ \.)M'\ ~ c ?!JjI . ~~~~\\ ??~Q~~~ ~'~~ ~~ _ ----=:::: I; ~ ~ ~~ ~'~~ (\" uo~ ~ ,\ ,~' ~ . ~~ 1);~~Y'1\'\ PUBLlC/QUASI.PUBLIC ,~ K ~ . ~ 1I!1!f.Jf not a part I~ : ~ ~ ~~\pfi;s..gl<Fam'r':: .l11J , \::: 2 X<I\~ MCMILLIN m8;~ / . //<, /; ;/r/ J:: ~ I ~ :-;:: ELEMENTARY ME-=", ' ,1 ~:.'. .'.'"/ / Single . . . /.i "\.- ; /~ SCHOOL Singldam,'''.~ . / /'/~~~ / // ~aJ"r, '/j ~.::j_~ _ ~ 111 ~:"./}"l.." . /./ / '/ /.' "" con;:~,';:~ooo -- r/ /)'~'-f1"J; . . r-- EA ~"bI'< . MultI> ---........ j STI'6.b.oMAn ;; Fam.ily \ ~ ~ f--.J= ST ///// ~ ~ multi:fami/y ~ r------:. <<<"/ ~<"I.,G ~~ ~ I,) multi:family VISTA ,..."')') 11111\ SONRISA ,v. Ij~ \\\,~~~~ PROJECt ~@JljjjjjjD~ OT~=CH LOCATION I ~ -.,))/ / VILLAGE 6 "T 1= d \=IT j!!fJ ~~' f J.l.Jh- "'- 1> a"'-l.l.L1.?-:" \ ~ 1 ~~ , / / .,., Ie:: ~ I~ I~ r ~ CHUlA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECTS LP PROJECT DESCRIPTION' C) APPUCAN~ ' . SPA PLAN AMENDMENT PROJECT Otay Ranch, SPA One ~~quest: Revise SPA One and TM 96-04 to allocate ADDRESS: Village Five . unallocated multi-family units to neighborhOodS SCALE: FilE NUMBER: r=t-30a&b and R-39. NORTH No Scale PCM-01-17(b) Related Cases: PCS-01-06r, 15-01-043 /'7 Exhibit "B" Otay Ranch Sectional Planning Area One CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and CDde requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City, Where fee title-is granted or dedicated to the City, said fee title shall be !Tee and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERALIPRELIMINARY 1. 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 purposes of this document the term "Developer" shall also mean "Applicant". 2, The Applicant shall comply with all requirements and guidelines of the City ofChula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended !Tom 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. 3. Ifany of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, 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 pennits, 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 or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to 1 c;2J) any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4, Applicant shall indemnifY, protect, defend and hold the City hannless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. :\flY and all agreements that the Applicant is required to enter in hereunder, shall be in a fonn approved by the City Attorney. 7. The tenns, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No, 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. H :\PLANNINGlOtaL Ranch\ V5 _Revised JM _ Phase2A&5 _ Cond.doc 8/6/01 9:57 AM 2 c>2I ADDENDUM TO OTAY Ro\NCH SECTIONAL PLANNING AREA (SPA) I AND ANNEXATION FINAL SECOND -TIER ENVIRONMENTAL IMPACT REPORT- EIR-95-01 PROJECT NAME: Otay Ranch SPA I Village 5 Mixed Use Core Amendment (Parce]s R-45IC-3, & P-8); and Village 5 - Red Phase Amendment (Parcels R-30 and R-39). PROJECT LOCATION: Otay Ranch, SPA I, Village 5 Core. Southeast corner of Palomar Street and the west leg of Santa Cora Avenue; Otay Ranch, SPA I, Village 5 - Red Phase. Southeast corner of East Palomar and Santa Rosa Drive. PROJECT APPLICANT: McMillin Otay Ranch, LLC; The Otay Project, LP CASE NO.: IS,OI -35 and IS-01-43 DATE: July 20, 2001 I. INTRODUCTION The purpose of this Addendum is to discuss minor changes in the arrangement of multi- family residential densities within the Village Five Core of the Otay Ranch Sectional Planning Area One Plan ("SPA One Plan"). As the lead agency for the Project under the California Environmental Quality Act ("CEQA") (Pub, Resources Code, 9 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an environmental analysis (Final Second Tier EIR 95-01) of the SPA One Plan, Final EIR 95-01 ("Final EIR") contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the SPA One project, including Villages One and Five of Otay Ranch. The Fina] EIR was certified and the SPA One Plan was approved by the City Council in 1996. The Final ErR considered the environmental impacts associated with development of a total of 2.878 dwelling units in Village 5 of SPA One. Subsequent SPA One Plan amendments and actual residential development did not utilize (develop) 532 residential dwelling units approved under the original SPA One Plan. The proposed amendments would reallocate 476 of those unutilized dwelling units to Neighborhoods R-45/C-3 (54 units), and R,30 and R-39 (422 units). The total unit count would not exceed the number of units analyzed in the Final EIR. The net effect of the proposed amendments to the SPA One Plan would be a minor shift in the arrangement and distribution of multi-family units within Village Five. Table 1, Dlay Ranch Village Five Land Use Comparison ~J- provides a summ'ary of the proposed changes to unit types and locations within Village Five. The changes proposed with this amendment are identified with shading, II. CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency's responsibilities in handling new infonnation that was not included in a project's final environmental impact report (EIR). Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the City detennines. on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantia] increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New infonnation of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete or negative declaration adopted shows any ofthe following: (A) The project will have one or more significant effects not discussed in the [Final] EIR; (B) Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, g 15163, subd. (a).) "J...3, Page 2 TABLE 1-0TAY RANCH VILLAGE FIVE LAND USE COMPARISON Neighborhood GDP Original SPA SPA Substantial Sub Cont. vs. Final Proposed 10/2811993 06/0411996 2/16/99 Conformance 2/16/99 SPA Maps' SPA Amend.3 R-22 108 MF N/A N/A 86 86 R-23 104 87 N/A N/A 87 87 R-24 104 138 N/A N/A 138 138 R-25 73 73 56 -17 56 56 R-26 78 78 63 -15 63 63 R-27 58 58 69 11 69 69 R-28 82 82 73 -9 73 73 R-30 145 145 93 -52 MF MF R-31 83 83 85 2 85 85 R-32 113 113 118 5 118 118 R-33 55 55 42 -13 42 42 R-34 40 40 35 -5 35 35 R.35 40 40 36 -4 36 36 R,36 69 69 62 -7 62 62 R-37 66 66 60 -6 60 60 R-38 45 45 43 -2 43 43 R-41 MF 90 N/A N/A 90 90 R-42 MF MF N/A N/A 74 74 Subtotal SF 1,263 1.263 1,262 835 -112 1,217 1.217 R-22 SF 86 N/A R.29 90 90 83 83 83 R-30a~ Sf SF '. 247 R-30b' Sf SF 326 R-39' 175 182 180 122 R-40 204 201 N/A 198 198 R-41 127 SF NJA SF SF R-425 241 74 N/A SF SF R_435 175 240 NJA 240 240 R_445 261 210 N/A 200 200 R-45 (Mixed Use)" 165 18 N/A 72 R-46' 177 117 N/A 117 117 Subtotal MF 1,615 1,615 1,218 263 838 1,605 Total Residential 2,878 2,878 2,480 1,098 2,055 2,822 Notes: Final Map information provided by City of Chula Vista. 2 Neighborhoods R~30a. R-30b and R-39 are the subject of the revised Village 5 Tentative Map. 3 Proposed SPA Amendment reflects substantial conformity, final maps, and moving R-22 and R-42 units from MF to SF to correct typo in 2/16/99 document. , 2/16/99 SPA reflects 1998 McMillin Amendment. 5 Proposed SPA Amendment includes McMillin Village Core Amendment (2001). r:::J'/ Page 3 Thus the Citv must consider under the standards articulated above whether there will be , . previously undisclosed significant environmental impacts or a substantial increase in the severity ofpreviousJy disclosed impacts. (CEQA Guidelines, gg15162, 15163 subd, (a).) As the discussion below demonstrates, the proposed SPA One Plan amendments wilJ result in no new impacts, or no more severe impacts, than any that were disclosed in the Final EIR. Therefore, it is appropriate for the City to prepare an Addendum pursuant to CEQA Guidelines, g 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to g 15162," and that the explanation needs to be supported by substantial evidence, (CEQA Guidelines, g .15164, subd. (e).), The addendum need not be circulated for public review, but may simply be anached to the Final EIR. (Ibid; CEQA Guidelines, g 15164, subd. (c)), In accordance with Section 15164 of the CEQA Guidelines, the City has prepared the folJowing Addendum to Final EIR-95-01. III. PROJECT SETTING The proposed project is located within the Otay Ranch General Development Plan (GDP) area located east of Interstate 805 (I-80S) in the City of Chula Vista. More specifically, the proposed amendment areas are within the SPA One Plan area which is comprised of Villages One, One West and Five. The proposed amendment areas are both located within the VilJage Five Core (see Figure 1). Village Five is comprised of approximately 493 acres located in the northern portion of the Otay Valley Parcel of the Otay Ranch GDP, The Otay Ranch General Development Plan (GDP) designates Village Five as an urban village to be served by a light rail transit system. The Otay Ranch GDP pennits a total of 2,878 dwelJing units, including both single and multi-family units. As an urban village, the Otay Ranch GDP provides for an approximately 115 acre village core including commercial uses, an elementary school site, neighborhood parks, Community Purpose Facilities land uses, and medium high density housing. Existing major roadways within Village Five include Telegraph Canyon Road/Otay Lakes Road which fonns the northern boundary, La Media Road which fonns the western boundary, the future extension of Olympic Parkway which fonns the southern boundary, and future SR-125 which fonns the eastern boundary. East Palomar Street bisects the VilJage Five area, connecting Olympic Parkway with La Media Road. East-west access to the project is provided along Telegraph Canyon Road/Otay Lakes Road. I-80S, located to the west of the project site, currently provides regional north-south freeway access. Local interchanges in the project vicinity are at Olympic Parkway, TeJegraph Canyon Road, and East H Street. The VilJage Five project area has been mass graded in accordance with the approved SPA One Plan. associated Tentative Maps, and the City ofChula Vista Grading Ordinance. cl) Page 4 Deve]opment has occurred or is in process in the adjacent neighborhoods. In addition, the required infrastructure, including major backbone streets, are in place. R-45/C-3 Mixed Use Core The R-45/C-3 Mixed Use Core site is located at the southeast comer of Palomar Street and the west leg of Santa Cora Avenue in Village Five, The project site consists of two lega] parcels, Parcels R-45/C-3, and P-8. Parcel P-8 is a 0,90-acre parcel and R-45/C-3 is a 2.9-acre parcel for a total of 3.8 acres. The vacant site is relatively flat and has been previously graded. Existing surrounding land uses include multi-family to the south, .east and west. Vacant land designated for Community Purpose Faci]ities (CPF) and a Community Park are located to the north across East Palomar Street. NeiJ!hborhoods R-30 and R-39 Neighborhoods R-30 and R-39 comprise 44.5 acres and are located in the southeastern portion of Village Five, north ofOJympic Parkway and immediately southeast of the intersection of Santa Rosa Drive and San Sebastian Avenue, Neighborhood R-3] and the Otay Water District Parcel, which is not a part of the Otay Ranch GDP, are located immediately to the north of the site. Neighborhood R-29 and the CPF 5 site are located immediately to the west. Open space lots, within the Poggi Canyon Creek drainage, form the southern boundary adjacent to the future Olympic Parkway, Village Six, currently undeveloped, is located further to the south across the (future) Olympic Parkway. The community of East]ake is located to the east. As stated above, the site has been mass graded. The topography is moderately sloping from the north to the south and southeast. E]evations range from approximately 575 feet above mean sea level (AMSL) in the northwest comer to approximately 500 feet AMSL in the southwest corner of the site. IV. PROJECT DESCRIPTION The approved Otay Ranch GDP, adopted on October 28, ]993 and the original SPA One Plan, approved on June 4, 1996, assumed a total of 2,878 units within Village Five. The proposed amendments would reallocate unutilized units to the R-45/C-3 and R-30 and R- 39 neighborhoods for a total of 2,822 units within Village Five. Therefore, the proposed SP A One Plan amendments would be consistent with the overall densities authorized in the Otay Ranch GDP and SPA One Plan. Redistributing the units and locating higher densities in closer proximity to the village core enhances the viability of the village core and meets the GDP goals and objectives related to pedestrian oriented urban villages served by light rail transit. As described above, Village Five has been mass graded with many areas within the Village already developed, or currently developing. Concurrent with the mass grading of the Village Five area, the majority ofthe project mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) have been implemented. For example, mitigation measures for impacts to biological resources, including the cttP Page 5 conveyance of open space to the Preserve, as required by the Otay Ranch Resource Management Plan (RMP), have already occurred. Therefore, those mitigation measures would not be applicable to this project. The following is a brief description of each proposed amendment. R-45/C-3 Mixed Use Core The adopted Village 5 Core Master Precise Plan envisioned a mixed use residential and commercial project oriented towards a town square public park. The project proposes to 1IIodifY the mix of commercial and residential elements, and utilize a "Main Street" concept with the mixed-use commercial residential building oriented towards East Palomar Street. The proposed modifications would create a more pedestrian friendly transit oriented environment with urban plazas, outdoor seating, and pedestrian linkages to the planned trail system. The proposed modifications require amendments to the Otay Ranch SPA I, Village 5 Core Master Precise Plan; Village Design Plan; and Parks, Recreation, Open Space and Trails Master Plan to: 1. Increase the residential density from 18 multi-family dwelling units to 72 multi- family dwelling units, designed as a mixed use development with commercial on the ground floor and some of the residential units above. 2. Decrease the commercial land use from approximately 30,000 to 10,000 square feet. 3. Incorporate an urban plaza design in lieu of a 0.90 acre town square park. 4. Relocate the transit stop approximately 150-feet west of the intersection of East Palomar Street and the east leg of Santa Cora A venue. NeiJ(hborhoods R-30 and R-39 The proposed project is an amendment to the SPA One Plan, SPA One Affordable Housing P1an, SPA One Parks, Recreation, Open Space and Trails Master Plan, Village Five Design Plan, and Tentative Map (TM) 96-04 for the reallocation of a total of 422 multi-family dwelling units to Neighborhoods R-30 and R-39. These units were approved under the original SPA One Plan but were not utilized by other developing neighborhoods. Specifically, the proposed amendment to Neighborhoods R-30 and R-39 would result in the following: 1. Neighborhood R-30 was previously planned as a small lot single-family project with 93 dwelling units, This amendment would create two multi-family neighborhoods (R-30a and R-30b) with 247 multi-family units and 326 multi, family units, respectively. dl Page 6 2. Neighborhood R-39 was previously planned as a muJti-family neighborhood with 180 dwelling units, This amendment creates a neighborhood with 122 multi- family detached units served by alleys, 3. The P-II private park site, currently within Neighborhood R-30, would be relocated to a more central location situated to the north of the intersection of Santa Paula Road and Santa Rosa Drive. In addition, the project would result in minor modifications to the previously graded site to accommodate the revised housing types. The units would be accessed from two points -along Santa Rosa Drive. V. COMPATIBILITY WITH ZONING AND PLANS The proposed reallocation of multi-family units would maintain the overall densities identified in the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed project would also redesignate Parcel P-8 from a Park land use to Mixed Use. The proposed project would be required to provide the parkland obligation in another location within Otay Ranch. Therefore, the proposed amendments to the SPA One Plan are considered compatible with applicable zoning and the adopted GDP in the City of Chula Vista, VI. CONSIDERATION OF ISSUES ADDRESSED IN THE FINAL EIR An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist fonn) detennined that the proposed project would not resuJt in any additional significant environmental effects than those previously covered under Final EIR-95-0J. Land Use The proposed SPA One Plan amendments do not involve additional land uses not previously analyzed in EIR 95-0J. The total residential dwelling unit count proposed under the SPA Plan Amendments is 2,822 dwelling units which is less than the 2,878 dwelling units analyzed in the original SPA Plan and Final EIR. The redistribution of dwelling units would not change the analysis and conclusions presented in EIR 95-0J. R-45/C-3 Mixed Use Core The proposed SPA amendments and development of Parcel P-8 and R-45/C-3 as a mixed-use site would result in a reallocation of 54 residential units and the reduction in approximately 20,000 square feet of commercial uses. The total unit increase would be within the maximum number of units planned for Village Five, and would be located within areas planned for higher density within the village core. ~f Page 7 Neif!hborhoods R-30 and R-39 In addition to the previously planned 93 units for Neighborhood R-30 and 180 units for Neighborhood R-39, the proposed SPA One Plan amendment would reallocate 422 dwelling units that have not been utilized within SPA One to these neighborhoods, The project proposes a multi-family attached unit in Neighborhood R-30 and multi-family detached unit served by alleys in Neighborhood R-39. In summary, as shown on Table I, Otay Ranch Village Five Land Use Comparison, the total dwelling unit count proposed under the proposed SPA One Plan amendments is 'less than the original SPA analyzed in the Final EIR (2,878 units), Single-family residential units would total 1,217 under the amended SPA, as compared to 1,263 units proposed and analyzed under the original SPA Plan analyzed in the Final EIR. Multi- family dwelling units would total 1,605 total units, as compared to the 1,615 dwelling units proposed and analyzed under the original SPA Plan analyzed in the Final EIR The proposed reallocation of multi-family units would be in planning areas that would maintain consistency with the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed increased densities within R-30a and 30b would provide for higher densities by proposing multi-family uses within the one- quarter mile radius instead of single family uses as identified in the adopted plan. Additionally, the proposed amendments to the SPA would not conflict with surrounding land uses, since the overall residential character of the proposed uses would be similar to the adopted plan. Transportation, Circulation and Access Traffic assessments were conducted for the proposed amendments to Neighborhoods R- 451C-3 and R-30 and R-39. Both of the reports concluded that the overall level of service, as previously analyzed in the EIR 95-01, would not be changed by the proposed amendments. The SPA One Plan amendments would not cause any additional impacts to traffic, and would not require additional mitigation beyond that required in EIR 95-01. The intersection of Otay Lakes RoadlTelegraph Canyon Road would be impacted either with or without the proposed amendment, as previously concluded in EIR 95-01. It should be noted that the major ("backbone") transportation improvements, previously identified in the Final EIR 95-01 MMRP have been or are currently under construction in the project vicinity. R-45/C-3 Mixed Use Core A trip generation comparison was prepared by Darnell & Associates, Inc, on May 4, 2001 to analyze potential traffic impacts associated with the proposed amendment. The trip generation comparison showed that the proposed amendment to the SPA One Plan (addition of 54 residential units and reduction in commercial square footage) would result in 1,656 fewer daily trips, with 69 fewer AM peak hour trips and 105 fewer PM peak hour trips. ~~ Page 8 Neif!hborhoods R-30 and R-39 A Traffic Assessment was prepared by URSIBRW on July 20, 2001 to assess the potential impact to traffic and circulation associated with redistributing residential densities within Neighborhoods R-30 and R-39 of Village Five. Overall, the SPA One Plan amendment to Neighborhoods R-30 and R-39 would generate 2,710 daily trips with an increase of 217 AM peak hour and 272 PM peak hour trips. The report assessed roadways and intersections in the vicinity to determine if the increased traffic levels would result in substantial increased delays or reduced levels of service. '[he URSIBRW report concludes that the critical intersections for project access, including La Media Road/East Palomar Street intersection and Village 5 NS (Santa Paula)/Otay Lakes Road intersection would continue to operate at acceptable levels of service, Additionally, intersections associated with access to the site were evaluated. In particular, San Sebastian AvenuelSanta Rosa Drive, East Palomar Street/Santa Rosa Drive and Geyserville StreetJSanta Rosa Drive were evaluated and were found to operate at acceptable levels during both AM and PM peak hours. Therefore, the SPA One Plan amendment would not cause additional impacts to the surrounding roadway circulation system, including site access points. Water Quality and Drainage R-45/C-3 Mixed Use Core The extent of the development area proposed under the amendment would be the same as previously assessed under EIR 95-01. Because the effects of storm water run-off are based on development area (impervious surface) rather than number of units, the increase in dwelling units and decrease in commercial square footage on R-45/C-3 would not change the amount of storm water previously anticipated for the site. In addition, based on a Drainage Study prepared by Rick Engineering Company dated, April 2001, the proposed changes in land use for Parcel P-8 from park use to residential uses will result in an increase of 1.5 cubic feet per second (cfs), However, the existing 12 inch PVC storm drain has the capacity to carry the additional flow. The City's Engineering Division has reviewed the aforementioned Drainage Study and concurs with the findings and conclusions. Therefore, the proposed amendments do not result in any additional impacts to drainage beyond those previously identified in EIR 95-01. Neif!hborhoods R-30 and R-39 Based on a Drainage Assessment, prepared by Hunsaker & Associates, dated May 24, 200 I, the proposed increase in density would result in a negligible change in the drainage volume and would not have any adverse impacts to Poggi Canyon Creek. The conclusions of the previous analysis conducted in the "Master Drainage Study for Poggi Canyon Creek" would remain. The City's Engineering Division has reviewed the report and concurred with the findings and conclusions. 30 Page 9 The total amount of urban area would not be changed, and the amount of impervious surfaces represented by the proposed amended plan would not substantially change from that analyzed in the Final EIR. Water quality issues would also be similar, due to the similar character and quantity of proposed land uses. Concurrent with the mass grading in Village Five, the project has complied with the MMRP mitigation measures regarding payment of "fair share" fees as required by the SPA One Plan and adherence to National Pollutant Discharge Elimination System (NPDES) requirements. Public Services alld Facilities R-45/C-3 Mixed Use Core Water and Sewer: Based on a Water and Sewer Service analysis by PowelI/PBSJ, dated May 2001, the regional transmission mains planned and approved within Village Five are sized to accommodate peak hour and maximum day plus fire flow rates to the revised Village Five Core Area (R-45IC-3). Therefore, the increase in residential density and decrease in commercial square footage would not affect the analysis previously provided in EIR 95-01. Parks: The proposed amendment would result in 54 additional residential units and the elimination of a 0.9 acre park site (P-S). The project would be required to provide additional park acreage within Otay Ranch to compensate for the elimination of the P-S park site as well as the increased residential units. At this time, the additional park acreage is anticipated to occur within the Eastern Urban Center (EUC) of Otay Ranch. In addition, as required by Municipal Code Section 17.1 (Parkland Ordinance), park development fees would be increased to reflect the increase in multi-family units. Neif!hborhoods R-30 and R-39 Water and Sewer: Based on letter report ITom Dexter Wilson Engineering Inc., dated May IS, 1001, the regional water facilities being constructed within Village Five are sufficient to provide domestic and fire protection services to the revised development areas. Currently, sixteen-inch potable water lines are planned in Olympic Parkway, East Palomar StTeet, and Santa Rosa Drive and recycled water lines are proposed in East Palomar Street and Santa Rosa Drive. In addition, the proposed SPA One Plan amendment will not affect the planned sewer line design for the Village 5 area. Based on a letter report ITom Dexter Wilson Engineering, Inc., dated May IS, 2001, the S-inch gravity sewer line in East Palomar Street has capacity to accommodate the proposed planning change. The design capacity of the S-inch line is 600 EDUs and the proposed change would generate 555 EDUs. 3( Page] 0 Parks: The additional 422 multi-family units to be reallocated to Neighborhoods R-30 and R-39 results in a demand for approximately 2.6 acres of local parks (neighborhood and community parks) beyond that provided in the Otay Ranch Park Agreement. The project would be required to provide additional park acreage within Otay Ranch to compensate for the increased residential units. At this time, the additional park acreage is anticipated to occur within Village Two of Otay Ranch. In addition, as required by Municipal Code Section 17.1 (Parkland Ordinance), park development fees will be increased to reflect the increase in multi-family units. VII. CONCLUSION The analysis and conclusions presented in the Final EIR are not changed by the proposed revisions, and preparation of a subsequent environmental document is not warranted. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions to the project, and that none of the conditions for preparing a subsequent or supplemental EIR , as identified by Sections 15162 and 15163 exist. Therefore, the preparation of this Addendum is appropriate to make the Final EIR 95-01 adequate under CEQA. ~*c?/r~ r~' Environmental Review Coordinator ~h/ol Date / REFERENCES Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Envirorunemal Impact Report (EIR 95-01), April 1996 Water and Sewer Service. PowellIPBSJ, May 2001 Traffic Analysis. Darnell and Associates, May 4, 2001 Drainage Study. Rick Engineering Company, April 2001 Water and Sewer Analysis. Dexter Wilson Engineering, May 18,2001 Traffic Analysis. URSIBRW. July 20. 2001 Drainage Assessment. Hunsaker and Associates, May 24, 2001 ~ Page 11 Case No.IS-01-35;and 15-01-43 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: McMillin Otay Ranch, LLC; and Otay Ranch PrDject, LP 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 2727 Hoover Avenue National City, CA 91950 350 W. Ash Street. Suite 750 San Diego, CA 92101 4. Name of Proposal: Otay Ranch SPA One Plan Village Five Amendments 5. Date of Checklist: July 20, 2001 PoteatiaDy SipUK:aIIC 1m.." PoteDtiaUy Sipificaat u..... Mitipled Lasllul.. SipiftcalU 1m.." No 1m.." I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o II b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g.. impacts to soils or farmlands. or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? o o o II o o o II o o o II Comments: The proposed amendments would be consistent with the overall densities approved in the SPA One Plan, and the GDP and SPA Plan policies as evaluated under Fina] EIR 95-0]. See further discussion in Section VI. of Addendum. 33 Page 12 Pot"DtiaUy PCM"DtiaUy Signif"ICIIDI ..... .... Sigaif"ICIDI U..... SigalrK:aD( N. II. POPULATION AND HOUSING. Would the Impact Mit.ipt~ Impact Impact proposal: a) Cumulatively exceed official regional or local 0 0 0 II!! population projections? b) Induce substantial growth in an area either 0 0 0 II!! directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 II!! housing? Comments: The proposed amendments would not exceed the total multi-family and single family unit counts compared to the land use assumptions contained in the Final EIR 95-01 analysis of population and housing. Since the proposed amendments represent similar numbers and types of residential uses, the amendments are anticipated to result in virtually identical impacts to population and housing as was analyzed for the original SPA Plan in the Final EIR 95- 01. P01al1ially III. GEOPHYSICAL. Would the proposal result in or POI.RtiaU,. SipiflC&DI ......... SigDif"ICaDt u..... SigDirlCaDt N. expose people to potential impacts involving: Impact Mitigat~ Impact lm..d a) Unstable earth conditions or changes in 0 0 0 II!! geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 II!! overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 II!! features? d) The destruction, covering or modification of 0 0 0 II!! any unique geologic or physical features? e) Any increase in wind or water erosion of soils. 0 0 0 II!! either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 II!! sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 II!! hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The Final EIR 95-01 determined that no significant impacts associated with ground 3Y Page 13 surface rupture (faulting) or liquefaction would occur on the project site. The Final EIR identified specific mitigation measures for ground shaking, soils, and slope stability that reduce potential impacts to a less than significant level. The mitigation measures required the submittal of site specific geoteclmical analysis prepared by a licensed geotechnical consultant. Concurrent with the mass grading of the site, these mitigation measures have been complied with. As the area of potential effect for the proposed SPA One Plan amendment will not change, and with compliance with the Final EIR mitigation measures, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. PoteRtiaUy PotentiaUy Sil,tnifiClDt Less thaD IV. . WATER. Would the proposal result in: Signifkaat u..... SigDifkallt No 1m.." Mitil..ed 1m.." 1m.." a) Changes in absorption rates, drainage patterns, 0 0 0 II!I or the rate and amDunt of surface runoff? b) Exposure of people or property to water 0 0 0 II!I related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 II!I alteration of surface water quality (e.g.. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 II!I water body? e) Changes in currents, or the course of direction 0 0 0 II!I of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 II!I through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 II!I groundwater? h) Impacts to groundwater quality? 0 0 0 II!I i) Alterations to the course or flow of flood 0 0 0 II!I waters? j) Substantial reduction in the amount of water 0 0 0 II!I otherwise available for public water supplies? Comments: The proposed amendments would not change the extent of development area (impervious surface) evaluated under the previous water quality and drainage analysis conducted for the Final EIR 95-01. See further discussion in Section VI. of Addendum. 3S' Page] 4 PotaniaU:" v. AIR QUALITY. Would the proposal: Puce.baBy Si&:lIiraca.t ..... .... Sie..mca..1 u..... SipUf"1CII..t N. Im_ Mitiplrd 1m.." IlQpact a) Violate any air quality standard or contribute to 0 0 0 l1li an existing or projected ait quality violatiDn? b) Expose sensitive receptors to pollutants? 0 0 0 l1li c) Alter air movement, moisture, or temperature, 0 0 0 l1li or cause any change in climate, either locally or regionally? d) Create objectiDnable odors? 0 0 0 l1li - e) Create a substantial increase in stationary or 0 0 0 l1li non-staUDnary sources of air emissions or the deterioration of ambient air quality? Comments: As discussed in Section VI. of the Addendum, the proposed amendments would not result in traffic volumes beyond those previously analyzed in the Final ElR. The traffic analysis reports concluded that the levels of service at nearby intersections would remain the same, and access points to the projects would operate at acceptable levels. Therefore, air quality impacts and mitigation measures would be similar to those previously analyzed in Final EIR 95-01, PotnatiaUy PoteJItiaUy Siplfic:a..t ..... .... SipirlCll..1 u..... SipUlC2Dt N. VI. TRANSPORT A TION/CIRCULA TION. Would 1m.." Mitigated 1m.." 1m.." the proposal result in: a) Increased vehicle trips or traffic cDngestion? 0 0 0 l1li b) Hazards ID safety from design features (e.g., 0 0 0 l1li sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 l1li nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 l1li e) Hazards or barriers for pedestrians or 0 0 0 l1li bicyclists? f) Conflicts with adopted policies supporting 0 0 0 l1li alternative transportation (e. g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 l1li h) A "large project" under the Congestion 0 0 0 l1li Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) 3& Page 15 Comments: The propDsed amendments would result in simiJar traffic impacts as were evaluated in Final EIR 95-01. See further discussion in Section VI. of Addendum. PoteatiaBy VII. BIOLOGICAL RESOURCES. Would The Potulially SipiflC&lll Lea thall Sipmc..RI u..... SipificalDI No proposal resulr in impacTs W: Impad MJUp.... 1m.." Impllct a) Endangered, sensitive species, species of 0 0 0 181 concern or species that are candidates for listing? b) Locally designated species (e.g,. heritage 0 0 0 181 trees)? c) Locally designated natural communities (e.g., 0 0 0 181 oak forest. coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 181 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 181 t) Affect regional habitat preservation planning 0 0 0 181 efforts? Comments: The Final EIR 95-01 identified impacts to biological resources that required mitigation to reduce impacts to a level less than significant. Since that time, the proposed project site has been mass graded in accordance with the SPA One Plan, Tentative Map and the City's grading ordinance and no vegetation remains onsite, With the proposed amendment to the SPA One Plan, the area of development will not be altered from the previous biological resource assessment boundary; therefore, the proposed revisions will not result in significant impacts to biological resources. Conveyance of land into the Preserve for development in SPA One has already occurred, and the proposed amendment will not require additional conveyance ofland by the project applicant(s). PotUliaUy PoteDtiaU,. Sipiftcant Less than VIII. ENERGY AND MINERAL RESOURCES. S"IplficaDI Uo.... Sipilkallt No Would The proposal: 1m.." Mitigated 1m.." 1m.." a) Conflict with adopted energy conservation 0 0 0 181 plans? b) Use non-renewable resources in a wasteful and 0 0 0 181 inefficient manner? c) If the site is designated for mineral resource 0 0 0 181 protection. will this project impact this protection? Comments: There were no impacts identified in Final EIR 95-0 I associated with energy and mineral resources. The proposed amendments would not change the conclusions of the Final EIR 95-01. 3) Page 16 IX. HAZARDS. Would rhe proposal involve: a) A risk of accidental explosion or release of hazardous substances (including. but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency respDnse plan Dr emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? POIentiaU," Potentially ~rK:aDI Lastluin SignifICant U..... SiI;D.irIQ.DI No Impact Mitigated Impact Impact 0 0 0 III 0 0 0 III 0 0 0 III 0 0 0 III 0 0 0 III Comments: The proposed amendments to the SPA Plan would not result in a change in the type or character of land uses that would cause any hazards to human health or safety or to the environment. The proposed changes to the plan include reallocation of residential densities, which would not result in any impacts related to hazards or hazardous conditions, as previously concluded under Final ErR 95-01. PolmtiaUy X. NOISE. Would rhe proposal resulr in: PolnniaUy Significanl .......... SipiJic:allt U"'... Signifk.lllt No lmpod Mitilafed lmpod ImpaCI a) Increases in existing noise levels? 0 0 0 III b) Exposure of people to severe noise levels? 0 0 0 III Comments: Due to the same development area for the proposed SPA One Plan amendment, construction noise impacts will not change with the proposed amendment. Mass grading of the site has occurred and the project has complied with the construction noise mitigation measure as outlined in the Final EIR 95-01. As with the approved SPA One Plan, additional pad grading wi1l be required and the project applicant sha1l adhere to the MMRP construction noise mitigation for any additional grading activities required. The proposed plan changes were analyzed for potential increases in traffic on surrounding roadways. The conclusions of the traffic studies indicate that localized increases in traffic resulting trom the rea1location ofresidential densities would not be sufficient to result in any substantia] increases in traffic volumes. As a result, no new impacts to noise are anticipated to occur with the proposed SPA amendments, and no new mitigation measures would be required. As previously required, noise barriers would still need to be provided for units adjacent to roadways with noise levels in excess of 65 CNEL. 3? Page 17 Pot~!lI.iaUy XI. PUBLIC SERVICES. Would the proposal have Pot~lItiaU:r Sigllinca!ll Lesstnll S'1I:alflCall( u..... SiplflCallt N. an effect upon, or result in a need for new or Impact Miti,.t~ Impact Impact altered government services in any of the following areas: a) Fire protection? 0 0 0 III b) Police protection? 0 0 0 III c) Schools? 0 0 0 III d) Maintenance of public facilities, including 0 0 0 I!II roads? e) Other governmental services? 0 0 0 I!II Comments: Schools. Implementation of the proposed amendments would result in a slight decrease (1699 vs. 1665) in the overall number of students generated by Village when compared to the previous analysis. Therefore, with implementation of the proposed mitigation measures in the previous EIR, no significant impact to school services will occur with implementation of the proposed SPA One Plan amendment. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-0]. Law Enforcement/Fire/EMS. The Final EIR 95-01 identifies the need for police and fire service in the project area with future development of the SPA One Plan area, The project is within the boundaries of the public facilities Development Impact Fee program, and therefore will be subject to the payment of the police and firelEMS fee rates in effect at the time building pennits are issued. Therefore, no new impacts to law enforcement, fire, or EMS will occur with implementation of the SPA One Plan amendment. Library. The proposed SPA One Plan amendments do not change the impact analysis perfonned in the Final EIR. The demand for the 4,876 square feet oflibrary space generated by Village Five will be satisfied by the 36,758 square foot library planned in the Eastern Urban Center; therefore, no significant impacts to library services will occur with implementation of the proposed SPA One PJan amendment. In addition, the payment of Development Impact Fees for library services at the rate in effect at the time building pennits are issued will further assist in development of adequate library facilities in the project area. The proposed amendments would not result in any additional impacts than were previously analyzed in Fina] EIR 95-01. Integrated Waste Management, The proposed SPA One Plan amendments do not change the impact analysis prepared for the Final EIR 95-01. The Final EIR states that development ofSP A One will result in a significant increase in solid waste generation; however, with implementation of proposed mitigation measures these impacts will be reduced to a less than significant level. An Integrated Waste Management Plan has been prepared for the Otay Ranch GDP area. The plan has identified the need for solid waste and recycling facilities in the Otay Ranch including neighborhood recycling dropofffaci]ities, a materials recovery facility, composting facility, and a facility to collects household hazardous waste. The proposed amendments would not result in any 3) Page] 8 additional impacts than were previousJy analyzed in Final EIR 95-01. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below. the proposed project does not adversely impact any of the seven. Threshold Standards. PoIe:atiaU,. PoIC'DtiaUy S1plfkaDt ""'.... Sir:DificaDt v..... Sipil'ODI N. Impact Mitigated 1m,." Im~cl 0 0 0 l1li PotC'DtiaD)' PotentilDy Siplficaal ""'.... SiiniflCllDt v..... SipifICaDt N. Impact Milipled 1m,." Impact a) FirelEMS 0 0 0 l1li The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases, The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The Final EIR 95-01 identified impacts associated with the overa]] SPA One development and required mitigation through the payment of Public Facilities fees to reduce impacts tD a level less than significant. The proposed amendments would be within the total unit count previously analyzed, and therefore would not affect the previous conclusions of Final EIR 95-01. PoteutiaU,' PolnltiaUy ,,-, """baa SigldficaDt v..... SigDific:aDI N. 1m,." MitiJaled Impact Impact b) Police 0 0 0 l1li The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. Comments: The Final EIR 95-01 identified impacts associated with the overa]] SPA One development and required mitigation through the payment of Public Facilities fees to reduce impacts to a level less than significant. The proposed amendments would be within the total unit count previously analyzed, and therefore would not affect the previous conclusions of Final EIR 95-01. POIeotiaUJ PotC'otiaUy Significaat LessthaD SipiftcaDt u..... Signif'kaDt N. 1m,." Mitigated 1m,." 1m,." c) Traffic 0 0 0 l1li The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours Df the day at signalized intersections. Intersections west of Y-D Page 19 1-805 are not 10 operate at a LOS belDw their 1987 LOS, No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. Comments: As previously discussed, the propDsed amendments would not result in an increase of lTaffic volumes and would maintain the levels of service as previously analyzed in Final EIR 95-0 I. PoIenw.1I1 S"lpmc.at Im..ct PoteatiaU,. Sipif"lc...t v..... MitiplN Lao .... SipWKaDt lIapllel No Impact . d) ParkslRecreation o o o I!I The Threshold Standard for Parks and Recreation is 3 acres/l,OOO population. The proposed project will comply with this Threshold Standard, Comments: The proposed amendments would result in modifications to the previously planned parks within Village Five; however, the project would be required tD compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect at the time building permits are obtained. Therefore, the project would comply with the Parks and RecreatIOn Threshold. PoIeDtiaDy PoteatiaUy Siplficaal Lao "'0 S'lpif"lCUIl Voku Sipificaat No 1m.." Mitipled 1m.." Impact e) Drainage 0 0 0 I!I The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to the development area (impervious surface) previously evaluated under the Final EIR 95-0 I, and therefore the necessary drainage improvements previousJy required would be maintained. PoteadaD, Pote.tiaU,. SigDifiC&D1 Less lbaa Sipificalal Voku SignificaDt No 1m.." Mitigated 1m.." 1m.." f) Sewer 0 0 0 I!I The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to sewage flows previously evaluated under the Final EIR 95-0 I, and therefore the necessary improvements previously required would be maintained. Y-! Page 20 PotaltiaU, Poft.lliaD,. SipirtC8.t Leat.... SipilkllJlt v..... -.. N. Im.-ct Mitipttd Im.-ct Impact g) Water 0 0 0 ~ The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The proposed amendments would not result in an increase in water transmissiDn, treatment or storage facilities as previously evaluated under the Final ErR 95-0 I, and therefore the necessary improvements previously required would be maintained. PotentiaDy XIII. UTILITIES AND SERVICE SYSTEMS. Would PattDtiaU,. SigDirlCllDt Lou.... SigDirKaDI v..... SipirJCaDI N. the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 ~ b) Communications systems? 0 0 0 ~ c) Local or regional water treatment or 0 0 0 ~ distribution facilities? d) Sewer or septic tanks? 0 0 0 ~ e) Storm water drainage? 0 0 0 ~ t) Solid waste disposal? 0 0 0 ~ Comments: The proposed amendments would not result in the need for additional facilities or improvements beyond that previously analyzed in Final EIR 95-01. See further discussion in Section VI. of Addendum. PoteatiaUy PoteDliaU,. SipificaDI Lou .... Signific.aDI u..... Sipaific;aJll No XIV. AESTHETICS. Would the proposal: Impod Mitiaattd Impod Impod a) Obstruct any scenic vista or view open to the 0 0 0 ~ public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 ~ scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 ~ d) Create added light or glare sources that could 0 0 0 ~ ~~ Page 2J -----.....-.- ..._~~.._-,---~.- increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66,100 of the Chula Vista Municipal Code. Title 19? e) Produce an additional amount of spill light? o o 181 o Comments: The proposed amendment areas have been previously mass graded and no additional encroachment into steep slope areas would result ITom implementation .of the amendments. In addition, the proposed amendments would not require any substantial changes to the grading plans for Village Five. Views of the project area would not be substantially changed with tl}e proposed amendments, since the visual character of the proposed uses in the locations identified would not be substantially different ITom those that would result under the adopted SPA One Plan and Final EIR 95-0]. The proposed amendments would not result in any additional impacts than were previously analyzed in Fina] EIR 95-0]. xv. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential tD cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? PoteatiaUy POIenlbUy Si!:_ifieant Leu.... SignirteaDI UDI<u SipiftCaDI N. Impact Mitiga.ed 1m.." Impact 0 0 0 181 o o o 181 o o o 181 o o o 181 o o o 181 Comments: The proposed SPA One Plan amendments will not increase the deveJopment area ITom that which was previously analyzed in Fina] EIR 95-01. All of the archaeological and historical investigations for the Final EIR were completed in accordance with the guidelines of the City of Chula Vista and the County of San Diego (Guidelines for the Implementation of the California Environmental Quality Act 1991). The cultural resource studies and further testing of sites detennined that there would be one direct impact to one site of moderate significance that was considered a significant impact. This identified site is not within the boundaries of the proposed amendment areas. Further, through the implementation of Fina] EIR MMRP during mass grading of the site, these impacts have been mitigated through an onsite monitor during grading activities that have occurred. As the proposed amendment does not alter the area of potential effect and with the cultural resource mitigation measures in the Final EIR already <';:3 Page 22 implemented, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. PoteatiaU,. SipI(teaD' Impact PotaatiaDy Sip1ficaat u..... MItip." Les:.;tblla SipiflCUt Im_ No Impact XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the . destruction of paleontological resources? o o o I!!I Comments: The Final EIR determined that the project area contains areas of "High Sensitivity" and "Moderate Sensitivity" for paleontological resources. The Final EIR indicated that development of the SPA One project would result in massive grading over the entire project site and that significant impacts would occur to paleontological resources in the areas comprised of "High'. and "Moderate" sensitivity, This grading activity has been completed and the MMRP measures complied with. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. PoteatiaUy XVII. RECREATION. Would the proposal: PotentiaU,. SigDiftcaat .......... SipirlCaDt u..... SigniftCaIU N. Impo" Mitigated Impo" Impact a) Increase the demand for neighborhood or 0 0 0 I!!I regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 I!!I c) Interfere with recreation parks & recreation 0 0 0 I!!I plans or programs? Comments: The proposed amendment would result in a minor modification to the park acreage location and quantity. The project would be required to provide adequate park acreage, as approved W1der the original SPA One Plan and evaluated W1der Final EIR 95-01. See further discussion in Section VI. of Addendum. Pote:atiaUy Sapificaat Impo" Pot......,. Sip.ificaDt u..... Mitigaud ...... .... Sipifiaat Impo" No Impo" }""VIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance, If an EIR is needed, rhis secrion should be comp/ered. a) Does the project have the potential tD degrade the qualiry of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal communiry, reduce the number or restrict the range of a rare or y:.. 'f' o o o I!!I Page 23 endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The proposed amendments would not result in significant impacts biological or archaeological resources. PocentiaUy SipiflCllat Impact Potenlially SipifiCIIDt Ualess Miti.cal~ Ln5IUD Sipif.aal Impact N. Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.). o o o 181 Comments: The proposed amendments would not result in cumulative impacts beyond those previously analyzed in Final EIR 95-01. PoteatiaUy SipiflCaDt 1m.." POIeDtiaUy Sipil"ICaDt U.,... Mitigated Lessthaa SipifiCIIDt 1m.." N. 1m.." c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? o o o 181 Comments: The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. XiX. PROJECT REVISIONS OR MITIGATION MEASURES: No additional mitigation measures beyond those previously identified in Final EIR 95-01 are required for the proposed amendments to the SPA One Plan. y) Page 24 XX. AGREEME~l TO IMPLEMENT MITIGATION MEASliRES By signing the line(s) provided below. the Applicant(s) and/or Operator(s) stipulate that they have each read. understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review CODrdinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be heJd in abeyance without approval. N/A Printed Name and TitJe of Authorized Representative of [Propeny Owner's Name] N/A Signature of Authorized Representative of [Property Owner's Name] Date N/A Printed Name and Tit]e of [Operator if different from Property Owner] N/A Signature of Authorized Representative of [Operator if different from Property Owner] Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. 0 Land Use and Planning 0 Transportation/C irculation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources o Air Quality 0 Noise 0 Recreation o Paleontological 0 Mandatory Findings of Significance Resources \/0 Page 25 XXTI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the envirDtunent, 0 and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment. 0 there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVII~ONMENTAL IMPACT REPORT is required. I fmd that the proposed project MAY have a significant effect(s) on the environment, but at 0 least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTALIMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I fmd that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects . (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. JJ;wh%A;J'lr~ ~. Marilyn K.F, ponseggi I ' Envirorunental Review Coordinator City of Chula Vista eh/ oj , riate lI7 Page 26 ~ ~~t~~k~ . ~.~~'}) \<-\M.~\. '=;:;: /J 'I'i' ~ ~ .\~~ R.JS 61YAP I~ R," ~ ~ r.;;:J;i ~ III " , ~\.\.f w-n J.lJ.J, . i", ,~~ ~ ~~ ,9: ~u:~ ~ ) ,. . (VERANpA \ ':r /\ \ ~nJ.Y::: v J\\'iJ: '> ~ ,~- -----:::::::r' . ~I\i ):~, ~~i ~~~) v--: <1\ .. ~ ~\ \\\\0;\ y );s~~1= Ir1i PUBLIC/QUASI-PUBLIC ~l } g ~ '\). \\\'I~ ~ B (Si, ~ I fit c QTAY WAT" D. ISTRlCT . \~ _ '< I MCMILLIN ~"7>/ r//, ..' '/~/;~ ~ j E ' EL~~~Y ~O fffl r;/~!:>~. ~;.. ~ ~ :, ... ~ f' III \.. I~' ~ I 1\" - rTYJ ~/~ ~';<//>J' ,<'J i ;9\ffii f!/~I 0 \~I .~ 1rn II' 11"" ______ () \. ~ FtITURE '''' I ~ 1\ \-.i\\D 8= ~SAKfA CORA es VILLAGE SIX '" 'tt- 1\ d W\W '6 PARK /, ~ ,I'-~ ,.... ,'::::;s ::--.... / · i+I-JJ. \, ""\~,\;; ~.dJJ., " I ,0Y: , 'i!!/::; '/I: ~ f41/1111 \ \...). ~IROJECT i:: ~ ~ '\!--';(Ul~I,'" I\~ LOCATION : ~fl!Jh ~ / · i );!!lljp \, /' I~p FurURE VILLAGE TWO ~ C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT MCMILLIN COMMUNITIES INC. & PROJECT DESCRIPTION: C) APPUCANT: OTAY PROJECTS, LP. INITIAL STUDY PROJECT ADDRESs: SCALE: FILE NUMBER: !f'~ NORTH No Scale IS-01-035(C) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE. WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations Zoning District Map for Village Five was filed with the City of Chula Vista Planning and Building Department on February 16,2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations Zoning District Map is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long tenn phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in hannony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Village Five to reflect zoning district adjustments to the Single-Family Four, Open SpacelPark One, Residential Multi-Family One and Residential Multi- Family Two Zoning Districts located in the south east portion ofOtay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No, 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01 "); and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 28,1993, and as amended on May 14, 1996, and November 10, 1998; and, v-c; Ordinance No. Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01has been prepared in accordance with State CEQA Guidelines Section 15164 identified as Exhibit "c" in the amended Otay Ranch SPA One Resolution No. and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22,2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, WHEREAS, by a vote of approval the project; and, , the Planning Commission recommended WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations for Village Five; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an Ordinance to the SPA One Planned Community District S() Ordinance No, Page 3 Regulations modifying the Zoning District Map for Village Five, identified as Exhibit "B" in this ordinance, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-01 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior repDrts; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation, Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 95-01 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council found that pursuant to Resolution No. that the Addendum prepared to Otay Ranch SPA One EIR 95-0 I identified as Exhibit "c" in the amended Otay Ranch SPA One Resolution No. reflects the independent judgement of the City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One EIR 97-03. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 95-01. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95-0 I adequately describes 5"/ Ordinance No. Page 4 and analyzes this project for the purposes ofCEQA [Guideline 15168(e)]. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A, THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT MAP FOR VILLAGE FIVE IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment modifying the Otay Ranch SPA One Zoning District Map for Village Five reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendment contain provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OT A Y RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY, The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR-95-01), s~ Ordinance No, Page 5 Presented by Approved as to form by Robert Leiter Planning and Building Director John M, Kaheny City Attorney S-3 \~N":J ~~ ,d€J~ ~/=JI&~ \/\'t--::: -::;:'c.on ~ ~ ~ R;~~S\ :r::- ., ., ~\): '\ (A ~~ ~~" \" ~~'\L ~~6IN ~,,~ ~\\ \f'\\~0 11111/ \\ A' i~~~---I'\ ~'3~",:\ /~'35'T r.Jrff@ ~ ~ ~ R.25 P" i\\\\U;}(~~ {jj p.\O Sl)Y' ,." ~ ~~ \ill-Kk .~;g rn:= if I w: (>I ~ '\\\~~W tr5~ F t ~~ "'.);-r(\~\X\)",; I' ~\- \v~ - . ------: / i\ 0/ '\M"'\~~\---...-f \\~R.27'~~'Y'" ~~'<)~ /' r-------- \' '< --(\\ N ~0Yj\ '0 ~~, R.3I y-rr\\ \ i ~ 1>-: \~:\ "IS ~ J F","~~ ' ,. PUBLIC/QUASI-PUBLIC ~ (""" 1._ ~ ~~ WIL. L~'6S,"g/, OTAYWATERDlSTRlCT V \ I~ ~~,\ ~ ~t;-. 1\ ftity not apart ;- ~ ~~1:;.. ~ I? s;~,,:a~~.::'ittJF= ~ "------ ~ 2 ~\\\ ~CMILLIN ~,' ~>/,,:j::>;>.~';/ I v "'-- ;::: ~~;:-- ,-;: ELEMENTARY ME~O ~ ~..' >>/ ,>'j:<; Sjngle>:~ s: ; I Iii. '-+- SCHOOL s~g~ I/~ ~ :..!Z r/ / I;aJII'J, I_'J'~I -_........-< ~ ~T"'f; ,"', COTIONWOOD ,~/ /:~,: ~ 1"';1 PARK" / ~ , --- I..J r-----. E p"b/" , Mull1 --- 1;;1 ASTJ'ALOMAh \ / Famj/y \ ~ ).., ~ ~ ///// ~ ~ '~ mul(j-family ~ I --...: ;;;;;;>' /~,(, ~~ ~ j: multi-family VISTA \ ::}."'>> SONRISA -\ ~ ,.~~~ PROJECT ~ 1\ Y@'@fIHijjjl~ OT~~CH LOCATION I If;. ~~fw J' VILLAGE 6 It Jff/;~ '-~ 7' 'Otq]f;,0, ~ I~ \ "' ,. ,. 'Tj l::i ~ I~ I;::; r ---------- CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECTS LP PROJECT DESCRIPTION: C) APPUCAN~ I . SPA PLAN AMENDMENT PROJECT Olay Ranch, SPA One ~e~uest: Revise SPA One and TM 96-04 to allocate ADDRESS: Village Five .2 unallocated multi-family units to neighbol'"hOodS SCAlE: FILE NUMBER R-30a&b and R-39. NORTH No Scale PCM-01-17(b) Related Cases: PCS-01-0ar-. 15-01-043 s-y ,e-~ -;;;~ ~~ ~ ~ ~ c.. m ~ ~ c 0 I- ~ ,.. ,.. 'E 'E u. m m . . e ~ '\- '\- ~ r1 F & E ~ ~ "3 . ~ ~ "- ,.. ,.. ::; ::; "- " E E :;; :;; i!> .. ~ . . c " u. u. E E 0- m m . . ~ . '" " " " " E E c .. 0; E E 8- c c . . 8 0 in v; II: II: <> 0 "0 c: Q) C) ~ Q) M .. ~ N IL I!: IL U. :; :; a.. U '" ..J '" rn a: a: u 0 l"- e. ... ~ C') '" ...!. C'CI '" ~ - :iE :c :f :c - u )( o- W ~ - ~.. II) ;.;::2: i5 ..'" J g~ C) ~~ ~~j c: .- N IEB c: ::E ;U 0 !5IN ~ N I::E ~ a: '" .. .. ~ '" 0 O.....ob .."'''' ~.. ..!:I~ u - ~ ~ h . ! i I ~ ~ ;';t l' ~ t!- ! 1 III":-i~ df ~ -IIi S-s RESOLUTION NO. PCS-OI-08 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH, SECTIONAL PLANNING AREA (SPA) ONE PLAN, CHULA VISTA TRACT 96-04B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96-04B", ("Project"), with the Planning and Building Department of the City ofChula Vista on February 16,2001; and, WHEREAS, the application requested the approval for the subdivision of approximately 44.5 acres located north of Olympic Parkway, northeast of East Palomar Street, east of the Santa Rosa Drive, and west of the future planned SR-125in Village Five of the Otay Ranch into 121 single- family residential lots, 2 multi-family lots, 6 private street lots, 12 common lots, and 6 open space lots for a total of 147 lots; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01"); and, WHEREAS, the Applicant filed an amendment to the SPA One Plan, (PCM-01-17), and said amendment was adopted by the City Council on August 28,2001 by Resolution No. and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or 50 ATTACHMENT #6 additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-0 I has been prepared in accordance with State CEQA Guidelines Section 15164 identified as Exhibit "C" in the amended Otay Ranch SPA One Resolution No, and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Revised Tentative Map, Chula Vista Tract 96-04B" (PCS-OI-OS) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22,2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of Revised Tentative Subdivision Map (C.V.T. 96-04B) is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Revised Tentative Subdivision Map (C.V.T. 96- 04B) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. ~7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary 1!1'1.\''';'\I'..;l,' It:]' Ibn.:IH)\;J' _R~lIh:h_( ,\I11P:II1\ \';_Rc'\i~~'J_r\1.I'( RI'-'O.ddL ')6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 96-04B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96-04B", ("Project"), with the Planning and Building Department of the City ofChula Vista on February 16,2001; and, WHEREAS, the application requested the approval for the subdivision of approximately 44.5 acres located north of Olympic Parkway, northeast of East Palomar Street, east of the Santa Rosa Drive, and west of the future planned SR-125 into 122 residential lots, 6 private street lots, 12 common lots, and 6 open space lots for a total of 147 lots; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No, 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No, 90-01, SCH #9010154 ("Program EIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No, 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01 "); and, WHEREAS, the Applicant filed an amendment to the SPA One Plan, (PCM-OI-09), and said amendment was adopted by the City Council on August 28, 2001 by Resolution No. ; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01has been prepared in accordance with State CEQA Guidelines Section 51 ATTACHMENT #7 15164 identified as Exhibit "C" in the amended Otay Ranch SPA One Resolution No. ; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T, 96-04B)" and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of the Planning Commission approved the project; and, WHEREAS, the City Council 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 at least ten days prior to the hearing; and, WHEREAS, a hearing was held at the time and place as advertised on August 28, 2001 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on August 22, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-Tier FEIR 95-01, would have no new effects that were not examined in the preceding Program EIR 90-01, Second-Tier FEIR 95-01, [Guideline 15168 (c)(2)); and, III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; (3) and no new (co infonnation of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to Otay Ranch SPA One EIR 95-01 reflects the independent judgement of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One ErR 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP approval (90-01) and SPA One Plan approval (95-01). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the original SPA One Plan EIR (95-01), adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. VII, TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T. 96-04B)" as conditioned, attached as Exhibit "B" to this resolution, hereto for The Otay Ranch Company ("Otay Project LLC"), is in confonnance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: 1. Land Use The Project IS In a planned community that provides multi-family residential uses and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landfonns. 0/ 2, Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3, Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate income households. 4, Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to dedicate additional parkland obligation for the Project elsewhere in Otay Ranch on the Applicant's ownership. Construction of additional parkland and open space and programmable recreation facilities are the responsibility of the Applicant, 5, Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map, 6. Seismic Safety The proposed subdivision is in confonnance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities &2.. The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9, Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highways adjacent to the Project. II. Bicycle Routes The Project is required to provide on-site bicycle routes on East Palomar Street and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. 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. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED OT A Y RANCH VILLAGE FIVE REVISED TENTATIVE SUBDIVISION MAP (C,V.T. 96-04B) IS CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Village Five Revised Tentative Map (C.V.T. 96-04B) implements the recently approved Otay Ranch Sectional Planning Area (SPA) 03 Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Otay Ranch Village Five Revised Tentative Map (C.V,T. 96-04B) implements the SPA One Plan amendment and SPA One Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch SPA One. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report(s). IX, CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. X, APPROVAL OF TENT A TIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VII and Section IX listed above and based upon the findings and detenninations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building pennits 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. 0'{ XII. 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter Director of Planning and Building John Kaheny City Attorney (p~ ~~ \Y,0l::\ I-'-'~ Y.J€j ~ /' 1J})/~il.:;;'~ ~ \/\\::=== I-- ~~ ~~'R:3;,~~...s::\ (,'l:"~' ~V""n\n -Af\\\X ,,~~\'~~ ~~ ~ e? \.: ~.~ ;." r"R.36 7fJ: w':l ~ '" \ 0\ t:A '\. \Y..tC.--- 1ill1.7'X' _ A:...> :..--r~ . \J.J, R.J3 JO - ~ UJ.J1't0. x\\ \ill) '\ A \\U~ ~\ \ --1: .~ ,\' WR.35 r:-::-J):. ../\Y ~ K"' ~\\\\ \\ VI ?h..j}j ~,f-::; Y I" ~~~ ~ ~ I 'i3 0-(.y ~~ m ~R.26( \~~~ ~ Eh: t \\-~ ~ 1'\\ \lJ>~ ~'1l ,~';? cJ ~ ~\~ ~~ IV-~~~ \8~~ ~~ ----=:: v \\\~ 1\~~ ~ ~~~'Y ~~~~ V r- \ ~ \\\~ ~ -'~ R'3I~f~ / ,'; iM' :\ \ ~ ~... ~ Fu,"~: PUBLIC/QUASI-PUBLIC /' \ ~ ~ Cf\ :\ \ W WILLOWS, ''] S,"g/' OTAY WATER DISTRICT -\ ,~ ~vt '\\\\' H""'~ II IJ,a;'iy not apart ~ ,g ~~~ ~\\~ ~t:~,Smg/da~;>i ,=. . :....; E ~I>' MCM~LIN rT //,' ' /j ~'--;.::;< >/1 ~ ~,~/ i= EL~~~~6~RY ~:~;~ ~~)~~, ~;:'j, f7>;';1~~<~;t~ >Jf/' ~ ~ .::j ~ tTI',~ 7U;F7(; / / , / :1 "" I )COTT"~;:~OOD /:<k.,d -::;::::;-=r _______v I~ ~ EAS,~ st P."'~ r;}F~~~ ~~ \ ~ ~ multi-family ~ ---------- I' ~~ ~ J ~(, rnrrd multi-family VISTA ..J,~ \\\\\\ill ~ - . SONRISA 0"- ij _~ ~\s~~ mtamilY :2; ,\ \ ~~ *'- r1\'~ f:= ~~ \~ trJ :::i tf1 r=J~ w 'I!!JJ. J;/7 O~ ~~ , FUTURE OTAYRANCH VILLAGE 6 PROJECT LOCATION .., I~ ~ I~ IN v. \ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECTS LP PROJECT DESCRIPTION: C) APPLICANT: ' . REVISED TENTATIVE SUBDIVISION MAP PROJECT Olay Ranch, SPA One ADDRESS: Village Five Request: Revise SPA One and TM 96-04 to allocate 42.2J,Jnallocated multi-family units to neighborhoOds SCALE: FILE NUMBER R-30a&b and R-39. NORTH No Scale PCS-O 1-08r Related Cases: PCM-01-17. 15-01-043 !.ok:, Exhibit "B" Otay Ranch Village Five Revised Tentative Subdivision Map (Red Phase) (C.V,T.96-04B) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as detennined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERALIPRELIMINARY I , All of the tenns, 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 purposes of this document the tenn "Developer" shall also mean "Applicant" . 2, The Applicant shall comply with all requirements and guidelines of the City ofChula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One 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 ofthe 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. 3. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted including issuance of building pennits, 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 or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to 1 (;:;7 any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless rrom and against any and all claims, liabilities and costs, including attorney's fees, arising rrom challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended rrom time to time. 6. Any and all agreements that the Applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. ENVIRONMENTAL 8. The Applicant shall implement to the satisfaction of the Director of Planning and Building, all applicable environmental mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program for the Otay Ranch SPA One Plan dated October, 1998 (on file in the City Clerk's Office). 9, Prior to the approval of each final "B" Map, the Applicant shall comply with all applicable requirements of the Phase 1 Resource Management Plan (RMP 1), as approved and adopted by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2) as approved by the City Council on June 4, 1996 and as may be amended rrom time to time by the City. 10. Prior to the approval of each final "B" Map, the Applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan, as approved by the City Council on June 4, 1996. II, The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). 12. The Applicant shall comply with any applicable requirements of the California Department ofFish and Game, the California State Water Quality Resources Control Board, the U.S, Department ofFish and Wildlife Service and the U.S. Army Corps of Engineers. 2 Co~ SPECIAL CONDITIONS OF APPROVAL 13. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 14. Prior to the issuance of the first building permit for either parcel R-30A or R-30B, a parcel map may be submitted upon request of the City Engineer and subject to the approval of the City Engineer. 15. Prior to approval of the first final "B" map within the tentative map, and upon the request of the City Engineer, the developer may submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single- family residential units. 16. The subsequent development of a multi-family lot which does not require the filing of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple-family lots will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building issuance permit processes. 17. To the satisfaction of the Director of Planning and Building, the Applicant shall provide 1.7 acres of Community Purpose Facility land in their ownership in Village Two in order to fulfill the additional SPA One Community Purpose Facility obligation for the Project. 18, In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). DESIGN 19, Any proposed monumentationlsignage shall be consistent with the SPA One Village Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 3 G'1 20. Applicant shall provide stop sign controls, to the satisfaction of the City Engineer, prior to the approval of street improvement plans at Santa Rosa Drive and San Sebastian Avenue, Santa Rosa Drive and Geyserville Street, Geyserville Street and Jamestown Place, Parker Mountain Court and Jamestown Place, Geyserville Street and Parker Mountain Court. 21. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 22. The Applicant shall comply with the requirements of City's Fire Department's policy for Fire Prevention, as may be amended from time to time. In particular, the Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and, b. Vehicle access consisting of an asphalt or concrete surface, with a minimum standard width of20 feet designed to the satisfaction of the City Engineer, and the Director of Public Works; and, c. Street signs installed to the satisfaction of the Department of Public Works. The Department of Public Works and Fire Department may approve temporary street signs. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 23. All fire hydrant locations shall be subject to the review and approval of the Fire Marshal. 24. Prior to issuance of building permits for the R-30B, Applicant shall provide a 20-foot wide pedestrian and secondary (emergency) access from the southwest comer ofR-30B to Santa Rosa Drive. The ultimate location of said access shall be submitted and subject to the review and approval of the Director of Planning and Building and Fire Marshal. 25. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and subject to the approval ofthe Director of Planning and Building prior to approval of the appropriate final map. 26. A comprehensive fence and wall plan for the Project, indicating color, materials, height and location shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the first final "B" Map for the Project. Materials and color used 4 70 shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Prior to submittal of the fence and wall plan, a revised acoustical analysis for Neighborhoods R-30A, R-30B and R-39 shall be prepared by the Applicant and subject to review and approval by the Director of Planning and Building indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the perimeter of the Project or at any other lots backing up to East Palomar Street, Olympic Parkway, San Sebastian Avenue and at the eastern edge ofthe Project adjacent to future State Route 125. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as detennined by the Director of Planning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. Visible height shall not exceed 6-feet. The Applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be reviewed and subject to the approval of the Director of Planning and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8,5 feet. 27. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to WaITant such a revision. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 28. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first map for the Project, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to WaITant such a revision. 29. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision, Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. 5 71 Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 30. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar and Olympic Parkway b. East Palomar and Santa Rosa Drive Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by and upon the request of the City Engineer. 31. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 32, Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection. 33. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City ofChula Vista policies shall prevail. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 34. Waiver Nos, 1 and 2, as indicated on the cover sheet of the tentative map, are approved, subject to the provision that the design speed for horizontal and vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in the Chula Vista Subdivision Manual. 35, Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the 6 7~ Village Design Plans and subject to the review and approval of the Directors of Planning and Building and Public Works. b. Not protest the fonnation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 36. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code, All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Parks & Recreation and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of Parks and Recreation and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction, Applicant will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 37, The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as detennined by Federal regulations, only after construction has commenced. 38. Prior to the issuance of any rough grading pennit for the Project, the Applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the pennit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 39, On streets where cul-de-sacs are 150 feet or less in length, the Applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type 7 73 garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building, 40. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, unless otherwise approved by the City Engineer and Director of Planning and Building. 41. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 42. Street names shall be as on the approved tentative map. 43. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, Inc, as may be amended ITom time to time. The Regional Trail shall be located on the north side of Olympic Parkway as determined by the Director of Planning and Building, 44. Alleys openings shall be per San Diego Regional Standard Drawing No. 0-17, or City approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review ofthe site plan and/or improvements plans for Neighborhood R-39. These requirements shall include but may not be limited to: minimwn turning radius for alleys, comer chamfers, alley signage, lighting and unit addressing 8 71 GRADING AND DRAINAGE 45. Stonn drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which stonn water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the stonn drain system shall be public. An encroachment pennit shall be processed and approved by the City for private stonn drains within the public right-of-way or within C.F,D. maintained Open Space lots. 46. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 47, Prior to the issuance of any grading pennit for the project which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of pennission to grade and drain signed by the owner( s) of any and all proposed off-site grading. The letter shall clearly state that the off-site property owner has reviewed the subject grading plan and understands the scope of work involved to which he/she is granting pennission. The letter shall have an exhibit attached, initialed by the off-site property owner, which clearly shows the proposed off-site grading. 48. Stonn drain design shall confonn to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 49. Provide improved all-weather access with H-20 loading to all stonn drain clean-outs or as otherwise approved by the City Engineer. 50. Provide a setback, as detennined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. 51. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building, 52, Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 9 ~ 7'1 53, Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for stonn drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 54. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 55. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) pennit requirements for urban runoff and stonn water discharge and any regulations adopted by the City ofChula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P .D.E.S. General Pennit for Stonn Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities, The SWPPP shall include both,construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project's stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 56. Prior to the approval of the first final map, or issuance of the first grading pennit for the Project, whichever occurs earlier, enter into an agreement with the City ofChula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Stonn Water Pennit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold hannless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, c, That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects 10 7~ undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit, as determined by the City Engineer, d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring ofNPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. 57. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees trom perpendicular to the contours. 58, Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Applicant shall ensure that brow channels and ditches emanating trom and/or running through City Open Space are not routed through private property. Brow ditches and channels trom private property shall not be routed through City open space unless approved by the City Engineer. 59. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control plan, 60. Indicate on all affected grading plans that all walls, which are to be maintained by open space district's shall be constructed entirely within open space lots dedicated to the City. 61. Unless otherwise provided by the Olympic Parkway Financing and Construction Agreement dated April 20, 1999, prior to issuance of any grading permit for any land that is contained within the Tentative Map and within the Poggi Canyon Basin, the Applicant shall secure the required permits from the Army Corps of Engineers (ACOE) and the California Department of Fish and Game (CDFG). No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, and the City Engineer. 62. The maintenance road turnaround at the north side of the Poggi Canyon Channel shall be relocated, if necessary and upon request as determined by and to the satisfaction of the City Engineer. 11 77 SEWER 63. All sewer access points shall be located at the centerline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 64. Provide sewer access points at all changes of aligmnent of grade unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 %. 65. Design and construct all sewers ending in a cul-de-sac with a sewer access points placed in the center of the cul-de-sac, unless otherwise approved by the City Engineer. 66. Prior to the approval of the first grading plan for the project, provide an access road with a minimum width of 12 feet to all sanitary sewer access points located outside of a street. The access roadway shall be provided with minimum 6-inch thick PCC pavement with a minimum reinforcement of #4 bars at 18 inches each way, but in no case shall the roadway be designed for less than an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 67. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 68. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed unless approved by the City Engineer. Only temporary diversion may be approved and only in the event of lack of capacity for the Project in the Poggi Canyon trunk sewer or sewer facilities farther downstream. Prior to the approval of any diversion by pumping to the Telegraph Canyon Basin, the Applicant shall enter into an agreement with the City to finance the costs associated with the installation, operation, maintenance, repair, replacement and eventual decommissioning and removal of any required pumping station and connection of the Project to the Poggi Canyon trunk sewer (when capacity is available), in accordance with City Council Policy 570-03 (Sewage Pump Station Financing Policy). The Applicant shall pay the Telegraph Canyon Pumped Flow Sewer DlF prior to the issuance of building pennits for any dwelling units in the Project pumping to the Telegraph Canyon Basin. 12 77" PARKS AND OPEN SPACE 69. The project shall satisfY the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 per residents. Local parks are comprised of community parks and neighborhood parks. 70, The Applicant shall agree and acknowledge in writing, prior to the first "A" map and subsequent to this tentative map, that approval of the Project creates an additional 2.61 acres of parkland obligation ("Additional Park Land Obligation"). The Applicant's Additional Park Land Obligation shall be satisfied through the dedication of Community parkland and the payment of community park improvement fees. 71, Prior to the approval of the first "B" map for the Project, the Applicant shall submit and be subject to the approval of the Director of Parks and Recreation, a community park delivery schedule that demonstrates delivery of the community park within a time frame deemed reasonable by the Director of Parks and Recreation. 72, The Applicant shall deliver to the City contemporaneously with the first "A" map for the Project an Irrevocable Offer of Dedication for 2.61 acres of real property for Community Park dedication within the Applicant's property in Village Two in a location acceptable to the Director of Parks and Recreation, or as otherwise detennined by the Director of Parks and Recreation, 73. The location of the Additional Parkland Obligation (Community Park) shall be within a services radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation, The Additional Parkland Obligation (Community Park) may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. Upon request of the Director of Planning and Building, the Applicant shall amend the Otay Ranch GDP to reflect the actual location of the community park, and any amendment shall be at the Applicant's expense. 74. Prior to the issuance of the first building pennit for either Neighborhood R-30 or R-39, whichever occurs first, Applicant shall complete construction of Heritage Park (P-I) in Village One. "Complete Construction" means that construction of Park P-l has been completed to the satisfaction of the Director of Parks and Recreation, but shall be prior to and shall not include the City's established maintenance period required prior to acceptance of the park by the City for public use. 75, Within 30 days of approval of this Tentative Map the Applicant shall submit an Amendment to the Otay Ranch Park Agreement ("Agreement") to the Director of Parks and Recreation to incorporate these tentative map conditions. The Applicant shall fully cooperate with the City in the Amendment to the "Agreement" to reflect all applicable current parkland and park improvement obligations. 13 7Cj 76, Trails/Open Space: a. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as detennined by the Director of Parks and Recreation b. The Applicant shall construct the Regional Trail on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan, The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes". Ifretaining walls are necessary, they should be kept to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum pennitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landfonn grading policies shall be observed. If a combination of low retaining walls and modified landfonn grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary. g, Prior to the installation of the Regional Trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the nonnal channel maintenance, The specific locations where the fence will be allowed and the fence details shall be as detennined by the City Engineer and Director of Parks and Recreation. OPEN SPACE/ASSESSMENTS 77, Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of a revised Otay Ranch SPA One Maintenance Responsibility Map from the Director of Planning and Building, which shall include delineation of private and public streets. b, Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the fonnation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those 14 ~o _._.._._.____ . -- '+-+-"P-'-- ._.~. ,___._ landscaping improvements that are not to be included in the proposed Open Space District. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. 78. Prior to the approval of the first map within the Project, the Applicant shall offer for dedication in fee interest to the City, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 79. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 80. For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided prior to issuance of the rough grading permit, and to the satisfaction of the Director of Planning and Building, City Engineer, City Attorney and Director of Parks and Recreation. 81. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured ITom face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. 82. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 83, The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 84, Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as 15 ~( determined by the City Engineer and the Director of Parks and Recreation, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD' s Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Parks and Recreation. UTILITIES 85. Present verification to the City Engineer in the form ofa letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities, 86. AIl utilities within the subdivision shaIl be underground in accordance with the Municipal Code. Present verification to the City Engineer in the form of a letter from Sempra Energy, Pacific Bell and/or similar entities and cable service providers that electrical, telephone and cable service distribution facilities within the subdivision will be underground. EASEMENTS 87. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 88, Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 89, Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 16 <6,).. 90. Grant to City on all appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 91, Storm drain easements shall be private unless the storm drain systems therein are public. 92. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 93. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. 94, The developer shall notifY the City at least 60 days prior to consideration of the final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a, Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d, Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. 17 <63 AGREEMENTS/FINANCIAL 95. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: (i). Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii). Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance, (iii). The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. 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 as approved by the City's Director of Planning and Building and the Public Works Director. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City ofChula Vista. d. That the City may withhold the issuance of building permits for the Project, should 18 g'f the Developer be detennined by the City to be in breach of any of the tenns of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such detennination and allow the Developer reasonable time to cure said breach e. Hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 96. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the fonnation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 97, The Applicant shall comply with all previous Agreements as they pertain to the tentative map. MISCELLANEOUS 98. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved fonn, The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) fonnat and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (poly lines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 Y:," disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 99. Submit copies of all final maps, grading and improvement plans in a digital fonnat. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) fonnat and shall contain the following individual layers: a Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) 19 ~~ c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The final map, grading plan and improvement plan digital files shall also conform to the City ofChula Vista Subdivision Manual requirements therefore, The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 'i1" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. I 00, Tie the boundary ofthe subdivision to the California System-Zone VI (1983). 101. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (I) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifYing financing options for necessary facilities. 102, The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City ofChula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. 103, If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "8" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "8" Map and improvement plans) will be approved, All work performed by the developer prior to approval of the applicable "8" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "8" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land ifthe applicable final "8" Map does not record. 20 ~0 -"".-.....--.- --_....----- .,------ --...-...--..-,----. --.-- ,- .---'''.,.---.---.-..---.-- PHASING 104. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the fight to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. 105. The Public Facility Finance Plan and all revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update~ including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities. CODE REQUIREMENTS 106. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 23. 107. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 108. Pay the following fees in accordance with the City Code and Council Policy, as may be amended from time to time: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 109. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 110. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. III. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 112. The Applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 113. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 114. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The Applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the 22 ~g- Applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 115. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. GUARDED AREAS 116. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the Applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 117. Parks located within guarded areas shall not receive park credit. 118. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map. 119. All private streets within Final "B" Maps shall be included in separate lots. The Applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 120. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 23 <6, . _ .'._........._.,_,._.._.._..._... ~~._.__.~ .m_.._~___,__~._._. _._ "___~'_' _ _....____ 121. Establish Homeowners Associations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. 122. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 123. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities, which will be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs and catch basins). H:\PLANNINGIOtay _ Ranchl V 5_ Revised JM ]hase2A&5 _ Cond.doc 8/13/0111:lOAM 24 10 ~ - THE CITY OF CHULA VISTA DISCLOSURE STATEMENT PurSUanlto Counc.iI Policy 101-01, prior to any action upon mailers which will require disc.rc.tionary action by the Council, Planning Commission and all othc.r official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chub Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the applicatio;" or the contnlct, e.g., owner, applicant, contractor, subcontractor, material supplier. Otav PTo-'jp-et: T..P. 2. If any person* identified pursuant 10 (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Jim Baldwin AI Baldwin 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this mailer? Jim Ba1dwin 'lfcnfo lI.~et:J Al Baldwin Ranie HuntpT Kim Kilkenny Chuck Cater 5. Has any person* associated with this conttact had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No~ i ( ATTACHMENT #8 ., If Yes, briefly describe the nature of the financial interest the official,;* may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes ~ If yes, which Council member? . 7. Have you or any member of your governing board (I.e. Corporate Board of DirectorslExecutives, non-profit Board of Directors made contributions totaling more than $1,000 over the pa~ four (4) years to a current member of the Chula Vista City Council? Yes_ No~ If Yes, which COW1cil member? 8. Have you provided more than $300 (or an item of equivalent value) to an offlciald C)f the City of Chula Vista in the past twelve (12) months? (I1Us includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No-X- If Yes, which official" and what was the ilature of item provided? Date: 2/i~;;'1 . c~ . Signa of Contractorl Applicant /?'1t'4A(,(j'$" I!gr~ . Print or type name of .Contractorl Applicanl..- . Person is deImcd as: any individual, firm, co-putneDhip, joWl venture, association, social club, fraternal organization, carporatian. est3LC, 1IUSt, receiver, syndicatc, aJJY other caUllty, city, municipality, disuict, or other' political subdivisioD, -or any other group or combination acting as a unit. +. Official includes, but is not limited ta; Mayor. Council member, PlaDDing Commissioner, Member of a board. cammission. or committee of the City, employee, or staff members. H:\HOME\ENGINEER\ADM!N\CONTRAC1\STU.5200.23 (Boaer MiD! ~d- Page 8, Item_ Meeting Date 8/22/0 I CONCLUSION: Staff believes that the amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies, and recommends approval of the amendments and Revised Tentative Map subject to the SPA One Conditions of Approval (see Council Resolution No. , Exhibit 'B'), and Revised Tentative Map (C.V.T. 94-068) Conditions of Approval (see Council Resolution No. , Exhibit 'B'). Attachments ] . Locator Map 2. Revised Tentative Subdivision Map (C.V.T. 96-04B) 3. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning District Map and proposed amendments to the Village Design Plan; Parks. Recreation, Open Space and Trails Master Plan: and SPA One Affordable Housing Plan. 4. Otay Ranch SPA One Amendment Planning Commission Resolution (PCM 01-17) 5. Otay Ranch SPA One Amendment Draft City Council Resolution No. 6. Otay Ranch Village Five Revised Tentative Map Planning Commission Resolution (PCS 01-08) 7. Otay Ranch Village Five Revised Tentative Map Planning Draft City Council Resolution No. 8. Disclosure Statement l P1A:-..:,r\(1 () 1..\ YI\.1\CII TfI\T_\I.-\P V] \\ ~(HIl!l_R~\ j"cd PC .....lTRPT.d\h.. '13