HomeMy WebLinkAboutPlanning Comm Reports/2001/09/26
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Council Chambers
276 Fourth Avenue, Chula Vista
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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.
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6:00 p.m
Wednesday, September 26, 2001
CALL TO ORDER
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ROLL CAWMOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
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August 29, 2001
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
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1. PUBLIC HEARING: Consideration of an appeal to DRC 01-50 approval for 123 multi-
family units.
Staff recommends continuation of public hearing to October 10, 2001.
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2. PUBLIC HEARING: PCM 02-03; Consideration of an amendment to the Amended and
Restated Development Agreement between the City of Chula Vista
and The Eastlake Company, LLC for Eastlake III (Trails, Woods,
Vistas, Business Center II, Olympic Training Center and "Land
Swap" parcels) - The Eastlake Company.
3. PUBLIC HEARING:
A. Consideration of the Final Second Tier Environmental Impact Report (EIR 01-02)
for the Otay Ranch General Development Plan (GDP) AmendmentsNillage 11
Sectional Planning Area (SPA) Plan and Conceptual Tentative Map TM.
B. GPA 01-06 and PCM 99-14; Request to amend the City of Chula Vista General Plan
and the Otay Ranch General Development Plan for Villages Seven, Nine, 10, 11 and
Planning Area 12 (Freeway Commercial and Eastern Urban Center) including
realignment of arterial roads and adjustments of village boundaries, reorganization
of land use designations and reorder of village phasing. Applicant: The McMillin
Companies, Brookfield Shea Otay and the City of Chula Vista.
Planninf\ Commission
- 2-
September 26, 2001
C. PCM 99-15; Consideration of a Sectional Planning Area (SPA) Plan, and supporting
regulatory documents including Planned Community District Regulations, Village
Design Plan, Public Facilities Finance Plan, and Affordable Housing Program
involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the
eastern edge of the Otay Valley Parcel, between the future extension alignment of
Hunte Parkway, Olympic Parkway and Eastlake Parkway. Applicant: Brookfield
Shea Otay, LLC
DIRECTOR'S REPORT
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
Item: ;::;
Meeting Date: 9I26/ot
ITEM TITLE:
Public Hearing: PCM-02-03; Consideration of an amendment to the
Amended and Restated Development Agreement between the City ofChula
Vista and The EastLake Company, LLC. for EastLake III (Trails, Woods,
Vistas, Business Center II, Olympic Training Center and "Land Swap"
parcels)- The EastLake Company.
This item is a request to consider an amendment to the Amended and Restated Development
Agreement for EastLake III. The original development agreement for EastLake III was executed and
recorded in April, 1990. Subsequently, in February 2000, the City Council approved the Amended
and Restated Development Agreement in order to extend the expiration date of original agreement to
the year 2010; update the agreement to reflect current City codes and ordinances; consolidate
previous park agreements into one document and make available certain lands for a university site
within the EastLake property.
The proposed amendment to the Amended and Restated Development Agreement is primarily to: I)
incorporate recently approved project entitlements (Eastlake III GDP and SPA), including the
maximum number of permitted dwelling units, into the Agreement as existing Project Approvals; 2)
clarify that The EastLake Company is now the owner of properties covered under this agreement;
and 3) update and further clarify EastLake's park obligations, including the acquisition of5.6 acres
from Rolling Hills Ranch to satisfy a portion of the EastLake III development park requirement.
The Development Agreement covers the following parcels: a) 108.8 acres located north of Olympic
Parkway between the future SR-125 freeway alignment and the existing EastLake Greens
development boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of
Otay Lakes Road west of future SR-125 freeway (Northern "Land Swap" parcel); c) 322.2 acres
located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails);
d) 108 acres located on the north side of Otay Lakes Road between Lane Avenue and Hunte Parkway
(EastLake Business Center II); and e) 950 acres east of Hunte Parkway known as EastLake III GDP
(Woods, Vistas neighborhoods and Olympic Training Center) (see Locator).
The Environmental Review Coordinator has determined that the amendment to the Amended and
Restated Development Agreement between the City of Chula Vista and the EastLake Company,
LLC,. for Eastlake III is not a project as defined by the California Environmental Quality Act
(CEQA Guidelines, Section 15378).
RECOMMENDATION:
Adopt attached Resolution PCM 02-03, recommending that the City Council approve the proposed
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Page No.2, Item:
Meeting Date: 9/26/01
amendment to the Amended and Restated Development Agreement for EastLake III, and place the
Ordinance on first reading.
DISCUSSION:
Background:
As indicated, The EastLake Company and the City entered into a development agreement in 1990.
At that time, the primary reason for entering into the agreement was the developer's willingness to
donate 150 acres of land to the Olympic Training Center valued at $13 million; make capital
contributions of $3 million and to provide approximately $8 million in public infrastructure
improvements to the San Diego National Sports Foundation and the U.S. Olympic Training Center.
The developer also accelerated certain other public improvements required for the Project. In
exchange, the City vested the developer's entitlements, including the intensity and density of
development then approved for EastLake III (Trails, Woods, Vistas, Business Center Expansion and
Olympic Training Center site), and provided certain other protections and benefits.
In February, 2000, the development agreement was amended and restated to make available certain
lands needed for the "University Site" within the EastLake property. Approval ofthe Amended and
Restated Development Agreement implemented a key provision which is linked to bringing
EastLake's portion of the University Site (see Locator) to fruition and extended the term of the
agreement to 2010.
Amendments:
The proposed new amendment to the Amended and Restated Development Agreement incorporates
the recently adopted EastLake III General Development Plan (GDP) and SPA, which changed the
maximum number of dwelling units which could be developed in the Woods and Vistas
neighborhoods (Entitlements), and modified the park acreage requirement within the EastLake III
GDP area (Parks). It also changes the ownership oflands covered under this agreement to The
EastLake Company as the sole owner of the parcels involved.
Parks:
The proposed amendment to the Development Agreement changes the Eastlake III park obligation
from 17 to 18.25 acres. To satisfy 5.6 acres of the new park acreage requirement, the City and
EastLake have entered into an agreement with Pacific Bay Homes, Rolling Hills Ranch master
developer, to acquire land immediately adjacent to the north. The Developer will also pay cash for
park improvements per the Park Ordinance.
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Page No.3, Item:
Meeting Date: 9/26/01
Property ownership:
Under the Restated Development Agreement, The EastLake Company held an enforceable right to
acquire the subject properties owned by Western Salt Company. In March this year, the EastLake
Company acquired the property from Western Salt Company and is now the property owner.
Entitlements:
On July 2001, the City Council approved the EastLake III General Development Plan, Sectional
Planning Area (SPA) plan, and associated regulatory documents for EastLake III. The recently
adopted GDP and SPA increased the number of permitted dwelling units from 1767 to 2061 (294
additional dwelling units). The new Eastlake III GDP and SPA entitlements, including the new
maximum number of dwelling units, is reflected in the proposed amendments to the Development
Agreement.
Benefits to the City:
The benefits to the City, which include the university considerations and the advanced funding for
the construction to the park facilities, remain the same as in the previously adopted restated
development agreement.
Benefits to the Developer:
The benefits to the developer remain as in the previous agreement, including: 1) the vested right to
proceed with the development of the of the Property in accordance with the approved land uses,
densities and intensity of uses; 2) assurance that land use regulations and policies applicable to the
development of the Property will remain unmodified during the term of the agreement except as
further clarified by the provisions of the document and 3) assurance that Future Discretionary
Reviews and Approvals, when granted by the City, shall become, for purposes of the agreement,
Existing Project Approvals (see Section 1.9.4). Section 4.1 ofthe Agreement further states that the
Developer shall have the right to develop the project for the land uses and to the densities and
intensities ofland use set forth in the Existing Project Approvals.
CONCLUSION:
In sum, the benefits of the subject amendment are unchanged from the original agreement and are
similar to the benefits the City has provided in its various other development agreements.
For the reasons noted above, staff recommends approval of the project in accordance with the
attached Planning Commission Resolution.
3
Page No.4, Item:
Meeting Date: 9/26/01
Attachments
1 . Locator
2. Draft Planning Commission Resolution
3. Draft City Council Ordinance
4. Second Amended EastLake III Development Agreement
5. Ownership Disclosure Statement
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ATTACHMENT 1
LOCATOR
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LAND SWAP
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OLYMPIC TRAINING
CENTER (OTC)
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FUTURE UNIVERSITY SITE
45 Acres
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT The Eastlake Company PROJECT DESCRIPTION:
C9 APPLICANT: DEVELOPMENT AGREEMENT
AMENDMENT TO
PROJECT Eastlake
ADDRESS: Request: Second amended and restated development
agreement for Eastlake III.
SCALE: FILE NUMBER: ~
NORTH No Scale PCM-02-03
ATTACHMENT 2
DRAFT PLANNING COMMISSION RESOLUTION
7
RESOLUTION NO PCM-02-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO AMENDED AND THE RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
EASTLAKE COMPANY, LLC. FOR EASTLAKE III (TRAILS, WOODS,
VISTAS, BUSINESS CENTER EXPANSION, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS).
WHEREAS, on August 3, 2001, the EastLake Company ("Developer") filed an
application with the Planning and Building Department of the City of Chula Vista
requesting an amendment to the Amended and Restated Development Agreement between
the City ofChula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods,
Vistas, Business Center Expansion, Olympic Training Site and "Land Swap" parcels)
("Project"); and,
WHEREAS, the proposed project involves the following parcels: a) 108.8 acres
located north of Olympic Parkway between future SR-125 freeway alignment and the
existing EastLake Greens development boundaries (Southern "Land Swap" parcel); b) 24.7
acres located on the south side of Otay Lakes Road west of future SR-125 freeway
(Northern "Land Swap" parcel); 3) 322.2 acres located east of Hunte Parkway between Otay
Lakes Road and Olympic Parkway (EastLake Trails); 4) 108 acres located on the north side
ofOtay Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center
Expansion); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods,
Vistas neighborhoods and Olympic Training Center) ("Project Site"); and,
WHEREAS, the project consists of amending the Amended and Restated
Development Agreement between the City of Chula Vista and The EastLake Company,
LLC to reflect the recently adopted EastLake III General Development Plan and Sectional
Planning Area (SPA) Plan permitted number of dwelling units, and change in the property;
Developers Interest Section of the Agreement to reflect The EastLake Company as the sole
owner of all lands covered by this agreement. The amendments to this agreement will also
clarifY developers park obligations; and,
WHEREAS, the Environmental Review Coordinator has determined that the
Amended and Restated Development Agreement between the City of Chula Vista and the
The EastLake Company, LLC for Eastlake III is not a project as defined by the California
Environmental Quality Act (CEQA Guidelines, Section 15378); and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the amendment to the Development Agreement and notice of said hearing, together with
its purpose, was given by its publication in a newspaper of general circulation in the city and
its mailing to property owners and tenants within 500 feet of the exterior boundaries of the
property at least 10 days prior to the hearing; and,
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WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., September 26, 200], in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the amendment to the
Amended and Restated Development Agreement for EastLake III in accordance with the
attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to
the City Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted
( ) to recommend approval of the Project.
AYES:
NOES:
ABSENT:
Kevin 0' Neil, Chairperson
ATTEST:
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ATTACHMENT 3
DRAFT CITY COUNCIL ORDINANCE
10
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPOVING AN AMDENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE
COMPANY, LLC. FOREASTLAKE III (TRAILS, WOODS, VISTAS,
BUSINESS CENTER PHASE II, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS).
1. RECITALS
A. Project Site
WHEREAS, the areas of land which are subject to this Ordinance are diagrammatically
represented in Exhibit A of the Second Amended and Restated Development Agreement,
and for the purpose of general description herein consists of: I) I 08.8 acres located north of
Olympic Parkway between the future SR-125 rreeway alignment and the existing EastLake
Greens development boundaries (Southern "Land Swap" parcel) b) 24.7 acres located on the
south side of Otay Lakes Road west of the future SR-125 rreeway (Northern "Land Swap"
parcel); 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and
Olympic Parkway (EastLake Trails); and 4) 108 acres located on the north side of Otay
Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center Phase
II); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods, Vistas
neighborhoods and Olympic Training Center) ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on August 3, 2001, the EastLake Company
("Developer") filed an application with the Planning and Building Department of the City
of Chula Vista requesting an amendment to the Amended and Restated Development
Agreement between the City of Chula Vista and the EastLake Company, LLC. for
EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site
and Land Swap) ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the Amended and Restated Development Agreement between the City
of Chula Vista and the EastLake Company, LLC for Eastlake III (Trails, Woods, Vistas,
Business Center Expansion, Olympic Training Center and Land Swap) was previously
approved by the City Council on February 22, 2000, Ordinance No. 2805; and
WHEREAS, the original EastLake III Development Agreement was previously
approved by City Council on February 27, 1990, Ordinance No. 2356; and
II
Ordinance No.
Page 2
WHEREAS, the EastLake !II General Development Plan and Sectional Planning
Area (SPA) plan were previously approved by City Council Resolution No. 2001-220 on
July 17, 2001 and Planned Community District Regulations approved by City Council
Ordinance No. 2839 on July 24, 2001; the EastLake Greens Sectional Planning Area (SPA)
plan previously approved by City Council Resolution No. 15199 ("East1ake Greens (SPA)
plan") and Planned Community District Regulations previously approved by City Council
Ordinance No. 2317 (EastLake II-Eastlake I Expansion-Planned Community District
Regulations) on July 18, 1989; the EastLake Trails Sectional Planning Area (SPA) plan
previously approved by City Council Resolution No. 19275 on November 24, 1998 and
Planned Community District Regulations previously approved by City Council Ordinance
No. 2765 on December 8, 1998; and
WHEREAS, a modification to the boundaries of the EastLake II General
Development Plan (GDP) to reflect the annexation of 108 acres of Research and Limited
Manufacturing (Business Center II) and modification to the EastLake I Sectional Planning
Area (SPA), to reflect the incorporation of 108 acres of Research and Limited
Manufacturing (Business Center II) was previously approved by the City Council on
November 16, 1999 and a modification to the boundaries of the Eastlake III General
Development Plan to remove 108 acres of Research and Limited Manufacturing (Business
Center II) was approved by City Council Resolution No. 2001-220 on July 17,2001.
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
project on September 26,2001, and voted to recommend that the City Council approve the
amendment to the Amended and Restated EastLake III Development Agreement; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at their public hearing on this Project held on September 26, 2001, and the
minutes and resolutions resulting thererrom, are hereby incorporated into the record of this
proceeding.
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City ofChula Vista on October 9,2001, on the Project and to receive
the recommendations of the Planning Commission, and to hear public testimony with regard
to the same.
II. NOW, THEREFORE, the City of Chu1a Vista does hereby find, determine and ordain
as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA
The Enviromnental Review Coordinator has determined that the amendment to the
Amended and Restated Development Agreement between the City of Chula Vista and The
(J......
Ordinance No.
Page 3
EastLake Company, LLC, for EastLake !II is not a project as defined by the California
Environmental Quality Act (CEQA Guidelines, Section 15378); and,
B. COMPLIANCE WITH THE CITY GENERAL PLAN
The City Council has determined that the Development agreement as proposed to be
amended, is consistent with the City's General Plan, all applicable mandatory and optional
elements of the General Development plan for EastLake III as well as all other applicable
policies and regulations of the city in that the Development agreement would vest the right
of the Developer to develop the subject property in a manner consistent with the regulations
found in those documents; and,
C. APPROVAL OF AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
In accordance with Section 65867.5 of the Government Code, the City Council of
the city of Chula Vista hereby approves the document entitled Second Amended and
Restated Development Agreement Between the City of Chula Vista and The EastLake
Company, LLC, for EastLake III (Trails, Woods, Vistas, Business Center Expansion,
Olympic Training Site and Land Swap).
III. INVALIDITY; AUTOMATIC REVOCATION
The Mayor of the City of Chula Vista is hereby authorized and directed to execute
said Agreement on behalf of the City of Chula Vista.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in force on the thirtieth day rrom after its
adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the amendment to the Amended and Restated
Development Agreement in the office of the County Recorder.
Presented by:
Approved as to form by:
Robert A. Leiter
Planning & Building Director
John M. Kaheny
City Attorney
13
ATTACHMENT 4
SECOND AMENDED EASTLAKE III
DEVELOPMENT AGREEMENT
If
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Mr. William T. Ostrem
The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Space Above This Line For Recorder's Use Only
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC
FOR
EASTLAKE III
(TRAILS, WOODS, VISTAS, BUSINESS CENTER EXPANSION,
OLYMPIC TRAINING SITE AND LAND SWAP)
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SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC FOR
EASTLAKE III
This Second Amended and Restated Development Agreement ("this Agreement") is entered
into on , +999 2001, between THE EASTLAKE COMPANY, LLC, a California
limited liability company as successor-in-interest to EastLake Development Company, a Califomia
general partnership ("Developer"), and the CITY OF CHULA VISTA, a municipal corporation
having charter powers ("City"), with reference to the recitals set forth herein below which are
incorporated herein by reference as if set forth fully.
1. Recitals.
1.1 The Original Development Agreement. Developer and City entered into that
certain Development Agreement between the City of Chula Vista and EastLake Development
Company for EastLake III executed by the mayor of the City of Chula Vista on April 6, 1990, and
recorded in the official records of the County of San Diego on April 9, 1990, as Document
Number 90-189782 (the "Original Development Agreement").
1.2 W@stern Salt L@tt@r ofInt@nt. Deyelop@r, City aflG W@st@m Salt Company, a
California corporation ("W@stern Salt"), hays entemd into that certain Lett@r ofInt@nt affecting th@
Original D@'/@Iopment Agr@@ment ("L@tt@r ofIntent") and oth@r issu@s betw@@n th@ parti@s.
1.2 Amendment ofthe Development Agreement. Upon execution of the Letter of
Intent, City and Developer agreed to commence and diligently process for the City Council's
approval an amendment to the Original Development Agreement to extend the term of the Original
Development Agreement for a period often years, provided that the parties also mutually agree upon
updates to reflect current policies, ordinances and procedures as provided in Section l.a. ofthe Letter
ofIntent. Such amendment also was understood to include incorporation ofthe Land Swap Parcel,
as depicted on Exhibit A-I and described in Exhibit A-2, into the amendment to the Original
Development Agreement, as provided in Section l.b. of the Letter of Intent.
1.43 University of California Site. In exchange for processing such an amendment
to the Original Development Agreement, Developer agreed that City may offer to the University of
California certain real property described in the Letter ofIntent ("University Site") subject to City
attaining ownership of the University Site in accordance with a certain Offer Agreement
memorializing the terms of the Letter ofIntent as provided in Section I.b. of the Letter ofIntent.
I.M Amended and Restated Development Agreement. The Original Development
Agreement was subsequently amended to include the provisions described in paragraph 1.2 herein,
by that De'/@lop@r and City entered into that certain Amended and Restated Development Agreement
between the City ofChula Vista and The EastLake Company, LLC fur EastLak@ III executed by th@
Mayor of the City of Chula Vista on March 3l, 2000 and recorded in the official records of the
County of San Diego on April 5,2000 as Document Number 2000-0173440 (the "Amended and
h:\attorney\annm\eastla3.doc
l(c
Restated Development Agreement").
1.5 Second Amended and Restated Development Agreement. The parties intend
this Agr@€ffi@nt to 00---tJw amendment to the Original Development Agreement the Amended and
Restated Development Agreement herein referred to as the Second Amendment and Restated
Development Agreement (herein referred to as the "Second Amended Development Agreement" or
"Agreement") d@scribed in Section l.a.2.b.iii ofthe L@tterofIntent. The parties intend this Second
Amended Development Agreement to supersede and replace the Original D@v@lopmentAgre@m@nt
aOO Amended and Restated Development Agreement in its entirety~
1.6 City's Authority to Enter into Development Agreement. City, as a charter
city, is authorized under Resolution No. 11933, California Government Code ~ 65864, et seq., its
Charter, and its self-rule powers to enter into binding development agreements with persons having
legal or equitable interests in real property for the purposes of assuring, among other things,
(I) certainty as to permitted land uses in the development of such property, (ii) the construction of
adequate public facilities to service such property, and (iii) the provision of equitable reimbursement
for the construction of public facilities of excessive size or capacity.
1.7 The Property; Developer's Interest. Developer holds an enforceabl@ right to
acquir@ is the owner of the Property depicted in Exhibit A-I and described in Exhibit A-2, both of
which are attached hereto and incorporated herein (the "Property"). The development of the
Property, which consists of projects commonly known as EastLake Trails, Panhandle Site, EastLake
Woods, EastLake Vistas, an expansion of the EastLake Business Center, the Olympic Training
Center and the Land Swap Parcel, is the subject of this Agreement. Developer is master-planning
the Property as the third phase ofthe EastLake Planned Community. Developer represents that it ~
the owner of has a legal inten.Jst in the Property and that all other persons holding any legal or
equitable interest in the Property will be bound by this Agreement.
1.8 Benefits to City. As facilitated by this Agreement and the previous
Development agreements with Developer described herein, the construction of the EastLake III
General Development Plan Area and the Land Swap Parcel pursuant to the General Development
Plans and Text and the Municipal General Plan of City, as well as the anticipated public facilities
required by the Public Facility Financing Plan, will result in the design, financing and construction
of millions of dollars of public facilities and amenities in conjunction with the development of
residential, commercial, recreational and open space uses. Specifically, by virtue ofth@ Q@v@lopmeRt
of East Lake III and the Land Swap Parcel, City will derive or have received the following benefits:
1.8.1 The funding of construction of park facilities meeting City's
requirements in accordance with City's Ordinances and this Agreement; and
1.8.2 The funding or construction of streets designed to provide adequate
and safe transportation to its residents; and
1.8.3 Developer has completed the donation of approximately 150 acres
with a market value in excess of Thirteen Million Dollars ($13,000,000.00) as a site for the Olympic
Training Center; and
1.8.4 Developer has contributed Three Million Dollars ($3,000,000.00) in
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capital contributions and approximately Eight Million Dollars ($8,000,000.00) in public
inrrastructure to the San Diego National Sports Foundation and the U.S. Olympic Committee
towards the provision of the Olympic Training Center, and the extension of municipal services
necessary for the site's operation; and
1.8.5 Developer has contributed advance funding for park facilities of no
less than One Million Three Hundred Ninety-One Thousand Two Hundred Sixty Dollars
($1,391,260.00) following the approval ofthe first residential tentative map for EastLake Trails; and
will contribute Two Million One Hundred Thirty-Five Thousand Dollars ($2,135,000.00) for the first
residential map in EastLake III (other than Eastlake Trails) as against the Project's ultimate PAD
Fees; and
1.8.6 Sewer, water, sales tax and property tax revenues; and
1.8.7 Developer's contribution towards the provision offacilities of regional
significance both within and outside the boundaries of the Property.
1.9 Intentions of Parties in Entering into This Agreement. Developer and City
intend to enter into this Agreement for the following purposes;
19.1 To assure Developer's participation in the construction and financing
of public facilities pursuant to one or more Financing Plans which shall be formulated prior to the
commencement of any private or public construction activities on the Property; and
1.9.2 To provide Developer with certainty that the land use regulations and
policies applicable to the development of the Property will remain umnodified during the term ofthis
Agreement except as provided for herein; and
1.9.3 To assure Developer of its vested right to proceed with the
development ofthe Property to the land uses, densities and intensity of uses as provided below; and
1.9.4 To assure Developer that Future Discretionary Reviews and
Approvals, when granted by City, shall become, for purposes of this Agreement, Existing Project
Approvals; and
1.9.5 Developer has provided 150 acres of land, Three Million Dollars
($3,000,000.00) in capital and approximately Eight Million Dollars ($8,000,000.00) in public
infrastructure to the benefit of the San Diego National Sports Foundation and/or the U.S. Olympic
Committee, in return for such donation and the other covenants contained herein as the total
consideration for the vesting of Developer's rights herein, including the vesting of Existing Project
Approvals of Future Discretionary Reviews and Approvals upon their granting by City, without the
need for further consideration or compensation to City in return for such vesting.
1.10 Adoption of Ordinance Approving Agreement. The Original Development
Agreement was first introduced on February 6, 1990, and on February 27, 1990, the City Council
adopted Ordinance No. 2356 approving the Original Development Agreement. The Ordinance took
@ffect on , 19 . This Agreement The Amended and Restated Development
Agreement was first introduced on February I, 2000, ~ and on
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February 22, 2000, +999, the City Council adopted Ordinance No. 2805 approving this said
Agreement. The Ordinance will take took effect on . March 23, 2000. The Second
Amended and Restated Development Agreement was first introduced on and on
the City Council adopted Ordinance No. approving this Agreement. The
Ordinance took effect on ,2001.
1.11 Findings of City Council. The City Council has found that this Agreement is
consistent with City's General Plan and all applicable mandatory and optional elements thereof, the
General Development Plans and Text for the Property, as well as all other applicable policies and
regulations of City.
2. Definitions. In this Agreement, unless the context otherwise requires:
2.1 "Builder" or "Merchant Builder" means a developer to whom Developer has
sold, leased or conveyed property within the Property for the purpose of its improvement for
residential, commercial or industrial use.
2.2 "City Council" means the City Council of the City ofChula Vista.
2.3 "Commit" means all of the following requirements have been met with respect
to any public improvement.
2.3.1 All discretionary permits have been obtained for construction of the
improvement;
2.3.2 Plans for the construction ofthe improvement have all the necessary
governmental approvals; and
2.3.3 Adequate funds (i.e., letters of credit, cash deposits or performance
bonds) are available such that City can construct the improvement if either (I) construction has not
commenced within 30 days of issuance ofa notice to proceed by the Director of Public Works, or
(ii) construction is not progressing towards completion in a manner considered reasonable to the
Director of Public Works.
2.4 "Developer" means The EastLake Company, LLC, a California limited
liability company as successor-in-interest to EastLake Development Company, a Califomia general
partnership, and the legal persons to which or to whom it may assign all or any portion of its rights
under this Agreement.
2.5 "Developer's Donations to the Olympic Training Center" or "Developer's
Donations" consisted of donation of (I) 150 acres of property, (ii) Three Million DolIars
($3,000,000.00) in working capital, and (iii) approximately Eight Million Dollars ($8,000,000.00)
worth of inrrastructure improvements, or other such donations of land, working capital and public
infrastructure for the provision ofthe Olympic Training Center, as Developer and the U.S. Olympic
Committee and/or the San Diego National Sports Foundation have agreed to or may agree to from
time to time in their sole discretion.
2.6 "Effective Date" shall be the date upon which the Ordinance approving this
Agreemcnt will first take effect pursuant to the laws of the State of California, as described in
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Section 1.~10 above.
2.7 "Existing Approvals" or "Existing Project Approvals" shall mean all
discretionary approvals and/or standards which have been approved in conjunction with or preceding
the approval of this Agreement, as they relate to both the Project and the public improvements,
consisting of, but not limited to:
2.7.1 The "General Development Plans and Text," consisting of two General
Development Plans (EastLake II and EastLake III), as amended and Text adopted for the Property as
they existed as of the date of first introduction of this Agreement;
2.7.2 The EastLake III Planned Community District for the Property set
forth in Ordinance No. 2345;
2.7.3 The EastLake Trails SPA and Tentative Map and Final Map approvals;
2.7.4 The EastLake Greens SPA and its amendment adopted on
1999;
2.7.5 The "General Plan," as it existed as ofthe date of the first introduction
of this Agreement as provided in Section 1.~ 10 above, including the EastLake III General Plan
Amendment and GPA-90-04, GPA 01 07 which was adopted by Resolution No. 15506 onJlIly 17,
;ww. February 6, 2001, and the General Plan Amendment GP A-01-07 adopted by Resolution No.
on July 13,2001
In addition, the Existing Project Approvals and further discretionary reviews and approvals shall
include the "General Plan" and upon approval by City and written acceptance by Developer, all
"Future Discretionary Reviews and Approvals." A list of the ellrrently Existing Approvals, with the
Gate or other Geseription ofth@ operative versions of sueh Existing Approvals aRd conditions thereto
which apply to this "^.gre@ment are identified, and attached hereto as Exhibit B, and incorplJrated
herein by this referenee. The parties agree to lIpdat@ the list s@t forth in Exhibit B to reflect the
granting IJf any FlItme Discmtionary Reyiews and Approvals.
2.8 "Financing Plans" means one or more Public Facility Financing Plans that
have been adopted as set forth on Exhibit B and will be adopted as part of Future Discretionary
Approvals, which (I) set forth a list of various public facilities which Developer must build or fund
in part and the phases, time rrame or cumulative levels of Project development at which specified
public facilities must be assured prior to the construction of the next phase of the Project, and
(ii) provide for the attaimnent of the "Quality of Life Thresholds".
2.9 "Future Discretionary Reviews and Approvals" means the approval by City of
all future discretionary permits and entitlements (excluding then Existing Approvals), including, but
not limited to (I) General Plan Amendments, General Development Plan and SPA Planes),
(ii) Master Tentative Map(s), (iii) grading permit(s), (iv) site plan review, (v) design guidelines and
review, (vi) precise plan review, (vii) resubdivision of areas previously subdivided pursuant to the
Mastcr Tentative Map, (viii) the planned community district regulations, and (ix) the issuance of
conditional use permits, variances, and encroaclunent permits, all other permits, and approvals of any
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type which may be required from time to time to authorize the construction of on-site or off-site
facilities required to construct the Public Improvements and/or the Project.
2.10 "General Development Plans and Text" means the General Development Plan
and Text adopted for EastLake III, Resolution No. 2001-220, dated July 17,2001 and that portion of
the General Development Plan and Text adopted for EastLake II relating to EastLake Trails adopted
by City pursuant to Resolution No. 15413 dated December 5, 1989, and Resolution No. 15198 dated
July 26,1989, respectively, regulating the development ofthe Property and authorizing various land
uses; also means EastLake II GDP Amendment and text for EastLake Trails and the Land Swap
Parcel adopted on , November 24, 1998, all as listed on Exhibit A-3.
2.11 "Growth Management Ordinance" means the following policies and standards
intended to regulate the timing and phasing or rate of growth within the City: the Growth
Management Element adopted by City Council Resolution No. 15592 on April 17, 1990, an
ordinance adopted by the City Council on May 28,1991, and the Growth Management Program
adopted by City Council Resolution No. 16\01, on April 23, 1996.
2.\2 "Municipal Code" means the provisions of the Chula Vista Municipal Code in
existence and in effect on the date of the first reading of this Agreement as an Ordinance by City.
2.13 "Municipal General Plan" or "General Plan" mean all mandatory and optional
General Plan elements pursuant to California Government Code 965302, et seq., in existence on the
date of the first reading of this Agreement as an Ordinance by City (subject to the provisions of
Sections 2.7 and 4.8), including, without limitation, the EastLake III General Plan Amendment.
2.14 "Olympic Training Center" means the U.S. Olympic Training Facility Center
which is constructed on property donated by Developer located adjacent to the west oflower Otay
Lakes.
2.15 "PAD Fees" means any Parkland Acquisition and Development Fees which
would apply and be payable in conjunction with the approval of the final maps within the Project in
such amounts as may be payable pursuant to the provisions herein.
2.16 "Planned Community District Regulations" means the regulations adopted to
implement any SPA pursuant to the Chula Vista Municipal Code 9919.48.010 through 19.48.140.
2.17 "Planning Commission" means the Planning Commission ofthe City ofChula
Vista.
2.18 "Project" means the physical development of the Property as set forth in the
General Development Plans and Text and the General Plan for the area.
2.19 "Property" means the real property lying within the developments which
include the neighborhoods and projects commonly known as the Land Swap Parcel, EastLake Trails,
EastLake Woods, EastLake Vistas, the EastLake Business Center Expansion and the Olympic
Training Center. Such real property is more speci fically depicted in Exhibit A-I and described in
Exhibit A-2.
2.20 "Public Improvements" means those public facilities or improvements
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required by City to be completed or funded by Developer pursuant to the Municipal General Plan,
the General Development Plans and Text, any Financing Plan, Tentative Map or other applicable
approval, permit, plan, ordinance or regulation.
2.21 "Quality of Life Thresholds" mean those certain Quality of Life thresholds
and/or standards as set forth in Municipal Code Section 19.19.040 and as amended rrom time to time
requiring the construction or development of certain facilities to provide desired levels of service to
the public.
2.22 "SPAs" means the Sectional Planning Area Plan or Plans to be prepared and
approved by City for the purpose of implementing the General Development Plans and Text for the
Property in accordance with the Chula Vista Municipal Code (1(119.48.090 through 19.48.140
2.23 "Substantial Compliance," for the purposes of this Agreement and the periodic
review hereunder, shall mean that the party of whom some particular performance is required has
sufficiently followed the terms of this Agreement so as to carry out the intent of the parties in
entering into this Agreement.
2.24 "Tentative Map(s)" shall refer to any tentative subdivision map(s) for the
Property. The term "Final Map(s)" shall refer to any final subdivision map(s) approved pursuant to
such tentative subdivision map(s).
3. Description of Property. The Property consists of approximately 1,517 acres in area
and is located approximately 7.5 miles east of downtown Chula Vista and 7 miles north of the United
States/Mexican border.
4. Vested Right. In consideration of both (I) Developer's pledge to participate in the
construction and financing of public facilities in accordance with the Financing Plan(s) that have
been developed or will be developed jointly by City and Developer, all as more particularly
described in Section 6 below, and (ii) Developer's Donation of land, financial support and public
inrrastructure for the Olympic Training Center, Developer, by this Agreement, is vested with the
right to develop and maintain the Property pursuant to the provisions set forth in this Section 4.
Such right to develop, use and maintain the Property shall not be abridged or modified during the
term of this Agreement except as specifically provided for herein. Once future discretionary
approvals are obtained, they shall be vested to the same extent as the existing project approvals.
4.1 Right to Develop. Developer and any merchant builders to whom Developer
may sell, lease or convey any portions of the Property shall have the right to develop the Project for
the land uses and to the densities and intensities of land use set forth in the Existing Project
Approvals.
4.2 Maximum Height and Size of Structures. The maximum height and size of
structures to be constructed within the Project will be governed by any adopted SPA for the area in
question.
4.3 Permitted Uses. The Property will be developed as a part of a planned
community consisting of residential neighborhoods, commercia] development, industriallbusiness
parkes), recreational facilities, school sites, park sites and open space uses, as are more particularly
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described and authorized by the General Development Plans and Text and the existing Municipal
General Plan for the Property and other Existing Approvals, as they may !Tom time to time be further
defined upon approval by City of any Future Discretionary Reviews and Approvals in accordance
with Section 2.9 above, as well as such other existing land uses as may be mutually agreed upon by
the parties.
4.4 Permitted Density and Intensity of Development. City hereby authorizes the
Property to be developed to the maximum density or intensity of development specified in the
General Development Plans and Text, Municipal General Plan and the Existing Approvals as they
may, rrom time to time be amended and/or expanded, during the term of this Agreement subject to
any limitations contained therein; provided, however, that City and Developer acknowledge that the
Project (excluding the Land Swap Parcel) was authorized to develop no less than~ 3,204
dwelling units throughout the Property. As of the date of this Agreement, Developer has
entitlements in accordance with Existing Project Approvals for development of 1,143 units in the
EastLake Trails portion of the Project and -l-,+6+ 2,061 units in the EastLake Vistas and the EastLake
Woods portions of the Project. The number of units set forth herein may be adjusted in accordance
with Density Bonus Agreements or amendment to Existing Project Approvals as approved by the
City. In addition, City agrees to authorize for development 750 dwelling units for the Land Swap
Parcel, as set forth in the (EastLake Greens SPA) Existing Project Approvals. Developer may be
entitled to develop the remaining 117 dwelling units provided, however, a transfer of unused units is
approved by City. Notwithstanding the foregoing, Developer understands that such transfer of
unused units requires an amendment to the Existing Project Approvals and is subject to approval or
denial by the City Council in its sole discretion as the legislative body for City.
4.4.1 Low or Moderate Income Housing. City acknowledges that low and
moderate income housing may be economically impracticable to build at current density levels. City
agrees that it will consider granting Developer density bonuses and/or other incentives in the event
that City desires Developer to provide such low or moderate income housing and that, in such event,
City shall comply with all applicable requirements of law.
4.5 Application of New Rules, Regulations and Policies. City may, during the
term of this Agreement, apply to the Project, Public Improvements and/or the Property only such
new development fees, rules, regulations and policies, ordinances or standards which are generally
applicable to all private projects east ofI-805. It is the intent of the parties that the application of
such rules, regulations and policies, ordinances or standards will not prevent the development of the
Property to the uses, densities or intensities of development specified herein, or as authorized by the
Existing Approvals.
4.6 Modification of Approvals, Standards and Obligations. It is contemplated by
the parties that City and Developer may mutually agree to modifications to the Existing Project
Approvals, public infrastructure requirements, or other modifications to the Project. Upon approval
by City and written acceptance by Developer following City's approval, such modification(s) shall
supersede any inconsistent Existing Project ApprovaJ(s).
4.7 Benefit to Earlier Vesting. Nothing in this Agreement will be construed as
adversely affecting Developer's obtaining a vested right to continue development and/or use ofthe
Property, if any, in the manner specified in this Section 4, pursuant to the provisions of California's
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._~..."_d'.._".
constitutional, statutory and/or decisional law.
4.8 Application of a Growth Management Ordinance. The Growth Management
Ordinance and Quality of Life Thresholds shall apply to the timing and development ofthe Property.
The City may make such changes to the City's Growth Management Ordinance and to the City's
Quality of Life Thresholds applicable to the Project as are reasonable and consistent with the purpose
and intent of the existing Growth Management Ordinance and which are generally applicable to all
private projects east ofI-805.
4.9 Growth Management Ordinance. Developer shall Commit the public facilities
and City shall issue building permits in accordance with Existing Project Approvals and Future
Discretionary Review and Approvals. The City shall have the discretion and the right to withhold
the issuance of building permits any time after the City reasonably determines a Quality of Life
Threshold has been exceeded, unless and until the deficiency has been mitigated in accordance with
the City's Growth Management Ordinance., or as otherNise stateG by tentative maj3 condition.
Developer agrees that building permits may be withheld where the public facilities
described in the Existing Project Approvals or Future Discretionary Approvals required for a
particular Quality of Life Threshold have not been Committed.
In the event a Quality of Life Threshold is not met and future building permits
issuance may be withheld, the notice of provisions and procedures contained in Section 19.09.100 of
the Municipal Code will be followed. In the event the issuance of building permits is suspended
pursuant to the provisions herein, such suspension shall not constitute a breach ofthe terms of this
Agreement by Developer or City. Furthermore, any such suspension which is not caused by the
actions or omission of the Developer, shall toll the term of this Agreement and suspend the
Developer's obligations pursuant to this Agreement for the period oftime the issuance of building
permits are suspended.
5. Development Program and Processing.
5.1 Processing of Applications and Permits. City agrees to accept for processing,
consideration and approval, denial or conditional approval all Developer's applications for Future
Discretionary Reviews and approvals for the Property.
5.2 Length of Validity of Tentative Subdivision Map(s). It is understood by the
parties to this Agreement that, pursuant to existing law, a tentative subdivision map may remain
valid for the length of term of this Agreement, all as provided in California Government Code
966452.6(a). City, therefore, in accordance with the provisions of this Agreement, agrees that the
Master Tentative Map shall remain valid for a term equal to the longer of the term of the Master
Tentative Map as it is determined and may be extended by the provisions of California Government
Code S 66452.6 or the length of this Agreement; provided, however, that the tenn of the Master
Tentative Map shall not exceed the maximum allowed by law. No new condition shall be added to
any map as a condition of its extension.
5.3 Vesting Tentative Map. Developer may, at its option, process with City a
vesting tentative map covering the Property which shall, upon approval, confer upon Developer a
vested right to proceed with development of the Property in substantial compliance with the
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ordinances, policies, and standards described in California Government Code 966474.2. City will
accept the processing and review of such a vesting tentative map covering the Property submitted by
Developer to City.
5.4 Parcel Map. City shall accept for processing, and take action upon, a parcel
map for the Property, within the timerrames set forth in the state Subdivision Map Act, in order to
assist Developer's acquisition ofthe Property. Developer acknowledges that approval of such map
shall not limit City's right in the future, upon the Property's resubdivision, to impose conditions to its
further subdivision.
6. Urban Inrrastructure.
6. I Dedications and Reservations of Land for Public Purposes. The portions of
the Property to be reserved or dedicated for public purposes shall be: (I) those portions which are
required to be dedicated pursuant to any tentative subdivision map and (ii) those portions which are
required for the construction of all major road, sewer, drainage or other public rights of way in
accordance with the standards in existence for subdivisions adopted by City at the time of the
approval of any tentative subdivision map(s) for the Property and such further and additional areas of
public reservation or dedication which may be required for the construction of public facilities to
mitigate the impacts ofthe development ofthe Property pursuant to any Financing Plan adopted in
conjunction with any SPA and/or tentative map for the Property.
6.1.1 Parks. In consideration for the vesting of Existing Project Approvals
or the Future Discretionary Reviews and Approvals upon their granting by City, Developer agrees to
dedicate lands, pay PAD Fees and/or construct park facilities as follows and as provided for in
Section 6.1.2 below:
6.1.1.1 Developer may construct one or more private parks within the
Property. City, acting through the City Council, may consider Developer's application for any PAD
credit available to Developer under this Agreement at the time of consideration of the SPA and/or
tentative map for the applicable area; and
6.1.1.2 City acknowledges and agrees that Developer has fulfilled
PAD requirements for the 750 multi- family dwelling units planned for the Land Swap Parcel through
transferring excess park credits rrom the EastLake Greens SPA to fulfill the requirements for the
Land Swap Parcel; and
6. I .1.3 City acknowledges and agrees that Developer has paid will pay
$1,391,260 $2,579,680 for the development portion ofthe PAD Fee Advances, as defined below, for
Pha&e I of East Lake Trails consisting of-6l1l, 143 dwelling units and offered for dedication to City,
a portion of the Salt Creek Community Park consisting of +A4 23.26 acres which completes the
acquisition portion ofthe PAD fee for Phasg 1 of EastLake Trails and is in excess ofthe 5.96 acres
required. Developer understands and agrees that the City may require the Developer to regrade
portions of the Salt Creek Community Park. The amount of $ of the cost of such
regrading will be born by the Developer. The remaining costs shall be reimburseable as park
improvement costs; and
6.l.l.4 City acknowledges and agrees that Developer has received
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SPA Plan and tentative map approval for EastLake Trails which contains and designates the Salt
Creek Community Park for which Developer shall receive park credit of 19.8 acres, in the
configuration set forth in the Eastlake Trails SPA Plan. EastLake's obligation to construct Salt Creek
Community Park is equal to the development ofthe PAD fee rrom the Trails ($2,579,680) as may be
adjusted if additional units are, approved by the City plus 7 acres of improvements of$2, 127,875 as
adjusted by the ENR, in accordance with the method described in paragraph 6.1.2.3 commencing
from the date of this agreement until bonds have been posted in accordance with Citv requirements,
for construction of said park. TI1@ parties agree that EastLak@'s obligation to contribut@ to the
con~truction of Salt Creek Community Park i~ limited to the G@y@lopment portion ofth@ PAD F@@
from the Trails ($2,e66,eS4.00) and 7 acres ofimproyement costs W@tsput in amount] and aGjust@G
in the manner set forth in paragraph 6.1.2.3 of this .^.gr@ement.) (As G@fineG by Park Ordinance).
Upon the written request of the City, Developer shall provide the City with written documentation
verifying the actual cost of construction of said park. Developer agrees to provide such information
as needed by the City to verify the actual cost of the park improvements. This community park,
when completed in accordance with a park development plan approved by City, will fulfill the
EastLake Trails park acreage obligation and complete the outstanding park acreage obligations held
over rrom EastLake I and EastLake II as described in: (a) The EastLake Park Agreement which was
adopted by the City Council on August 8, 1989, pursuant to Resolution No. 15225 ("Park
Agreement"), (b) Agreement Between City ofChula Vista and EastLake Development Company
Regarding Resolution of Dispute Regarding Outstanding Park and Recreation Facility Issues dated
March 20, 1996 ("Dispute Agreement") aOO, @ Escrow Agreement between City ofChula Vista and
EastLake Development Company Regarding Resolution of Dispute of Outstanding Park and
Recreation Facility Issues dated March 20, 1996 ("Escrow Agreement"h and (d) Amended and
Restated Development Agreement dated February 1,2000 (.^J11end@Q and R@stat@d Agreem@nt).
6.1.1.5 Developer's remaining park acreage obligation shall be limited
to ++ 18.25 acres of improved park land as approved by City notto exce@Q 7 acres in tl1e 'NOOGS and
a total of 17 acres. This obligation may will be increased adjusted ifthe number of dwelling units
increases changes rrom that allowed in the current EastLake III General Development Plan approved
by the City or ifthe PAD Ordinance is amended in a manner that effects EastLake's park obligations.
Of the 18.25 obligation, the City and Developer have entered into an Agreement with Pacific Bay
Homes (agreement dated December 12, 2000 and approved by the City by Resolution No. )
satisfying 5.6 acres of this obligation through the acquisition ofIand rrom Pacific Bay Homes and a
6ii!;g cash payment for the park improvement in accordance with the terms of said agreement.
6.1.2 PAD Fee Advance(s). In addition to the dedication of lands and/or
construction of park facilities by Developer, Developer shall pay to City, in advance ofthe time that
such fees would normally be payable, PAD Fees in the amounts, at the times, and subject to the
conditions set forth in this Section 6.1.2 ("PAD Fee Advance(s)"). City may, as an altemative to
requiring the payment of any PAD Fee Advances, request Developer to build park facilities of an
equivalent cost, as such cost may be adjusted as provided below.
6.1.2.1 Developer bas will completed a PAD Fee Advance in the
amount 0[$1,391,260 $2,666,684.00 in accordance with the terms of this Agreement, and offered
1M 23.27 acres ofIand for dedication to City for the PAD fees due rrom Phase I of East Lake Trails
in accordance with the approved plans, adjusted as provided below. PAD Fee Advances for Phase II
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of EastLake Trails project shall be paid by Developer within 60 days following the City Council's
approval of the tentative map for Phase II of EastLake Trails or upon demand in writing by City;
and Developer shall make a PAD Fee Advance in the amount of Two Million One Hundred Thirty-
Five Thousand Dollars ($2,135,000.00), adjusted as provided below, within 60 days following City's
written request therefor, which request may be made at any time following City's approval of the
first tentative map within the EastLake III development, exclusive of the EastLake Trails
neighborhood and the Olympic Training Center.
6.1.2.2 Immediately upon City's receipt of any PAD Fee Advances,
City shall establish and confirm in writing a credit in favor of Developer, in the amount ofthe PAD
Fee Advance(s) received, as against the ultimate PAD Fees applicable to the Project, if any, at the
time of issuance of building permits ("PAD Fee Credit"). Any PAD Fee Credit established in favor
of Developer may be assignable to any merchant builder to whom Developer sells, leases or conveys
any portion of the Property at Developer's option. In the event that the PAD Fee Advances made by
Developer are less than the amount ofP AD Fees actually payable by the Project at the time of final
map approval (i.e., upon the exhaustion of the PAD Fee Credit), Developer shall pay to City the
additional PAD Fees at the time that final maps are approved. In no event shall any adjustment to
the PAD Fee Advance be applied retroactively to require the payment of any additional PAD Fee
with respect to any residential dwelling unit after a building permit has been pulled for such dwelling
unit and Developer has paid the additional PAD Fees as provided immediately above.
6.1.2.3 The amount ofthe PAD Fee Advance or the equivalent amount
of park facilities to be built by Developer shall be adjusted upward or downward, rrom the amounts
set forth in Sections 6.1.2.1 and 6.1.2.2 above, throughout the term of this Agreement, beginning
upon the effective date ofthe Original Development Agreement and concluding at such time that the
PAD Fee Advance is paid or that Developer Commits to the construction of park facilities of
equivalent cost. The adjustment shall be based upon an application to such amounts of an index
figure which is intended to reflect the change in the anticipated cost of providing the park
improvements. The index figure used shall be the figure published in the "ENR Market Trends"
section of Engineering News Record for a category of cost of construction indices listed therein,
reflecting increases in the cost of construction within such category, to be mutually agreed upon as
the most appropriate category by the parties ("ENR Index"). The ENR Index figure to be for
adjusting the PAD Fee Advance pursuant to Section 6.1.2(1) and (ii) above, shall be the ENR Index
figure published most recently preceding such event.
6.1.2.4 Notwithstanding anything in this Section 6.1 to the contrary, in
no event shall the PAD Fee Advance made by Developer pursuant to Section 6.1.2(1) and (ii) above
or the estimated cost ofthe facilities Committed to by developer as an alternative thereto exceed the
amount ofP AD Fees which would be payable by Developer for the areas of the Project proposed for
development based upon (a) the estimated number of residential units proposed within such
neighborhood(s) and (b) City's PAD Fee ordinances then in existence.
6.1.2.5 Notwithstanding anyihing in this Section 6.1 to the contrary, in
no event shall the term of any indexing hereunder extend further than the earliest to occur of the
conclusion of the term of this Agreement or the earlier tcrmination of this Agreement.
6.1.3 Developer Duty to Fund Community Center Escrow. The parties
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hereby acknowledge the existence of an escrow ("Community Center Funding Escrow" or
alternatively herein "Escrow") and designate City as the escrow holder thereof. Developer agrees to
fund said Escrow in the amount of $880,738, plus interest as hereinafter described, on the earlier of
(I) June 1,2002, or (ii) within 90 days of City's written request. Interest on the amount of$880,738
shall accrue rrom July I, 1999 to the earlier of (I) Developer's funding of the Escrow, or
(ii) June 1,2002. The interest accrual rate shall be the rate of the City's average quarterly interest
earnings rate on the City's Investment Pool of funds as reasonably determined quarterly by the
Finance Director. No interest shall accrue after June 1,2002, regardless of whether Developer has
funded the Escrow. Developer has secured its obligation to fund said Escrow with a bond rrom a
surety which City has deemed sufficient, and of a form acceptable to City.
6.1.4 City's Community Center Duty. Upon funding of the Escrow by
Developer as herein required, City shall waive any claim it may have to require Developer to
construct a Community Center for the EastLake Project. Further City promises Developer that City
will apply proceeds ofthe Escrow to the design and construction of a community center, and for no
other purpose without the consent of Developer, according to the following terms and conditions
(City's obligations set forth in this Section may be herein referred to as "City's Community Center
Duty"):
6.1.4.1 Timing. City shall commence construction ofthe Community
Center no later than 18 months after Developer funds the Escrow as herein required ("Construction
Commencement Date"). The parties may agree in writing to a later Construction Commencement
Date.
6.1.4.2 Site and Location Option. The Community Center shall be
buiJt on such portion ofthe SaJt Creek Community Park as City shall designate, at City's sole option,
unless (I) Developer has not purchased, has lost, or does not have an option to purchase said Salt
Creek Community Park site or (ii) City's contribution to the costs of the Community Center (other
than land) from other than the proceeds of Developer's funding of the Escrow exceed such funding
by Developer, in which case the Community Center may be built at any location of City's choosing
in the City ofChula Vista east ofI-8OS ("Eastern Territories") outside of the EastLake development
area.
6.1.4.2.1
Requirements Relating to Location Option.
6.1.4.2.1.1 Time to Exercise. City shall notifY
Developer of the location of the Community Center one year in advance of the commencement of
Construction, as same may be deferred from time to time.
6.1.4.2.1.2 Secure Title; Owner's Commitment.
After City notifies Developer of the location ofthe Community Center, and if Developer owns the
land City requires, Developer shall transfer title thereto without additional compensation therefor on
demand by City. If the land on which City proposes to locate the Community Center is not owned
by Developer but is owned by Western SaJt or a successor thereto, the Developer shall, in good faith,
request Western SaJt, or the then owner, to commit, upon such notification of City's location
selection, to transfer title to City. If for any reason they are unwilling or unable to expeditiously do
so in order to meet the construction schedule of City, City shall be relieved of the constraint of
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having to locate the Community Center in the EastLake Project and may build the Community
Center anywhere in the Eastern Territories. Nothing in this Agreement shall be construed or
interpreted as having the effect of requiring the current property owner (Western Salt) or its
successors (excluding Developer) as having an obligation to provide for or make accommodations
for the Community Center. Nothing herein shall be interpreted or deemed as a surrender of City's
power of eminent domain, and nothing herein shall be deemed to surrender the power to charge and
collect a development impact fee or park fee or other assessment or exaction associated with
development.
6.1.4.2.1.3 Developer's Right to Request Deferral of
Construction Date, Upon Exercise. Developer shall have the right to request a delay in the
Construction Commencement Date until Developer has acquired the property through its acquisition
and development of the land within EastLake III located south ofOtay Lakes Road and east of Hunte
Parkway. If extended by City, it shall be on such terms and conditions as the parties deem
appropriate.
6.1.4.2.1.4 Park Size. The Salt Creek Community
Park Site shall remain in the size and configuration set forth in the EastLake Trails SPA Plan
regardless of the location of the Community Center, or construction ofa gymnasium as provided in
Section 6.1.4.2.1.5. Dev@lop@r is clJrrently processing, with the California D@partment ofFish and
Gam@, an amendment to the Eastlak@ Trails mitigation plan to remove all mitigation areas rrom the
Salt Creek Community Park site. If said amendment is not approved by the California Departm@nt
ofFish and Gam@priorto City approval of the Salt Creek Community Park Master Plan, D@ve10per
shall provide additional park land aGjacent to the Salt Creek Community Park, @qual to the amount
of mitigation land located in the Salt Creek Community Park. Th@ size, location and configuration
of the additional park land shall b@ approved by the Director ofPlarJling and BuilGing.
6.1.4.2.1.5 Effect on Gym Duty. The City may, at
its sole discretion, construct a gymnasium in the same vicinity as, or contiguous to, the Community
Center in Salt Creek Park.
6.1.4.3 Contribution of Parties to Costs. If Developer funds the
Escrow at the time and in the manner herein required, Developer shall not be required to bear or
advance the costs for the design and construction ofthe Community Center, which shall be borne by
City.
6.1.5 Developer's Community Center Park Duty Satisfied. Effective upon
funding of the Escrow by Developer as herein required, according to its terms, the parties
acknowledge that Developer shall have satisfied any duty it may have had to construct a community
center within the EastLake Project.
6.1.6 PAD Fee Credits for Community Center Costs. At such time as
Developer funds the Escrow, as herein required, it will be entitled to a PAD fees credit, in dollars, as
determined by City in the manner herein provided against Developer's duty to pay the then-
prevailing PAD Fees ("Community Center PAD Fees Credit") thereafter when due for the mapping
and development of subsequent units within the area of EastLake III or the Land Swap Parcel.
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6.1.6.1 Calculation of Community Center PAD Fees Credit. The
amount ofthe Community Center Pad Fees Credit shall be $800,000 times a rraction the numerator
of which are the units entitled by City to be developed within ELIII and the Land Swap Parcel and
the denominator of which is the total number of units entitled by City to be developed within the
entire EastLake area (i.e., EL I-Hills and Shores, EL II-Greens, EL III, and the Land Swap Parcel),
and then adding to the product thereofthe sum of$100,000; but in no event shall the amount ofthe
Community Center PAD Fees Credit exceed $468,000.
6.1.6.1.1 Example of Calculation. For purposes of
example only, assuming the following represent the number of units for each SPA area City has
entitled Developer to develop:
Development Area Units
EL Hills & Shores 1,823
EL Greens 2,500
EL III 2,932
Landswap 750
Total 8.005
the Community Center PAD Fees Credit to which Developer would be entitled would be $467,970,
determined as follows (3,682/8,005 x $800,000) + $100,000 = $467,970 (This example is for
illustrative purposes only and may not reflect actual unit counts for the development areas.)
6.1.6.1.2 Credit for PAD Fee Advance(s). The
Community Center PAD Fees Credit shall be used to offset the PAD Fee Advance(s) required
pursuant to Section 6.1.2.
6.1.7 Total Obligations. The obligations in Sections 6.1.1 through 6.1.6
above shall constitute Developer's and the EastLake Planned Community's total park obligations for
the areas encompassed within this Agreement, notwithstanding any future modification to the
requirements or standards of City with respect to parkland dedications or the payment of in lieu fees.
Developer's obligations in Sections 6.1.1 through 6.1.6 supersede and replace in their entirety the
Park Agreement and the Escrow Agreement. In consideration ofthe covenants herein, City agrees to
waive any and all further PAD Fees otherwise applicable to the Project. The funds advanced
pursuant to this section shall be used by City solely for park land acquisition and development
purposes to mitigate Project impacts and the park needs of Project residents.
6.2 Public Facilities; Financing Plan, Requirements. City and Developer shall
prepare one or more Financing Plan(s). Such Financing Planes) shall set forth (I) a description of
public facilities and improvement projects needed to serve the Property, including facilities
necessary to serve the Project and neighboring developments, (ii) the sequence and staging for build-
out ofthe Property and other development projects which impact on standards for the development
of the various public facilities and improvement projects, and (iii) the authorized methods of
financing and the allocation of financial responsibility for the construction of the needed public
facilities and improvement projects. Such Financing Planes) shall employ the Quality of Life
Thresholds as the standard for determining the dimensions and timing of the development of public
facilities and improvement projects necessary to serve the Property, including facilities necessary to
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mitigate the incremental impacts of the Project and neighboring development projects.
6.3 Assessment Districts or Public Financing Mechanisms. This Agreement and
any Financing Planes) recognize that assessment districts, Mello Roos Community Facility Districts,
or other public financing mechanisms may be necessary to finance the costs of Public Improvements
borne by the Project. If Developer, pursuant to any Financing Plan, is required to install Public
Improvements where such financing Plan authorizes the use of assessment districts, Mello Roos
Districts, or other public financing mechanisms, City may select the acceptable method of public
financing, initiate and conclude appropriate proceedings for the formation of such financing district
or funding mechanism, under the applicable laws or ordinances. Developer shall also have the right
to request that City utilize, and City shall conduct (but shall not be required to approve) appropriate
proceedings for any other financing methods which may become available under City or state laws
or ordinances. All costs associated with the consideration and formation of such financing districts
or funding mechanisms shall be advanced by Developer, subject to reimbursement as may be legally
authorized out of the proceeds of any financing district or funding mechanism.
6.4 Schools. Developer has satisfied all of City's requirements with respect to the
provision of school facilities pursuant to an agreement entered into between Developer and the
Sweetwater Union High School District dated December 11, 1986, and an agreement entered into
between Developer and the Chu1a Vista City School District dated December 9, 1986 (collectively,
the "School Agreements"). City shall not further condition the development ofthe Property through
the imposition of any further school fees or exactions of any nature whatsoever, and the School
Agreements shall be conclusively deemed to mitigate any and all impacts upon school facilities rrom
development of the Project and/or the Property.
6.5 Water. Water to the Property shall be provided by the Otay Water District.
Developer and City acknowledge and agree to consider the construction of a water reclamation
project on the Property. This Agreement will not preclude City ownership and operation of such a
facility.
7. Indemnification and Insurance.
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7.1 Hold Harmless. It is understood and agreed that City, as indemnitee, or any
officer or employee thereof, shall not be liable for any injury to person(s) or property occasioned by
reason of the acts or omissions of Developer (including any assignee of Developer, but only to the
extent of specific improvements, acts or omissions of such assignee), its agents or employees, related
to this Agreement. Developer further agrees to protect and hold harmless City, its officers and
employees rrom any and all claims, demands, causes of action, liability or loss of any sort, because
of the arising out of acts or omissions of Developer, (including any assignee of Developer, but only
to the extent of specific improvements, acts or omissions of such assignee), its agents or employees,
related to this Agreement. Such indemnification and agreement to hold harmless shall extend to
damages or taking of property resulting rrom the construction of the Project and public
improvements as provided herein or to adjacent property owners as a consequence of the diversion of
waters in the construction and maintenance of drainage systems, and shall not constitute the
assumption by City of any responsibility for such damages or taking, nor shall City by its approval
of construction plans for the Project or the public improvements as provided herein, be an insurer or
surety for the construction of the Project pursuant to such approved plans. The provisions of this
Section shall become effective upon execution ofthis Agreement and shall remain in full force and
effect for three years following the acceptance by City of each public improvement installed by
Developer; such acceptance by City shall not be umeasonably withheld. This Section is not
intended, nor shall it be construed, to require Developer or City to indemnity or hold the other
harmless from their own negligent acts or omissions.
7.1.1 Indemnification. Developer shall indemnity and defend City in any
lawsuit or claim which challenges City's approval ofthe Project, City's approval ofthis Agreement
or the participation by City in this Agreement.
7.2 Insurance. Developer shall name City as an additional insured for all
insurance policies obtained by Developer for the Project pertaining to Developer's activities and
operation on the Project.
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8. EastLake San Diego National Sports Training FoundationlUnited States Olympic
Committee Commitments. Developer, as consideration for City's commitment to the land uses and
intensities of development for the Property specified in Section 4 above (hereinafter "City's
Commitment"), and in accordance with its agreements with such parties, (I) has conveyed a I 50-acre
site located generally in the southern portion of Otay Lakes to the San Diego National Sports
Foundation or the United States Olympic Committee, and (ii) has contributed Three Million Dollars
($3,000,000.00) in working capital and approximately Eight Million Dollars ($8,000,000.00) in
inrrastructure improvements to the San Diego National Sports Training (collectively, clauses "(1)"
and "(ii)" above are hereinafter referred to as "Developer's Donations"). Developer has executed
agreements effecting Developer's Donations. Developer's Donations are hereby declared to
constitute sufficient consideration for City's Commitment and no further consideration rrom
Developer shall be required for Developer to obtain the land uses and intensities of development for
the Property specified in Section 4 above, whether through this Agreement, amendments to this
Agreement, or agreements separate rrom this Agreement.
9. Binding Effect; Encumbrance of Property; Releases.
9.1 Binding Effect. The provisions ofthis Agreement shall be binding upon and
inure to the benefit of the parties' successors-in-interest.
9.2 Lender Notification. Any lender will receive written notification rrom City of
any default by Developer under this Agreement which is not cured within 30 days if such lender
requests such notification from City in writing; provided, however, that failure of City to provide
such notification shall not limit City's rights under this Agreement.
9.3 Discretion to Encumber. Nothing in this Agreement will prevent or limit
Developer, in any manner, at Developer's sole discretion, from encumbering all or any portion ofthe
Property or any improvements thereon by any deed of trust or other security device.
9.4 Status. Each party will, upon 15 days prior written request, give written notice
to the other party of whether the party giving the notice knows of any breach ofthis Agreement and
its current understanding of the status of the parties' performance under this Agreement. A copy of
any such notice which is sent to Developer shall also be sent to the holder of any institutional first
trust deed encumbering the Project if such holder has made written request for notice and provided
City with the holder's address for notice purposes.
9.5 Releases. Once the required Public Improvements are installed, City may
release portions of the Property from this Agreement. All areas of the Property designated for
residential custom home lot construction shall be released rrom this Agreement by City upon the
request of any individual purchaser without any further consideration.
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10. Annual Review; Notice. City will, once every 12 months during the term of this
Agreement, pursuant to California Government Code 965865.1, undertake a periodic review of the
parties' compliance with the terms of this Agreement pursuant to the procedures set forth below.
Developer shan present information with respect to Developer's good-faith compliance with
Section 10.1. In addition to the information provided by Developer in accord with Section 10.1, City
may request that Developer address additional issues with respect to Developer's good-faith
compliance with the terms of this Agreement. City shan deliver no less than 30 days' written notice
to Developer prior to any hearing of any requirement City desires to be addressed, together with any
applicable staff reports, in a manner sufficient for Developer to respond. Either party may address
any requirement ofthis Agreement during the review period. If, at any time of review , any issue not
previously identified in writing pursuant to this Section 10 is required to be addressed by City, the
review at the request of either party may be continued to afford sufficient time for analysis and
preparation. Such review by City may be conducted by the City Manager.
10.1 Information to be Provided Developer. Pursuant to California Government
Code 9 65865.1, Developer shall have the duty to demonstrate its good-faith compliance with the
terms of this Agreement at each periodic review. Developer's duty to demonstrate may be satisfied
(except for additional issues raised by City pursuant to Section 10) by the presentation to City of:
(I) a written report identifying Developer's performance or the reason for its nonperformance or
excused performance of the requirements of this Agreement, or (ii) oral or written evidence
submitted at the time of review .
10.1.1 Substantial Compliance. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain thousands of requirements (i.e.,
construction standards, landscaping standards, et al.), and that evidence of each and every
requirement would be a wasteful exercise ofthe parties' resources. Accordingly, Developer shan be
deemed to have satisfied its duty of demonstration when it presents evidence of its good faith and
substantial compliance with any issues requested to be addressed by City in accordance with this
Section 10; substantial compliance with the major provisions ofthe Financing Planes) and SPAs, and
compliance with the restrictions on the uses, number, type, lots and sizes of structures completed,
and any required reservations and dedications to City. Generalized evidence or statements shan be
accepted in the absence of any evidence that such evidence or statements are untrue.
10.2 Finding by City During Annual Review Period that Developer is in Default.
If, during any annual review period, City, on the basis of substantial evidence, finds Developer has
not, in good faith, complied with this Agreement, it will give Developer 30 days' notice of default
pursuant to Section 11.
10.3 Delay in Annual Review. City's failure to review annual1y Developer's
compliance with the terms and conditions of this Agreement shan not constitute or be asserted by
City as a breach by Developer of any terms of this Agreement.
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11. Default. If either party defaults under this Agreement, the party alleging such default
will give the breaching party not less than 30 days' notice of default in writing. The notice of default
will specify the nature of the alleged default, and, where appropriate, the manner and period oftime
in which such default may be satisfactorily cured. During any period of cure, the party charged will
not be considered in default for the purposes of termination or institution oflegal proceedings. Ifthe
default is cured, then no default will exist and the noticing party will take no further action.
11.1 Option to Set Matter for Hearing or Institute Legal Proceedings. Afterproper
notice and the expiration of the cure period, the noticing party to this Agreement, at its option, may
(I) institute legal proceedings or (ii) schedule hearings before the Planning Commission and the City
Council for a determination as to whether this Agreement should be modified, suspended, or
terminated as a result of such default.
11.2 Waiver. Nothing in this Agreement shall be deemed to be a waiver by
Developer of any right or privilege held by Developer pursuant to federal or state law, except as
specifically provided herein. Any failure or delay by a party in asserting any of its rights orremedies
as to any default by the other party will not operate as a waiver of any default or of any such rights or
remedies or deprive such party of its right to institute and maintain any actions or proceedings which
it may deem necessary to protect, assert, or enforce any such rights or remedies.
11.3 Remedies Upon Default. In the event of default by either party to this
Agreement, the parties shall have the remedies of specific performance, mandamus, injunction and
other equitable remedies. Neither party shall have the remedy of monetary damages against the
other; provided, however, that the award of costs oflitigation and attorneys' fees shall not constitute
damages based upon breach of this Agreement where such an award is limited to (I) the costs of
litigation incurred by City, and (ii) the "fee" equivalent of City's costs for the services attributable to
litigation and representation by the City Attorney, including assistants and staff.
12. Modification; Suspension; Termination.
12.1 Modification by Mutual Consent. This Agreement may be modified, rrom
time to time, by mutual consent of the parties only in the same manner as its adoption by an
ordinance as set forth in California Govermnent Code !'1!'165867, 65867.5 and 65868, and Resolution
No. 11933 of City. The term "this Agreement" as used in this Agreement will include any such
modification properly approved and executed.
12.1.1 Minor Modifications. The parties to this Agreement contemplate the
periodic review and modification of the SP A(s), the provisions of the Financing Planes) and the
terms and conditions of the Future Discretionary Reviews and Approvals. Such agreed upon
modifications by the parties hereto are anticipated and shall not constitute an amendment to this
Agreement or modification pursuant to this Section l2.1, but shall automatically be incorporated
herein. In no event shall City require further consideration or compensation for the processing of
any amendments which may be required to solemnify such modifications.
12.2 Emergency Circumstances. If, as a result of specific facts, events or
circumstances, City finds, following the procedures outlined in this Section] 2.2 and based upon the
preponderance of all evidence presented by the parties, that a severe and immediate emergency threat
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to the health and safety of the citizens of City requires the modification or suspension of this
Agreement, City will:
12.2.1 Notification of Unforeseen Circumstances. Notify Developer of (I) the
initiation of City's determination process, and (ii) the reasons for City's determination and all facts
upon which such reasons are based; and
12.2.2 Notice of Hearing. Notify Developer in writing at least 14 days prior
to the date, of such date, time and place of the hearing and forward to Developer, a minimum of
ten days prior to the hearing described in Section 12.2.3, all documents related to such determination
and reasons therefor; and
12.2.3 Hearing. Hold a hearing on the determination at which hearing
Developer will have the right to address the City Council. At the conclusion of such hearing, City
Council may take action to suspend this Agreement. City Council may suspend this Agreement if, at
the conclusion of such hearing, based upon the evidence presented by the parties, City finds that the
suspension of this Agreement is required to avoid an immediate and severe threat to the health,
safety and general welfare of City; and
12.2.4 Unilateral Suspension. Where the citizens of City face a severe and
immediate threat to their health and safety, City may unilaterally suspend the effectiveness of this
Agreement for a period not to exceed the time reasonably required for notice and a public hearing.
12.3 Change in State or Federal Law or Regulations. Ifany State or Federal law or
regulation enacted during the term of this Agreement or the action or inaction of any other affected
governmental jurisdiction precludes compliance with one or more provisions ofthis Agreement, or
requires changes in plans, maps, or permits approved by City, the parties will act pursuant to
Sections 12.3.1 and 12.3.2.
12.3.1 Notice; Meeting. The party first becoming aware of such enactment or
action or inaction will provide the other party with written notice of such state or federal law or
regulation and provide a copy of such law or regulation and a statement regarding its conflict with
the provisions of this Agreement. The parties will promptly meet and confer in a good-faith and
reasonable attempt to modify or suspend this Agreement to comply with such federal or state law or
regulation. A copy of any such notice which is sent to Developer shall also be sent to the holder of
any institutional first deed of trust encumbering the Project if such holder has made written request
for notice and provided City with the holder's address for notice purposes.
12.3.2 Hearing on Supersession of Development Agreement. Thereafter,
regardless of whether the parties reach agreement on the effect of such federal or state law or
regulation, the matter will be scheduled for hearing before the City Council no sooner than ten days
following written notice of such hearing to Developer. The City Council, at such hearing, will
determine the exact modification, suspension or termination which is required by such federal or
state law or regulation, ifany. Developer, at the hearing, will have the right to offer oral and written
testimony regarding any proposed action by City. Any modification, suspension or termination of
this Agreement is subject to judicial review.
12.4 Notice of Termination. In the event that this Agreement is terminated
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pursuant to any of the methods authorized herein this Section 12, City shall prepare and record a
Notice of Termination containing a reference to this Agreement and the effective date of any such
termination in a form suitable for recordation with the County of San Diego.
13. General Provisions.
13.1 Enforced Delay. Without modifying either party's right to allege a default
under this Agreement, the failure to perform or a delay in performing the requirements of this
Agreement by either party shall not constitute a default for purposes ofthis Agreement where such
delay or failure to perform is directly caused by litigation by City against Developer or by a City-
imposed moratorium on residential, commercial or industrial development.
13.2 Notices. All notices required by or provided for under this Agreement shall be
in writing and delivered in person or sent by certified mail, postage prepaid, retum receipt requested,
to the principal offices of City and Developer. Notice shall be effective on the date delivered in
person or the date when the postal authorities indicate that the mailing was delivered to the address
of the receiving party indicated below:
Notice to Developer: With copy to:
William T. Ostrem Allen D. Haynie, Esq.
President, Chief Executive Officer Latham and 'Natkins
The EastLake Company, LLC 701 B Street, Suite 2100
900 Lane Avenue, Suite 100 David E. Watson, Esq.
Chula Vista, CA 91914 Gray Cary Ware & Freidenrich
401 B Street, Suite 1700
San Diego, CA 92101
Notice to City: With copy to:
City Manager City Attorney
City ofChula Vista City ofChula Vista
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
Such written notices may be sent in the same manner to such other persons and addresses as either
party may from time to time designate by mail.
13.3 Joint and Several Liability. If either party consists of more than one legal
person, the obligations are joint and several.
13.4 Severability. Ifany material provision of this Agreement is held invalid, this
Agreement is held invalid, this Agreement will be automatically terminated unless, within 15 days
after such provision is held invalid, the party holding rights under the invalidated provision affirms
the balance ofthis Agreement in writing. This provision will not affect the right of the parties to
modify or suspend this Agreement by mutual consent pursuant to Section 12.1.
13.5 Recordation of Agreement; Amendments. All amendments hereto must be in
a writing signed by the appropriate agents of City and Developer, in a form suitable forrecording in
the Office of the Recorder, County of San Diego. Within ten days of the effective date of this
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Agreement, a copy will be recorded in the Official Records of San Diego County, California. Upon
Completion of performance ofthis Agreement or its earlier termination, a statement evidencing such
completion or termination, signed by the appropriate agents of Developer and City will be recorded
in the Official Records of San Diego County, California.
13.6 Applicable Law. This Agreement will be construed and enforced III
accordance with the laws of the State of California.
13.7 Assigrunent. Developer may transfer its rights and obligations under this
Agreement if such transfer or assigmnent is made as part of a transfer, assignment, sale or lease of all
or a portion of the Property and City consents to such transfer. Such consent shall not be
unreasonably withheld.
13.8 Term of Agreement. This Agreement shall expire on April 6, 2010.
13.9 Conflict. The provisions stated in this Agreement shall prevail should there be
any conflict between this Agreement and the Financing Plan.
13.10 Covenant of Good Faith and Fair Dealing. Neither party shall do anything
which shall the effect of harming or injuring the right ofthe other party to receive the benefits ofthis
Agreement; each party shall rerrain rrom doing anything which would render its performance under
this Agreement impossible; and each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and purposes of this Agreement.
13.11 Supersede and Replace. This Agreement shall supersede and replace the
Original Development Agreement, the Park Agreement, the Dispute Agreement and the Escrow
Agreement in their entirety.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above
written.
City:
Developer:
CITY OF CHULA VISTA,
a municipal corporation
THE EAST LAKE COMPANY, LLC,
a California limited liability company
By:
By:
William T. Ostrem,
President/CEO
Shirley Horton,
Mayor
I hereby approve the form and legality of the foregoing Amended and Restated
Development Agreement this _ day of , .J-999 200 I.
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John M. Kaheny,
City Attorney
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LIST OF EXHIBITS
EASTLAKE III
EXHIBIT DESCRIPTION FIRST SECTION REFERENCED
A-I Map of Property 1.2
A-2 Legal Description 1.2
B Existing Approvals 2.7
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Plat of EastLake Community 1'"
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Phase A - Trails South
Phase B - Trails North
Phase C - Landswap'
Phase 0 - Vistas South
Phase E - Vistas North
Phase F - Woods
Phase G - Business Center II
169.0 acres
152.9 acres
151.6 acres
162.5 acres
2248 acres
395.4 acres
111.0 acres
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EASTLAKE III
EXHIBIT A-2
THE WSC PROPERTY
(LEGAL DESCRIPTION)
._ TheJ9J1qwirrg Ie.gal_descri~tiorl d,:fines}_h; _t..h.r..:e _~o_~~c()~ti~uous parcels owned by
Western Salt Cprnpany. this le9al-descnp!lon I.S a compOSite of futurE,planningarnas;-
however, th~ perimeter boundaries define the Western -Salt Company ownership.
TRAILS SOUTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per document
recorded December 18, 1950 as Document No. 147375 in Book 3902, Page 47 O.R.
filed in the Office of the Recorder of said County, said portions being more particularly
described as follows:
Beginning at the centerline intersection of Clubhouse Drive and Hunte Parkway as
shown on Map No. 12545 filed in the Office of the Recorder of said County, said
point being on a 2000.00 foot radius curve concave Easterly to which a radial line
bears South 78021'12" West; thence Southerly along the arc of said curve through
a central angle of 04021'25" a distance of 152.09 feet to the TRUE POINT OF
BEGINNING; thence leaving said curve on a non-tangent line North 73059'46" East .~
62B.27 feet to the beginning of a non-tangent 430.00 foot radius curve concave
Southeasterly, to which a radial line bears South 84011'53" West; thence
Northeasterly along the arc of said curve through a central angle of 86002'12" a
distance of 645.70 feet; thence North 80014'05" East 196.29 feet to the beginning
of a tangent 600.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 28039' 15" a distance of 300.07
feet; thence North 51034'50" East 201.31 feet; thence South 08022'34" East
350.57 feet; thence South 07042'44" West 392.17 feet; thence South 57026'41"
East 967.89 feet; thence South 84043'41" East 521.73 feet; thence North
59008'17" East 590.93 feet; thence South 06053'58" East 2220.00 feet to a point
which bears North 71056'55" East 127.62 feet of Corner No.1 of Rancho Janal;
thence along the Southerly line of Rancho Janal and its prolongation South 71 056'55"
West 1887.85 feet; thence leaving said Southerly line North 28023'47" West 800.05
feet to the beginning of a tangent 3&00.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of
12019'28" a distance of 774.37 feet; thence North 40043'15" West 1024.30 feet
to the beginning of a tangent 2000.00 foot radius curve concave Northeasterly;
thence Northwesterly along the arc of said curve through a central angle of
24043'01" a distance of 862.79 feet to the TRUE POINT OF BEGINNING.
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-.+.
<e. bearings. distances and areas shown in the above. description were derived or
c.'iilculated using existing available record information and are not the result of a field
. rvey by Rick Engineering Company.
.'
$''f~ThiS description does not necessarily constitute, or describe a legal building site.
'~2i'Jnterested parties should consult their Attorney or Title Company as the status of this
.,~ .
:~,} parcel of land.
TRAILS NORTH
That portion of that portion of Rancho Janal in the City of Chula Vista, County of San
Diego, State of California deeded to Western Salt Company per document recorded
December 18,1950 as Document No. 147375 in Book 3902, Page 47 O.H'. filed in
the Office of the Recorder of said County, said portion being more particularly
described as follows:
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BeginninC' at the Northeasterly corner of Map No. 12545 filed in the Office of the
Recorder of said County, thence along the Easterly boundary line of said Map, South
44040'16" West 67.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
Easterly line along the centerline of Otay Lakes Road as dedicated to the. City of Chula
Vista per deed Rec. November 28, 1990, FIP 90-634654 O.R. and shown on City of
Chula Vista Drawing No. 90-607 South 45019' 44" East 227.81 feet to the beginning
of a tangent 2000.00 foot radius curve concave Northeasterly; thence continuing
alon9 said centerline Southeasterly along the. arc of said curve through a central angle
of 32018'16" a distance of 1127.64 feet; thence continuing along said centerline
South 77038'00" East 306.62 feet to the beginning of a non-tangent 1000.00 foot
radius curve concave Southwesterly, to which a radial line bears North 11009'49"
East; thence continuing along said centerline Southeasterly along the arc of said curve
through a central angle of 02000' 41" a distance of 35.11 feet; thence along the
boundary of Parcell of said deed to Western Salt Company South 76049'30" East
701.60 feet; thence leaving said line South 20036' 33" West 773.67 feet; thence
South 01053'40" East 1083.99 feet; thence South 71052'57" East 165.53 feet;
thence South 06053'58" East 60.00 feet; thence South 59003'17" West 590.93
feet; thence North 84043'41" West 521.73 feet; thence North 57026'41" West
967.89 feet; thence North 07042' 44" East 392.17 feet; thence North 08022'34"
West 350.57 feet; thence South 51034' 50" West 201.31 feet to the beginning of
a tangent 600.00 foot radius curve concave Northwesterly; thence Southwesterly
along the arc of said curve through a central angle of 23039'15" a distance of 300.07
feet; thence South 80014'05" West 196.29 feet to the beginning of a tangent
430.00 foot radius curve concave Sou1heasterly; thence Southwesterly along the arc
of said curve through a central angle of 86002'12" a distance of 645.70 feet; thence
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South 73059'46" West 628,27 feet to the beginning of a non-tangent 2000.00 foot
radius curve concave Northeasterly, to which a radial line bears South 73059'46"
West; thence Northwesterly along the arc of said curve through a central angle of
02051 '55" a distance of 100.02 feet to a point on the Southerly boundary of said
Map No. 12545; the,nce along said Southerly boundary North 76051' 41" East 53.99
feet to the beginning of a non-tangent 1946.00 foot radius curve concave
Northeasterly, to which a radial line bears South 76051' 41" West said point being the
Southeasterly corner of said Map 12545; thence along the Easterly line of said Map
No, 12545, Northerly along the arc of said curve through a central angle of
04026'42" a distance of 150.97 feet to the beginning of a compound 2947.00 foot
radius curve concave Easterly; thence continuing along said Easterly line Northerly
along the arc of said curve through a central angle of 04009' 56" a distance of 214.25
feet to the beginning of a compound 1950.00 foot radius curve concave Easterly;
thence continuing along said Easterly line, Northerly along the arc of said curve
through a central angle of 16036'19" a distance o.f 565.14 feet to the beginning of
a corr:, "Jund 2947.00 foot radius curve concave Southeasterly; thence continuing
along said Easterly line Northeasterly along the arc of said curve through a central
angle of 04009' 56" a distance of 214.25 feet to the beginning of a compound
1946.00 foot radius curve concave Southeasterly; thence continuing along said
Easterly line Northeasterly along the arc of said curve through a central angle of
20015'53" a distance of 688.27 feet; thence continuing along said Easterly line North
40046'53" East 791 .39 feet to the beginning of a tangent 3946.00 foot radius curve
concave Southeasterly; thence continuing along said Easterly line, Northeasterly along
the arc of said curve through a central angle of 02046'59" a distance of 191.67 feet
to the beginning of a compound 80.00 foot radius curve concave Southeasterly;
thence continuing along said Easterly line, Northeasterly along the arc of said curve
through a central angle of 23002'35" a distance of 32.17 feet to the beginning of a
reverse 76.25 foot radius curve concave Northwesterly; thence continuing along said
Easterly line Northeasterly along the arc of said curve through a central angle of
22010' 1 0" a distance of 29.50 feet to the beginning of a reverse 3934.00 foot radius
curve concave Southeasteily; thence continuing along said Easterly line Northeasterly
along the arc of said curve through a central angle of 00013' 59" a distance of 16.00
feet; thence continuing along said Easterly line North 44040' 16" East 154.00 feet to
the beginning of a tangent 20.00 foot radius curve concave Southerly; thence
continuing along said Easterly line Easterly along the arc of said curve through.3
central angle of 90000'00" a distance of 31.42 feet; thence continuing along said
Easterly line North 44040'16" East 66.00 feet to the TRUE POINT OF BEGINNING.
The bearings, distance~ and areas shown in the above description were derive~ ~~
calculated using existing available record information and are not the result of a fie
survey by Rick Engineering Company.
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TRAILS NORTH (CON'Tl
This description does not necessarily constitute, or describe a legal building sit
In,,,,,,,d p'''''' ,hould conOO" ,h'" Allo,"" 0' TI1\' Comp,ny " 'u ,," "",u, ~i
this parcel of land.
VISTA SOUTH
Those portions of that portion of Rancho Janal in the City of Chula Vista. County of
San Diego. State of Cali10rnia deeded to Western Salt Company per deed recorded
December 18.1950 as Document No. 147375 in Book 3902. Page 47 O.R. filed in
the Office of the Recorder of said County, said portions being more particularly
described as follows:
Beginning at tne Southwester1y corner of Parcel T of Parcel Map No. 16318 filed in
the o...ce of tne Recorder of said CountY: thence along the Southerly line of said
Parcell North 89027'37" East 660.34 feet to the southeasterly corner of said Parcel
1, said point being the beginning at a non-tangent 550.00 foot radius curve concave
Northeasterly, to which a radial line bears South 89027'37" West; thence along the
EasterlY line of Parcell ot said deed to Western Salt Company. Southeasterly along
the arc of said curve through a central angle ot 320 5B' 53" a distance of 316.60 feet;
tr.ence continuing along said Easterly line South 33031' 1 6" East 487.59 feet to the
beginning of a tangent 950.00 toot radius curve concave Southwesterly; thence
continuing along said Easterly line southeasterly along the arc of said curve tnrough
, "n",1 oogl, 0 I 280 dO' 26" , d,,,,nc' of 475.43 fee" ,henco cOOl,,,,'ng ,long <aid
E""dy hoe 50u,h 04050'50" E'" 2174.97 fOO'1O 'h' 50U,"CO""" ",oe' ot "Id
d"d, ,h"'" ,'ono ,h, 50",ho,ly hno u f "Id d"d N OI,h 80003' 01" W", 231.01
lee' 10 ,he 50",hw,,"dY hnn of ,old deed, ,a'd poln' ,100 b,1n9 com" No, 2 of
O,OIho Jon,l, ,"on" ,long ,h' W,,,,,ly IInO 01 ,old "eed North 1B050'3'" Wncl
3493.90 feet to the POINT OF BEGINNING.
'EGlNNING '" ,", ,,"0" W",,,dy '010" 01 ,old p"eel1 01 p"eel MoP No, 1631"
,h'oOO ,lon9 'M W''''''y 1\,,, of p""l 1 of ,old doed 10 W,,,,,n S,II Comp,ny
N m ,h 18' 50' 38" We" 1 653.39 I"" ,hoo,e loovln9 ,a'd W,,,,,,, "" North
71056' 55" Eo" '27.62 lee" ,hen" Nm,h 06' 53' 5'" W,,, 7 00.00 lee" ,h,n"
North 52034'33" ,,,, 53413 leol '0 ,110 ",glnn'og of 0 non-"n9en1 750.00 too'
radius curve concave Northerly to which a radial line bears South 52034'33" West;
, 030'35" a
thence Easterly along the arc of said curve through a central angle of 96
""ence 01 1263.31 Ice" ,hnn" 500'" 34' 22'59" ,,,, 259.30 f"" \h,n,e 500,h
Also:
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VISTA SOUTH (CON'Tl
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53005' 11" East 987.48 feet to a point on the Easterly line of Parcell of said deed
to Western Salt. said point being the beginning of a non-tangent 260.00 foot radiu
curve concave Northeasterly, to which a radial line bears North 77001' 18" West~
thence along said Easterly line Southeasterly along the arc of said curve through '
central angle of 83002'00" a distance of 376.79 feet; thence contil1uing along sai~
Easterly lineSouth 70003' 18" East 422.17 feet to the beginning of a tangent 350.00
foot radius curve concave Southwesterly; thence continuing along said Easterly line
Southeasterly along the arc of said curve through a central angle of 60014'53" a
distance of 368.03 feet; thence continuing along said Easterly line South 09048'25"
East 370.99 feet to the beginning of a tangent 400.00 foot radius curve concave
Northwesterly; thence continuing along said Easterly line Southwesterly along the arc
of said curve through a central angle of 68027'55" a distance of 477.98 feet; thence
continuing along said Easterly line South 58039'30" West 117.99 feet to the
beginning of a tangent 300.00 foot radius curve concave Southeasterly; thence
continuing along said Easterly line Southwesterly alDng the arc of said curve through
a cenu?1 angle of 80004'33" a distance of 419.28 feet to a point on the Northerly
line of said Parcell of Parcel Map No. 16318; thence along said Northerly line North
49046'30" West 688.81 feet to the beginning of a tangent 900.00 foot radius curve
concave Northeasterly; thence continuing along said Northerly line Northwesterly
along the arc of said curve through a central angle of 21027'07" a distance of 336.97
feet; thence continuing along said Northerly line North 00042'43" East 450.00 feet;
thence continuing along said Northerly line North 64031 '16" West 124.83 feet;
thence continuing along said Northerly line North 00042'43" East 170.00 feet to the
beginning of a non-tangent 800.00 foot radius curve concave Northerly, to which a
radial line bears South 31010' 57" East; thence continuing along said Northerly line
Westerly along the arc of said curve through a central angle of 47052'21" a distance
of 668.43 feet; thence continuing along said Northerly line South 30013'22" West
505.61 feet; thence continuing along said Northerly line South 00000'00" West
289.00 feet; thence continuing along said Northerly line South 25034'28" West
465.62 feet; thence continuing along said Northerly line North 85049'00" West
479.78 feet to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested par1ies should consult their Attorney or Title Company as to the statuS of
this parcel of land.
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VISTA NORTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County f
San Diego, State of California deeded to Western Salt Company per deed record od
December 18,1950 as Document No. 147315 in Book 3902, Page 47 O.R. filed e.
the Office at the Recorder of said County, said portions being more particul \n
described as follows: ar y
Beginning at the No'rtheasterly corner of Map 12545 filed in the Office of the Recorde
of said County, thence along the Easterly boundary line at said Map South 44"40' 16~
West 67.00 feet; thence along the centerline of Otay Lakes Road as dedicated to the
City of Chula Vista per deed Rec. November 28, 1990, FIP 90-634654 O.R. and
shown on City of Chula Vista Drawing No. 90-607 South 45"19'44" East 227.81
teet to the beginning of a tangent 2000.00 foot radius curve concave Northeasterly;
thence continuing along said centerline southeasterly along the arc of said curve
through a central angle of 32" 18' 16" a distance of 1127.64 feet; thence continuing
along said centerline South 77038'00" East 306.62 feet to the beginning of a non-
tangent 1000.00 foot radius curve concave Southwesterly, to which a radial line
bears 'Jorth 11009'49" East; thence continuing along said centerline Southeasterly
along the arc of said curve through 0 centro\ angle of 020 DO' 4 1" a distance of 35.11
feet; thence along the boundary of Parcel 1 at said deed to Western Salt Company
South 76049'30" East 701.60 feet to the TRUE POINT OF BEGINNING; thence
continuing along the boundary of Parcel 1 of said deed to Western Salt Company
South 76049'30" East 927.78 feet to the beginning ot a tangent 5000.00 foot radius
curve concave Northeasterly; thence continuing along said boundary Southeasterly
along the arc of said curve through a central angle of 01 049'57" a distanCe at 159.92
feet; thence continuing along said boundary South 78039'27" East 908.09 teet;
thence continuing along said boundary South 11020'33" West 50.00 feet to the
beginning of a non-tangent 950.00 foot radius curve concave Southwesterly, to
which a radial line bears North 11020'33" East; thence continuing along said
boundary Southeasterly along the arc of soid curve through a central angle of
32024'31" a distance of 537.36 feet; thence continuing along said boundary South
46014'56" East 712.45 feet to the beginning of a tangent 350.00 foot radius curve
concave Westerly; thence continuing along said boundary Southerly along the arc of
said curve through a central angle of 74054'04" a distance of 457.54 feet; thence
continuing along said boundary South 28039'08" West 344.87 feet to the beginning
of a tangent 300.00 foot radius curve concave Southeasterly; thence continuing along
said boundary Southwesterly along the arc of said curve through a central angle of
04042'OT a distance of 24.62 feet; thence continuing along said boundary South
63059'08" West 1 21.43 feet; thence continuing along said boundary South
1 3' 29' 08' W "t 90,00 f "to the nno continni no ,lonO <ojd bOU"" "" sou,"
2 G' n' 20' E '" 11 G. 13 f "to thence Gontim,iny ,'ony >oid bon"d"" sooth
59035' 5 2. Eost 148:00 feet; thence continuing along said boundar-,' south
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VISTA NORTH (CON'Tl
56037'57" East 158.48 feet; thence continuing along said boundary So h
71 "56'52" East 107.61 feet to the beginning of a tangent 250.00 foot radius cuut
concave Southwesterly; thence Southeasterly along the arc of said curve throug~e
central angle of 68052'05" a distance of 300.49 feet; thence continuing along s .~
boundary South 03"04'47" East 821.68 feet to the beginning of a tangent 250.~0
foot radius curve concave Northwesterly; thence continuing along said bound a .
Southwesterly along the arc of said curve through a central angle of 76003'29" ry
distance of 331.87 feet; thence continuing along said boundary South 720 58' 42~
West 391.55 feet to the beginning of a tangent 260.00 foot radius curve concave
Southeasterly; thence continuing along said boundary Southwesterly along the arc of
said curve through a central angle of 60000'00" a distance of 272.27 feet; thence
leaving said boundary North 53005' 11" West 987.48 feet; thence North 34" 22'59"
West 259.30 feet to the beginning of a non-tangent 750.00 foot radius curve
concave Northerly, to which a radial line bears South 43056'02'" East; thence
Westerly along the arc of said curve through a ceJJtcal angle of 96030'35" a distance
of 1263.31 feet; thence South 52034'33" West 534.73 feet; thence North
06"5.:>'58" West 1580.00 feet; thence North 71052'57" West 165.53 feet; thence
North 01 "53'40" West 1083.99 feet; thence North 20036'38" East 778.67 feet to
the TRUE POINT OF BEGINNING.
The bearings. distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
::;urvey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
Those portions of the Southwest Quarter of Section 25. T 17$, R1W SBM and that
portion of Rancho Janal in the City of Chula Vista. County of San Diego. State of
California deeded to Western Salt Company per deed recorded December 18. 1950
as Document No. 147375 in Book 3902. Page 47 O.R. filed in the Office of the
Recorder of said County, said portions being more particularly described as followS:
WOODS
BEGINNING at the Northeasterly corner of Chula Vista Tract No. 88-3 EASTLAKE
GREENS PHASE 1 BIC according to Map thereof No. 12545 filed in the Office of the
Recorder of said County; thence along the Northerly Right-of-way of Otay Lakes Road
. . of a
as shown on said Map North 45019' M" West 790.83 feet to the beginning
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WOODS (CaN'T)
tangent 2067.00 foot radius curve concave Southwesterly; thence continuing al
said Northerly Right-of-way line Northwesterly along the arc of said curve throu o~g
central angle of 15011'28" a distance of 548.03 feet; thence leaving said Northg la
Right-of-way line North 30018'41" East 625.04 feet to the beginning of a tan er y
. . gent
370.00 foot radIus curve concave Westerly; thence Northerly along the arc of 'd
curve through a central angle of 54036'52" a distance of 352.68. feet; thence N~~h
24.018' 11" West 731.70 feet to the beginning of a tangent 830.00 foot radius curve
concave Easterly; thence Northerly along the arc of said curve through a central angle
of 29028' 45" a distance of 427.04 feet; thence North 05010'34" East 332.75 feet"
thence North 65053'38" East 277.31 feet to the North line of said portion of Ranch~
Janal deeded to Western Salt Company; thence along said North line South
88027'55" East 2303.05 feet to the Southwest corner of Parcel 2 of said deed to
Western Salt Company; thence along the West line of said Parcel 2, North 01 001 '59"
East 1947.28 feet; thence along the Northeasterly line of said Parcel 2, South
59042'31" East 868.00 feet; thence continuing along said Northeasterly line of said
Parcel 2, South 55054'31" East 198.00 feet; thence continuing along said
Northeasterly line of said Parcel 2, South 64049'44" East 233.91 feet; thence
contllluing along said Northeasterly line of said Parcel 2 South 41028'05" East
1817.65 feet; thence along the South line of said Parcel 2 North 88027'55" West
6.28 feet to the Northeast corner of Parcel 1 of said deed to Western Salt Company;
thence along the Easterly line of said Parcel 1 South 05034'30" West 167.82 feet;
thence continuing along said Easterly line South 87045' 13" West 604.60 feet; thence
continuing along said Easterly line South 84015' 13" West 311.00 feet; thence
continuing along said Easterly line South 74044'47" East 394.40 feet; thence
continuing along said Easterly line South 51014' 47" East 174.11 feet; thence
continuing along said Easterly line South 17045' 13" West 240.60 feet; thence
continuing along said Easterly line North 72015'13" East 239.70 feet; thence
continuing along said Easterly line South 81044'47" East 457.00 feet; thence
continuing along said Easterly line South 50044'47" East 98.30 feet; thence
continuing along said Easterly line South 04044'47" East 98.70 feet; thence
continuing along said Easterly line South 43015' 13" West 197.00 feet; thence
continuing along said Easterly line South 54015' 13" West 306.00 feet; thence
continuing along said Easterly line South 59015'13" West 308.40 feet; thence
continuing along said Easterly line South 44015' 13" West 235.70 feet; thence
continuing along said Easterly line South 87014'47" East 631.80 feet; thence
continuing along said Easterly line South 26044'47" East 108.50 feet; thence
continuing along said Easterly line South 20015' 13" West 101.20 feet; thence
continuing along said Easterly line South 33045'13" West 203.10 feet; thence
continuing along said Easterly line South 49015' 13" Wesl 179.50 feet; thence
continuing along said Easterly line South 60045'13" West 119.80 feet; thence
continuing along said Easterly line North 72014'47" West 122.00 feet; thence
continuing along said Easterly line South 33015'13" West 228.50 feet: thence
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continuing along said Easterly line South 82045' 1 3" West 1 07.50 feet; thence
continuing along said Easterly line North 69014'47" West 285.00 feet; thence
continuing along said Easterly line South 02015'13" West 314.00 feet; thence
continuing along said Easterly line South 53015' 13" West 653.80 feet; thence
continuing along said Easterly line South 03044'47" East ; 43.93 feet; thence
col1tinuing along said Easterly line North 75013'38" West 48.78 feet; thence
continuing along said Easterly line South 64030'22" West 111.23 feet; thence
continuing along said Easterly line South 41057'22" West 350.62 feet; thence
continuing along said Easterly line South 57042'22" West 200.50 feet; thence
continuing along said Easterly line South 55018' 22" West 209.80 feet; thence
continuing along said Easterly line South 48016' 22" West 42.88 feet; thence
continuing along said Easterly line South 43028'22" West 356.97 feet; thence
continuing along said Easterly line South 53045'22" West 266.70 feet; thence
continuing along said Easterly line South 32020'38" East 51.54 feet to the centerline
of Otay Lakes Road as dedicated to the City of Chula Vista per deed Recorded
November 28, 1990, FIP 90-634654 and shoWn on City of Chula Vista Drawing No.
90-""17; thence along said centerline North 77038'00" West 245.61 feet to the
beginning of a tangent 2000.00 foot radius curve concave Northeasterly; thence
continuing along said centerline Northwesterly along the arc of said curve through a
. central angle of 32018' 16" a distance of 1127.64 feet; thence continuing along said
centerline North 45019'44" West 227.81 feet to a point on the Easterly line of the
boundary of said Map No. 12545; thence along said Easterly line North 44040' 16"
East 67.00 feet; to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
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BUSiNESS CENTER"
That portion of Rancho Janal in the City of Chula Vista, Count'{ of San Diego, State
of California deeded to Western Salt Company per deed recorded December 18. 1950
as Document No. 147375 in Book 3902, Page 47 a.A. filed in the Office of the
Recorder of said CountY. said portions being more particularly described as follows:
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BUSINESS CENTER \1 (CON'T}
BEGINNING at the Northeast corner of Lot 7 of Chula Vista Tract No. 84-7 Unit N
1 according \0 Map thereof No. 11509 filed in the Office of the Recorder of sa~d
County; thence along the Northerly line of Parcell of said deed to Western S \t
Company South 88027' 55" East 2165.38 feet; thence leaving said Northerly lia
South 65053'38" West 277.31 feet; thence South 05010'34" West 332.75 feet ~e
the beginning of a tangent 830.00 foot radius curve concave Easterly; thenc~
Southerly along the arc of said curve through a central angle of 29028'45" a distance
of 427.04 feet; thence South 24018' 11" East 731.70 feet to the beginning of a
tangent 370.00 foot radius curve concave Westerly; thence Southerly along the arc
of said curve through a central angle of 54036'52" a distance of 352.68 feet; thence
South 30018' 41" West 625.04 feet to the beginning of a non-tangent 2067.00 foot
radius curve concave Southerly, to which a radial line bears North 29028'48" East,
said point being on the Northerly Right-of-way of Otay Lakes Road as shown on Map
No. 12545 filed in the Office of the Recorder of said CountY; thence along said
Northerly Right-of-way, Westerly along the arc oi said curve through a central angle
of 4: 055'32" a distance of 1476.43 feet; thence continuing along said Northerly
Right-of-way South 78033' 16" West 757.09 feet to the beginning of a tangent
5067.00 foot radius curve concave Southeasterly; thence continuing along said
Northerly Right-of-way Southwesterly along the arc of said curve through a central
angle of 00022'58" a distance of 33.85 feet to a point on the Easterly boundary of
said Map No. 11509; thence along said Easterly boundary North 11019'02" East
1295.08 feet; thence along said Easterly boundary North 01028'15" East 1125.63
feet to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
These descriptions do not necessarily constitute, or describe, legal building sites.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
Chris D. Ciremele
L.S.5267
10
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EASTLAKE III
E x Ii i 811 !'\ - ~
THE TRUST PROPERTY
(LEGAL DESCRIPTION)
LANDSWAP
Those portions of Lot 11 of Otay Ranch according to Map thereof No. 862 filed in the
Office of the Recorder of San Diego County; the Northwest Quarter and the SOutheast
Quarter and the Northeast Quarter of Sectiorl 3, T 18S, R 1 W S8M; and the
Southwest Quarter of Section 34, T 17S, R 1 W S8M all in the City of Chula Vista
,
County of San Diego, State of California, said portions being more particularly
described as follows:
8EGINNING at the Northwest corner of said Northeast Quarter of Section 3; thence
along the North line of said Northeast Quarter of Section 3 South 88046'06" East
10.00 feet; thence leaving said Northerly line along a line 10.00 feet Easterly of and
parallel with the West line of said Northeast Quarter of Section 3, South 00035'48"
West 470.44 feet to the beginning of a non-tangent 1970.00 foot radius curve
concaYe: Southwesterly, to which a radial line bears North 49031 '33" East said point
being on the Southwesterly line of Final Order of Condemnation No. 494337 (Parcel
200-A) recorded October 3, 1983, F/P No. 83-353519 O.R.; thence leaving said
parallel line, along a line along said Southwesterly line, Northwesterly along the arc
of said curve through a central angle of 01 024'34" a distance of 48.46 feet; thence
continuing along said Southwesterly line North 41 053'01" West 1659.39 feet to the
Southeasterly Right-of-way of Otay Lakes Road as described in Final Order of
Condemnation No. 602528 recorded February 5, 1990, as FIP 90-064524 O.R. said
point being the beginning of a non-tangent 4933.00 foot radius curve concave
Southeasterly, to which a radial line bears North 31019'49" West; thence along said
Southeasterly line Northeasterly along the arc of said curve through a central angle of
02007' 12" a distance of 182.53 feet; thence continuing along said Southeasterly line
North 60047'23" East 597.45 feet; thence South 31 025'49" East 10.99 feet; thence
North 58034'11" East 187.80 feet to the beginning of a tangent 4933.00 foot radius
curve concave Southeasterly; thence Northeasterly along the arc of said curve through
a central angle of 04007'30" a distance of 355.15 feet to a point on the East line of
said Southwest Quarter of Section 34; thence along said East line South 00016' 14"
West 1447.66 feet to the POINT OF BEGINNING.
Also:
BEGINNING at the Northwest corner of said Southeast Quarter of Section 3; thence
along the West line of said Southeast Quarter South 00035'48" West 10.00 feet to
the TRUE POINT OF BEGINNING; thence leaving said Westerly line, parallel with the
11
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LANDSWAP (CaN'T)
North line of said Southeast Quarter South 88019'01" East 1826.96 feet t
SouthWesterly line of that 120.00 foot easement granted to SDG &E per docuo the
recorded April 5, 1983, FIP 83-107938 O.R.; thence along said Southwesterly ~ent
South 39041 '27" East 256.30 feet; thence continuing along said Southwesterly II~e
South 41024' 13" East 966.18 feet to the Westerly line of Rancho Janal accord~ne
to Map thereof No. 989 filed in the Office of the Recorder of San Diego Counl;~
thence along said Westerly line, South 00041 '24" West 1423.95 feet to t~'
Southerly line of said Rancho Janal; thence:. along said Southerly line, Nort~
71056'55" East 1039.70 feet to the Southwesterly line of said SDG&E easement.
thence along said Southwesterly line, South 41024'13" East 354.55 feet to th~
beginning of a non-tangent 5000.00 foot radius curve concave Southerly, to which
a radial line bears North 17055'29" West; thence leaving said Southwesterly line
Westerly along the arc of said curve through a central angle of 00058'32" a distance
of 85.13 feet; thence South 71005' 59" West 227.19 feet to the beginning of a
tangent 2000.00 foot radius curve concave Northerly; thence Westerly along the arc
of said curve through a central angle of 35018'32" a distance of 1232.51 feet;
thence North 73035'29" West 618.51 feet to the beginning of a tangent 1600.00
foo. ;adius curve concave Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 38034' 39" a distance of 1077.29 feet; thence North
35000'50" West 370.00 feet to the beginning of a tangent 1600.00 foot radius
curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 31025' 13" a distance of 877.42 feet to the West line of
said Southeast Quarter of Section 3; thence along said West line North 00035'48"
East 827.02 feet to the TRUE POINT OF BEGINNING excepting therefrom that portion
conveyed to the Otay Water District by Grand Deed recorded March 19, 1993 as File
No. 1993-0172610, Official Records.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
Chris D. Ciremele
L.S.5267
12
sf
EXHIBIT A-3
Land Swap
Business Center II Trails W oods/Vistas Parcels
GDP Amended EL II EL II EL III EL II
SPA Amended EL I Trails SPA EL III Greens SPA
Development Agreement EL III EL III EL III EL III
h,\attorney\annm\eastla3.doc
26
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ATTACHMENT 5
. O\VNERSIDP DISCLOSURE STATEMENT
sC;
THE crn OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payme t
or campaign contributions, on all matters which will require discretionary action on the part of the ~.~'
Council, Planning Commission, and all other official bodies. The following information must be disClos~:
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.
t t~Jkk CojOWl-:; tlL
~. . :swell t-. u ~v
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.
~r b. 1?crSWt,j I
3. If any person' identified pursuant to (1) above is nonoprofitorganization 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 th~ City.in this matter.
g /1 &4A & 1/ ;r1c;CMm
GVy A-:.c.fO 0afv ;:,;...1'
(.--</(!5u{;!t. flu; (;/c;l/
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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..L If yes, state which
Councilmember(s):
Date:
qj;/o /
I /
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
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,
Sig~a;ur~' of co'ntractor/applicant
00/ ;/:54 r6
Print or tYpe name of contractor/applicant
* Person /5 defined as. "'Any individual. firm, co-partnership, joint venture, association. social club. freaterna! organization. corporation.
estatc, (rus( receiver, syndicate. this and any other ("ounry. city and country, city municipality, dIstrICt. or other political subdivision, or Qny
other group or combinarion acring as a unit'
S-7
PLANNING COMMISSION AGENDA STATEMENT
Item: 3a
Meeting Date: 9/26/01
ITEM TITLE:
Public Hearing: Consideration of the Final Second Tier Enviromnental
Impact Report (ErR 01-02) for the Otay Ranch General Development Plan
(GDP) Amendments/Village II Sectional Planning Area (SPA) Plan and
Conceptual Tentative Map (TM).
BACKGROUND:
In accordance with the requirements of the California Enviromnental Quality Act (CEQA), a
Second Tier ErR, CEQA Findings of Fact, and Mitigation Monitoring and Reporting Program
have been prepared for the Otay Ranch GDP Amendments and Village 11 SPA Plan/TM. This
staff report discusses the content ofthe Final EIR, focusing primarily on those areas in which the
majority of comments were received. The Final EIR contains responses to comments received
during the public review period.
On August 29, 2001, the PJanning Commission held a public hearing to close the public review
period for the draft EIR. Attached for your information, are the August 29, 2001 Planning
Commission minutes (Attachment 1). At this meeting, the Commission asked for clarification
on extent of the project area, urban runoff and permitting issues. Staff clarified each of these
issues for the Commission at that time.
RECOMMENDATION:
That the Planning Commission adopt:
. Resolution EIR 01-02 recommending the City Council certify that the final Second-Tier
Enviromnental Impact Report (EIR 01-02) for the Otay Ranch General Development
Plan Amendments/Village 11 Sectional Planning Area Plan and Conceptual Tentative
Map has been prepared in accordance with the California Enviromnental Quality Act
(CEQA), the State CEQA Guidelines and the Enviromnental Review Procedures of the
City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding
Considerations; and adopting a Mitigation Monitoring and Reporting Program.
BOARDS/COMMISSIONS RECOMMENDATION:
A meeting was scheduled for the Resource Conservation Commission's (RCC) review of the
Final ErR on September 17, 2001. After reviewing and discussing the document, the RCC voted
4-2 to recommend certification of the Final EIR. Those who voiced their concerns voted in
opposition to the project based on regional freeway impacts and not on the specifics of the GDP
amendments and SPA Plan.
Page 2, Item: 3a
Meeting Date: 9/26/01
DISCUSSION:
The Village 11 EIR evaluates the enviromnental effects of the proposed Otay Ranch General
Plan/General Development Plan (GDP) Amendments, and Village II Sectional Planning Area
(SPA) Plan, and the subsequent Conceptual Tentative Map (TM). The proposed GDP
Amendments involve Village boundary changes, amendments to the City of Chu1a Vista
Circulation Element roadways, reorganization of land use designations and reordering of
development phasing that have evolved from changes to ownership and infrastructure phasing
since adoption of the Otay Ranch GDP/SRP on October 28,1993. The Village 11 SPA Plan and
Conceptual TM proposes development of 2,304 residential units, as well as a village core area
containing commercial, public and community purpose facilities, schools, parks and open space
uses.
CEQA Compliance
Because of the size, complexity of issues and extended buildout time frame of the Otay Ranch
Project, both the planning and enviromnental documentation associated with Otay Ranch were
tiered from the general to the specific. The first tier of planning and approvals included approval
of the Final Otay Ranch GDP/SRP Program EIR (90-01). The Final Program EIR for Otay
Ranch was prepared and certified jointly by the City of Chula Vista and County of San Diego.
The Program EIR for the Otay Ranch GDP was certified with the intent that the individual SPA
planning projects within Otay Ranch would be reviewed as "second-tier" projects pursuant to
Section 15153 of the California Environmental Quality Act (CEQA) Guidelines. Under such
tiering principles, the proposed GDP Amendments are analyzed at a first-tier level of review
(program level). The Village 11 SPA and TM analysis are analyzed at a second-tier level of
review (project level).
The Village 11 EIR incorporates by reference and serves as a second-tier EIR to the following
documents: the Final Otay Ranch GDP/SRP Program EIR (90-01), the City of Chula Vista
Sphere of Influence Update (94-03); the Final Second Tier EIR for Otay Ranch SPA One and
GDP/SRP Amendments (97-03); the Otay Water District Resources Master Plan Final Master
EIR (97-04); the Olympic Parkway Mitigated Negative Declaration (IS 00-33); the Final
Program EIR for the Salt Creek Interceptor and Wolf Canyon Trunk Sewer (01-03); and the
final Eastlake III Woods and Vistas Replanning Program EIR (01-01).
Comments on the Draft EIR
Letters of comment were received on the Draft EIR from the following agencies and individuals:
US fish and Wildlife Service
State of California, Department of Transportation- District 11
County of San Diego
City of San Diego
Page 3, Item: 3a
Meeting Date: 9/26/01
Chula Vista Elementary School District
Otay Water District
San Diego County Water Authority
The Corky McMillin Companies
The Otay Ranch Company
San Diego Association of Governments
The letters and responses are included in the Final EIR 01-02 (Attachment 2).
Additional Revisions to Draft EIR
Minor typographical corrections and clarifications have been made to information contained in
the Draft EIR, and the Final ErR reflects the corrected information. None of the corrections
resulted in modifications to conclusions regarding the significance of impacts. The Errata in the
Final EIR summarizes the corrections and related revisions.
Findings ofthe Final EIR 01-02
The Final ErR identified a number of direct and indirect significant enviromnental effects (or
"impacts") that would result from the proposed GOP Amendments, SPA Plan and TM. Some of
these significant effects can be fully avoided through the adoption of feasible mitigation
measures. Other impacts cannot be avoided by the adoption of feasible mitigation measures or
feasible enviromnentally superior alternatives. In order to approve the proposed project, a
Statement of Overriding Considerations must be adopted. The Statement of Overriding
Considerations is included as a part of the proposed "Findings of Fact." Implementation of the
proposed project will result in significant umnitigated impacts, which are listed below and
further described in the attached Findings of Fact and Statement of Overriding Considerations
(Attachment 3).
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions for the Final EIR.
Project level and cumulative impacts are identified and divided into three categories: significant
and umnitigated, significant and mitigated to less than significant, and less than significant. The
impacts associated with the proposed GDP Amendments are organized separately rrom those
resulting from the implementation of the proposed Village II SPNTM.
Significant and Unmitigated Impacts
Significant and unmitigated impacts are defined as those impacts that would remain significant
after the application of mitigation measures. Significant and umnitigated impacts were
identified in the following enviromnental issue areas:
._..,..-.__._-_._.~--- .~.- --_._.~
Page 4, Item: 3a
Meeting Date: 9/26/01
GDP Amendments
The Final Second Tier Environmental Impact Report (EIR 01-02) does not result in any new or
additional impacts beyond those identified in the Program EIR (90-01), which was certified and
adopted in 1993. The proposed GDP Amendments are considered to be consistent with the
overall intent of the adopted GDP, and therefore, would not substantially change the conclusions
of the impact analyses presented in the Program EIR (90-01).
The Program EIR (90-01) for the adopted Otay Ranch GDP concluded that significant
unmitigable impacts identified at a program-level of analysis would result rrom implementation
ofthe Otay Ranch GDP in the following areas:
Land Use
Biological Resources
Agricultural Resources
Air Quality
Water Supply
Law Enforcement
Library Service
Hazards/Risk of Upset
Landform Alteration and Aesthetics
Cultural Resources
Transportation, Circulation and Access
Noise
Integrated waste management
Fire Protection
Parks and Recreation
A Statement of Overriding Considerations was adopted for the Otay Ranch GDP Program EIR
(90-01). The currently proposed GDP Amendments would not change the conclusions of the
Program EIR (90-01) with respect to the significant umnitigable impacts. The Statement of
Overriding Considerations proposed for this project is consistent with that previously adopted for
the Program ErR (90-01).
Village 11 SP A/TM
The significant, umnitigable impacts identified in the Final EIR are either cumulative or regional
in nature. Cumulative impacts are significant when the project is combined with other projects
in the subregion, whereas an impact that is regional in nature is beyond the sole control of the
City of Chula Vista. The reasons for the determination of significant and umnitigable are
discussed below:
Land Use (Cumulative): Implementation of the proposed Village II SPA Plan/TM would
contribute to the conversion of vacant land throughout the Otay Ranch area to urban uses. The
overall loss of open space associated with the conversion of the proposed Village 11 SPA, in
conjunction with buildout of the cumulative projects, would result in a significant, cumulative
and unmitigable impact.
Landform/Alteration and Aesthetics (Cumulative): Development of the proposed Village 11 SPA
Plan/TM would contribute to an overall change in visual character of the region from rural to an
urban setting. The overal1loss of the rural setting associated with the development of Village 11
SP A would result in a significant, cumulative and umnitigable impact.
Page 5, Item: 3a
Meeting Date: 9/26/01
Biological Resources (Project): Development of the proposed Village 11 SPA Plan/TM would
result in significant umnitigable impacts to sensitive upland habitats and sensitive wildlife
species (including impacts to cactus wren and California gnatcatcher habitat, 49 sensitive
species, raptor foraging areas, and regional/local wildlife corridors). These impacts would be
directly related to implementation of the proposed SP NTM.
Agricultural Resources (Cumulative): Development of the proposed Village II SPA PlanlTM
would contribute to the loss of important agricultural lands throughout the Otay Ranch area. The
combined conversion of open space to developed land represents a siguificant, cumulative and
unmitigable impact.
Transportation, Circulation and Access (Cumulative): For the years 2005, 2010, 2015 and 2020,
and the buildout scenario, significant cumulative impacts are identified for 1-805, between Bonita
Road and Telegraph Canyon Road. The mitigation for these impacts is continued rreeway
planning efforts by Caltrans and SANDAG to determine acceptable mitigation strategies for the
regional freeway system. Freeway improvements are regional in nature and beyond the control
of either a single developer or the City. Therefore, the impacts to freeways are considered
cumulatively significant and cannot be fully mitigated to a level of less than significant.
Air Quality (Cumulative): The proposed project will generate air pollutants during construction
as well as during long-term operation. Pollutants in the San Diego Air Basin exceed federal and
state standards, and the basin is therefore classified as non-attaimnent. Any incremental increase
in pollution, therefore, is considered a significant impact. The regional impact of the proposed
project is beyond the control of the City and the applicant, and cannot be mitigated to a level less
than significant.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following enviromnental issue areas. Mitigation
measures required in the ErR would reduce the impacts to less than significant.
GDP Amendments
. Geology/Soils (project)
. Paleontological Resources (project and cumulative)
. Water Resources and Water Quality (project and cumulative)
. Water Facilities (project and cumulative)
. Sewer Service (project and cumulative)
. Schools (project and cumulative)
Page 6, Item: 3a
Meeting Date: 9/26/01
Village 11 SPAlTM
. Landform Alteration and Aesthetics (project)
. Biological Resources (project - impacts to broom baccharis scrub, coastal sage scrub,
cismontane alkali marsh, non-native grassland, southern cactus scrub, California horned
lark, and preserve edge effects)
. Geology/Soils (project)
. Paleontological Resources (project and cumulative)
. Agricultural Resources (project)
. Water Resources and Water Quality (project and cumulative)
. Transportation, Circulation and Access (project and cumulative, except as discussed
above)
. Noise (project and cumulative)
. Air Quality (proj ect)
. Water Supply and Facilities (project and cumulative)
. Sewer Service (project and cumulative)
. Integrated Waste Management (project and cumulative)
. Law Enforcement (project and cumulative)
. Fire Protection (project and cumulative)
. Schools (project and cumulative)
. Library Services (project and cumulative)
. Parks and Recreation (project and cumulative)
. HazardslRisk of Upset (project)
Less than Significant Impacts
Less than significant impacts were identified in the following environmental issue areas:
GDP Amendments
No less than significant issues were identified for the proposed GDP Amendments.
Village 11 SPAlTM
. Land Use, Planning and Zoning (project)
. Cultural Resources (project and cumulative)
. Housing and Population (cumulative)
. Geology and Soils (cumulative)
. Mineral Resources (project and cumulative)
. Gas/Electric Service (project and cumulative)
Page 7, Item: 3a
Meeting Date: 9/26/01
CONCLUSIONS:
At the time the Program EIR (90-01) was certified and adopted in October 1993, the City
Council and the County Board of Supervisors jointly determined that substantial social,
enviromnental and economic benefits of the Otay Ranch project outweighed the significant and
unmitigable impacts associated with the project and a Statement of Overriding Considerations
for the Otay Ranch project was approved. The proposed GDP Amendments and Village 11
SPNTM implement the same vision of the Otay Ranch GDP, which was comprehensively and
carefully considered at this time.
All feasible mitigation measures with respect to project impacts for both the GDP Amendments
and the Village 11 SP NTM have been included in the Final ErR (see Mitigation Monitoring and
Reporting Program in Attachment 4). As described above, the Village II project will result in
unmitigable impacts that would remain significant after the application of these measures;
therefore in order to approve the project, the City must adopt a Statement of Overriding
Considerations pursuant to CEQA Guidelines Sections 15043 and 15093 (see Section XI the
CEQA Findings).
The City has examined a reasonable range of alternatives to the proposed project, other than the
proposed project described in the Final EIR. Based on this examination, the City has determined
that neither of the alternatives meets the project objectives, or is enviromnentally superior to the
project (see Section X of the CEQA Findings).
Staff believes that the Final EIR meets the requirements of the California Enviromnental Quality
Act (CEQA) and, therefore recommends that the Planning Commission recommend to the City
Council that they find that the Final EIR has been completed in compliance with CEQA and
recommend adoption of the Draft Findings of Fact attached to this staff report
Attachments
1. Planning Commission Minutes - August 29, 2001
2. Final EIR 01-02
a. Errata
b. Comments and Responses
3. Findings of Fact and Statement of Overriding Considerations
4. Mitigation Monitoring and Reporting Program
RESOLUTION NO. EIR 01-02
RESOLUTION OF THE PLANNING COMMISSION OF CHULA VISTA
CERTIFYING THAT THE FINAL SECOND-TIER ENVIRONMENTAL
IMPACT REPORT (EIR 01-02) FOR THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN AMENDMENTSNILLAGE 11 SECTIONAL
PLANNING AREA PLAN AND CONCEPTUAL TENTATIVE MAP HAS BEEN
PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), THE STATE CEQA GUIDELINES AND THE
ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA
VISTA; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, Brookfield Shea Otay, LLC, submitted an application requesting
approvals for amendments to the City of Chula Vista General Plan and Otay Ranch
General Development Plan (GDP), and approval of a Sectional Planning Area (SP A) Plan
and conceptual Tentative Map (TM) for Village II ("Project"); and
WHEREAS, a Draft EIR 01-02 was issued for public review on July 13, 2001
and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for Draft ErR 01-02 on August 29, 2001 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for the Draft EIR 01-02 on September 26,2001; and
WHEREAS, a Final Environmental Impact Report (FEIR 01-02) was prepared
on the Otay Ranch General Development Plan AmendmentsNillage 11 Sectional
Planning Area Plan and Conceptual Tentative Map; and
WHEREAS, FEIR 01-02 incorporates, by reference, the prior EIRs that address
the subject property including the Chula Vista General Plan EIR, Otay Ranch GDP/SRP
Program EIR (90-01), the Otay Ranch SPA One and Annexation Final Second Tier ErR
(95-01), the Otay Ranch SPA One and GDP/SRP Amendments Second Tier EIR (97-03),
Program EIR for the Otay Ranch and the City of Chula Vista Sphere of Influence Update
(94-01), Otay Water District Resources Master Plan Master EIR (97-04), Olympic
Parkway Mitigated Negative Declaration (MND) (IS 00-33), Program EIR for the Salt
Creek Interceptor Sewer (EIR 01-03), and the EastLake III Woods and Vistas Replanning
Program (EIR 01-01) as well as their associated Findings of Fact and Mitigation
Monitoring and Reporting Programs; and
WHEREAS, to the extent that the Findings of Fact and the Statement of
Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk, known as Document Number,
, conclude that proposed mitigation measures outlined in Final EIR 01-02
are feasible and have not been modified, superseded or withdrawn, the City of Chula
Vista hereby binds itself and the Applicant and its successors in interest, to implement
those measures. These findings are not merely information or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution
approving the project. The adopted mitigation measures contained within the Mitigation
Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk, known as Document Number , are
expressed as conditions of approval. Other requirements are referenced in the Mitigation
Monitoring and Reporting Program adopted concurrently with these Findings of Fact and
will be effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION of the City of Chula Vista does hereby recommend that the City
Council of the city ofChula Vista find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearings on Draft EIR 01-02 held on August 29, 2001 and September
26, 2001 and the minutes and resolutions resulting thererrom, are hereby
incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision-makers, including documents specified in
Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire
record of proceedings for any claims under the California Enviromnental Quality
Act ("CEQA") (Public Resources Code 921000 et seq.).
II. FEIR 01-02 CONTENTS
That the FEIR 01-02 consists of the following:
I. Second Tier EIR for the Otay Ranch GDP AmendmentsNillage 11 SPA Plan
(including technical appendices); and
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01-02")
III. ACCOMPANYING DOCUMENTS TO FEIR 01-02
I. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that FEIR 01-02, the Findings of
Fact and the Statement of Overriding Considerations (Exhibit "A" to this
Resolution, know as Document Number ~, and the Mitigation Monitoring and
Reporting Program (Exhibit "B" to this Resolution, known as Document Number
-----> are prepared in accordance with the requirement of CEQA (Pub. Resources
Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14
915000 et seq.), and the Enviromnental Review Procedures of the City ofChula
Vista.
V. INDEPENDENT JUDGEMENT OF PLANNING COMMISSION
That the Planning Commission finds that the FEIR 01-02 reflects the independent
judgment of the City ofChula Vista Planning Commission.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND
REPORTING PROGRAM AND STATEMENT OF OVERRIDING
CONSIDERATIONS
A. Adoption of Findings of Fact
The Planning Commission does hereby approve, accepts as its own,
incorporate as if set forth in full herein, and make each and every one of
the findings contained in the Findings of Fact, Exhibit "A" of this
Resolution, known as Document Number _, a copy of which is on file
in the office of the City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible ml!lgation measures and any
feasible alternatives, certain significant or potentially significant
enviromnental effects caused by the project, or cumulatively, will remain.
Therefore, the Planning Commission of the City of Chula Vista hereby
issues, pursuant to CEQA Guidelines Section 15093, a Statement of
Overriding Considerations in the form set forth in Exhibit "A," known as
Document Number , a copy of which is on file in the office of the
City Clerk, identifying the specific economic, social and other
considerations that render the unavoidable significant adverse
environmental effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-02 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, known as
Document No. _, a copy of which is on file in the office of the City
Clerk, the Planning Commission hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
the mitigation measures described in the above referenced documents are
feasible and will become binding upon the entity (such as the project
proponent or the City) assigned thereby to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
known as Document Number _, a copy of which is on file in the office
of the City Clerk, the Planning Commission hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section
15091 that alternatives to the project, which were identified in FEIR 01-
02, were not found to reduce impacts to a less than significant level or
meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning
Commission recommends that the City Council adopt Mitigation
Monitoring and Reporting Program set forth in Exhibit "B" of this
Resolution, known as Document Number _, a copy of which is on file
in the office of the City Clerk. The Planning Commission further finds
that the Program is designed to ensure that, during project implementation,
the permittee/project applicant and any other responsible parties
implement the project components and comply with the mitigation
measures identified in the Findings of Fact and the Mitigation Monitoring
and Reporting Program.
VII. NOTICE OF DETERMINATION
That the EnvirotnTIental Review Coordinator of the City of Chula Vista is directed
after City Council approval of this Project to ensure that a Notice of
Determination is filed with the County Clerk of the County of San Diego. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code 921000 et seq.).
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of
Chu1a Vista recommends to the City Council that FEIR 01-02 and the Findings of Fact
and Statement of Overriding Considerations (Exhibit "A" to this Resolution, known as
Document Number ), and the Mitigation Monitoring and Reporting Program
(Exhibit "B" to this Res01ution, known as Document Number ) are prepared in
accordance with the requirement of CEQA (Pub. Resources Code, g21000 et seq.),
CEQA Guidelines (California Code Regs. Title 14 g15000 et seq.), and the
Enviromnental Review Procedures of the City of Chula Vista and therefore, should be
certified.
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 26th day of September, 2001, by the
fol1owing vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Kevin O'Neill, Chairman
Diana Vargas
Secretary to Planning Commission
Exhibit A
Exhibit B
Findings of Fact and Statement of Overriding Considerations
Mitigation Monitoring and Reporting Program
PLANNING COMMISSION AGENDA STATEMENT
Item: 3 b
Meeting Date: 9/26/01
ITEM TITLE:
Public Hearing: GPA 01-06 and PCM 99-14;Requests to amend the
City of Chula Vista General Plan and the Otay Ranch General Development
Plan for Villages Seven, Nine, 10, 11 and Planning Area 12 (Freeway
Commercial and Eastern Urban Center) including realigmnent of arterial
roads and adjustments of village boundaries, reorganization of land use
designations and reorder of village phasing.
Applicant - The McMillin Companies, Brookfield Shea Otay and the City of
Chula Vista
The McMillin Companies and Brookfield Shea Otay (BSO) in conjunction with the City have
applied to amend the City ofChula Vista General Plan Land Use and Circulation Elements and the
Otay Ranch General Development Plan (GDP) for Villages Seven, Nine, 10, 11 and Planning Area
12 (the Freeway Commercial and Eastern Urban Center). The proposed amendments will realign
Hunte Parkway and EastLake Parkway and eliminate portions of Birch Road and Patrick Drive. The
change to the circulation plan will require adjustments to village boundaries and reorganization of
land use designations. Amendments are also proposed for the Otay Ranch GDP Village Phasing Plan
to move Village II and the Freeway Commercial area to the Second Westem Phase. Finally, the
amendments also propose to relocate high school and middle school sites within the Otay Valley
Parcel.
The City's Enviromnental Review Coordinator has reviewed the Project and determined that the
Project would result in significant impacts to the enviromnent; therefore, EIR 01-02 has been
prepared.
RECOMMENDATION:
That the Planning Commission adopt:
· Resolution No. GP A 01-06 recommending that the City Council approve the amendments to
the City ofChula Vista General Plan, and;
· Resolution No. PCM 99-14 recommending that the City Council approve the amendments
to the Otay Ranch General Development Plan.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission met on September 17,2001 to consider the Final Second.
Tier Enviromnental Impact Report EIR 10-02 and voted 4-2 to recommend certification of the
document. Those who voiced their concerns voted in opposition to the project based on regional
freeway impacts and not on the specifics of the GDP amendments and SPA Plan.
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
BACKGROUND:
In October 1993, the City Council approved the Otay Ranch General Development Plan and
companion General Plan amendments that laid out the circulation system and defined the village and
Planning Area boundaries for the Otay Val1ey Parcel. The GDP planned for Hunte Parkway to run
along the south side ofthe development area of the Otay Valley Parcel at the top of Salt Creek and
the Otay River Val1ey connecting with Main Street at SR-125. EastLake Parkway extended south
from Olympic Parkway terminating at Birch Drive. Birch Drive ran easterly between SR 125 and
Hunte Parkway forming the southern boundary of the Freeway Commercial and Village II. SR 125,
Birch Road, Alta Road and Patrick Drive bound the Eastern Urban Center (EUC).
In 1996, McMillin Companies became the owners of approximately 1,000 acres in the Otay Valley
Parcel. The majority oftheir ownership is located in Vil1age Seven and Planning Area 12, containing
the Freeway Commercial and Eastern Urban Center. In 1998, New Millennium became the owners
of approximately 1,204 acres in the Otay Valley Parcel, formerly owned by Baldwin Builders, and
initiated plans to develop their ownership. Last year, New Millennium sold their ownership in the
Otay Ranch to Brookfield Shea Otay (BSO), a partnership between Brookfield Homes and Shea
Homes. BSO has continued to process the GDP amendments initiated by New Millennium.
The BSO ownership is located in Vil1ages 10 and 11 and Salt Creek Canyon. The Otay Ranch GDP
amendments proposed by BSO basical1y consolidates their ownership into Village II and, in
conjunction with McMillin, realigns EastLake Parkway to follow the property line between their
ownership in Planning Area 12 and Vil1age II. The realignment of Hunte Parkway will eliminate
Hunte Parkway through the University site. The amendment eliminating Hunte Parkway through the
University site was added by the City.
The overall proposed amendment area is located on 1,540 acres ofthe Otay Valley Parcel south of
Olympic Parkway and east ofSR 125. Salt Creek is on the eastern border, and the Otay River Valley
is located to the south of the amendment area. In addition to the GDP circulation and village
boundary amendments, BSO and McMillin Companies has requested an amendment to the Village
Phasing Plan that would move Village II and the Freeway Commercial area into the Second
Western Phase that contains Villages Two and Six. Vil1age Two is owned by the Otay Ranch
Company, which has a Vil1age Two SPA application on file with the City. Both the McMillin
Companies and the Otay Ranch Company own Village Six. The SPA Plan for Vil1age Six is
scheduled for public hearings later this year.
I. General Plan, Zoning and Land Use
Circulation
The Circulation Element of the General Plan and the Mobility Chapter of the Otay Ranch GDP
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
currently indicate the following for arterial roads in the Otay Valley Parcel:
Hunte Parkway
EastLake Parkway
Birch Road
6-lane Prime Village 11/4-lane Major Villages Nine & 10
6 lane Prime ending at Birch Road
4 lane Major rrom La Media to SR-125 &
Eastlake Parkway to Hunte Parkway
6 lane Prime SR-125 to Eastlake Parkway
4 lane Major from AHa Road to Birch Road
Patrick Drive
Land Use/Zoning
The Land Use Element of the General Plan designates the village boundaries and land uses of the
Otay Ranch. The entire Otay Ranch is zoned Planned Community (PC) as are all of the master
planned communities in Eastern Chula Vista. As provided for in the PC zone actual land use
regulations are not approved for the village until the Planned Community District Regulations are
approved as part ofthe SPA Plan for the village. The entire 1,540 acres involved in the amendment
area is vacant and currently farmed for part of the year to grow barley. Cattle are grazed on the
agricultural land part of the year.
II. Proposed Plan
A. General Plan Amendment
The amendments to the City of Chula Vista General Plan are proposed to realign Circulation
Element Roads and adjust the Land Use Element to reflect changes in village boundaries within the
Otay Ranch. The amendments are based on changes in Otay Ranch ownership and provide a more
efficient circulation system. Realigmnent to the arterial roads in the Circulation Element of the
General Plan provides the foundation for the amendments to the Otay Ranch Mobility Chapter. The
arterial roads form the village boundaries therefore amendments to the Land Use Element are
necessary to provide for the adjustments of the village boundaries and reorganization ofland uses in
the General Plan. Other amendments to the text and diagrams of the General Plan are proposed to
assure consistency (see Attachment 2).
General Plan Consistency Analysis:
Land Use Element -
The Land Use Diagram of the General Plan will be amended to adjust land uses within the areas
identified in the GDP as Villages 7 & 11, Freeway Commercial, Eastern Urban Center, and the
University. Modifications are also necessary to Figure l-3A Landform, Figure 1-4A Urban Core and
Community Activity Centers, Figure 1-6A Chula Vista Greenbelt/Open Space Network and Figure
1-7 A Gateways to reflect the revised street system. Proposed modifications to the Land Use Diagram
are substantially consistent with the Land Use Element policies.
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
Circulation Element -
The Circulation Plan (Figure 2-2A) of the Circulation E1ement will be modified to reflect
realigmnents and reclassifications. These reclassifications are also being changed in the text of the
Circulation Element. Figure 2-3A Bicycle Plan and Figure 2-4A Public Transit Plan are being
amended to adjust to the revised street system. Each of the goals, objectives and policies of the
Circulation Element are adhered to with the proposed amendments to the General Plan.
Parks and Recreation Element -
Proposed amendments to the General Plan include park site reservations consistent with policies
contained within the Parks and Recreation Element. Figure 7-2APark System Plan is being modified
to adjust to the revised street system.
Other General Plan Elements -
Proposed amendments to the General Plan are consistent with policies contained in the Public
Facilities Element, Housing Element, Growth Management Element, Child Care Element,
Conservation and Open Space Element, Safety Element and Noise Element. No changes are
proposed to any of these elements.
Eastern Territories Plan-
Proposed amendments include a reduction in the size of the Eastern Urban Center and an
reconfiguration of the University site; however, the resultant size and location of the EUC and
University site is consistent with the policies contained in the Eastern Territories Plan. Amendments
include modifications to Figure 14-1 Regional Transit Corridor, 14-2 Eastern Urban Center, Figure
14-3 Eastern Urban Center and Figure 14-4 Connected Community Parks. These amendments
respond to the reconfigured street system. The Open Space Corridor (Village Greenway) that passes
through Village 7, the EUC and Village 11, depicted in Figure 14-2, is being adjusted to assure
connectivity between Wolf Canyon and Salt Creek, consistent with current policies in the General
Plan.
The following Otay Ranch GDP amendments are consistent with the proposed General Plan
amendments.
B. Otay Ranch General Development Plan Amendments
1. Circulation Amendments
Hunte Parkway Realignment Connecting with Rock Mountain Road
The realigmnent of Hunte Parkway is proposed to eliminate an arterial road running through the
University site by realigning Hunte Parkway to meet Rock Mountain Road at the SR-125
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
interchange. The new aligmnent will form the southern boundary of Village II and northern
boundary of the proposed University. The current aligmnent provides for a 6-lane Prime arterial
adjacent to Village II which becomes a 4 lane Major adjacent to the University site. This alignment
forms the boundary between the urban development on the west side ofthe road and the Otay Ranch
Preserve to the east. Hunte Parkway is a single-loaded street along Village 11 and splits the
University site.
Analysis: According to the traffic studies prepared for the GDP amendments, the traffic volumes on
the realigned Hunte Parkway are similar to those projected for the adopted aligmnent and provide
similar levels of service as a 6-lane arterial. The realigmnent will provide for access on both sides of
the roadway with Village lIon the north side and the University on the south side, thereby
effectively making the proposed roadway realigmnent predominantly double-loaded and,
consequently, providing a more efficient use of the roadway. During the update ofthe Transportation
Development Impact Fee (TDIF), Public Works staff raised concerns about the efficiency of the
current alignment as a single-loaded road. The revised aligmnent provides for development on both
sides of this arterial and will spread the cost of construction through the TDIF Program. Planning
staff also expressed concerns about dividing the University site with an arterial road. The proposed
realigmnent will further consolidate the University site.
In addition, the GDP provides for Secondary Land Uses for the University site if the University is
not developed by the time the first three phases (Village One, Two, Four, Five, Six, and Seven) of
the Otay Valley Parcel are developed. The GDP allows Village Nine and 10 to develop under the
village concept if75% ofthe building permits in the first three phases have been issued. Under the
alternative village development, the Main Street connection from SR 125 through Villages Nine and
10 to Hunte Parkway would still be needed to provide access to these villages.
Recommendation: Because traffic volumes are similar and the realigmnent will allow for a cohesive
development area of Village 11 and the University site, staffbelieves the realignment will adequately
serve the proposed land uses providing acceptable levels of service and is, therefore, consistent with
the Otay Ranch GDP policies and recommends approval of the realigmnent.
EastLake Parkway Realignment and the Elimination of Patrick Drive
In the 1993 adopted GDP, EastLake Parkway is planned as the boundary between the Freeway
Commercial area and Village 11 ending at Birch Road. Patrick Drive, located further to the east off
Birch Road, runs north/south from Birch Road to form the boundary between Village 10 and the
EUC. EastLake Parkway is now proposed to be realigned and extend south along the property line
between the McMillin and BSO ownership. Deletion of Patrick Drive is proposed with the extension
of East Lake Parkway. The proposed EastLake Parkway extension will connect to the new alignment
of Hunte Parkway. The realignment forms the new boundary between Planning Area 12 (Freeway
Commercial and EUC) and Village 11. Traffic volumes along the new alignment of EastLake
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
Parkway as a 6-lane Major arterial are consistent with the original volumes projected for current
alignment of EastLake Parkway and Patrick Drive and will provide the same level of service.
Analysis: The origin and destination points for the new aligmnent of East Lake Parkway within the
Otay Valley Parcel are similar to the 1993 adopted plan. The realignment results in a refinement,
which respects ownership boundaries while retaining the integrity of the adopted GDP.
Recommendation: Since traffic volumes and connection points are similar to the adopted GDP, staff
believes the realignment is consistent with the adopted GDP and recommends approval of the
realigmnent and elimination of Patrick Drive.
Elimination of Birch Road east of EastLake Parkway
Birch Road, west ofSR-125, was originally planned to extend between the Freeway Commercial and
Eastern Urban Center to Hunte Parkway, forming the southern boundary for Village 11. Between the
Freeway Commercial and EUC, Birch Road was planned as a 6-lane Prime changing to a 4-lane
Major between Village II and the EUC. With the realignment of Hunte and EastLake Parkways
forming the new boundaries, Birch Road is now planned to terminate at EastLake Parkway as a 6-
lane Prime arterial and become a Primary Village Entry Street continuing into Village 11. Birch
Road remains classified as a 6-lane Prime from SR-125 to EastLake Parkway.
Analysis: The GDP amendment traffic studies indicate the overall circulation patterns and traffic
volumes are similar between the adopted plan and the proposed plan. The elimination ofthe eastern
segment of Birch Road through Village II is consistent with the GDP policies that prohibit arterials
from running through villages. Birch Road will provide direct access to the Village 11 core as a
village entry street.
Recommendation: Because of the realignment of Hunte Parkway and the revision to the Village 1 I
boundaries, the alignment of Birch Road through Village II needs to be deleted to be consistent with
the GDP policies that prohibit arterial roads rrom bisecting a village. Staff recommends deletion of
that portion of Birch Road which runs through Village 11 as a 4-lane Major arterial.
Birch Road Reclassification to 6-lane Major Arterial, La Media to SR-125
Birch Road from La Media to SR-125 was originally planned as a 4-lane Collector. While overall
traffic volumes within the Otay Valley Parcel have decreased according to the new GDP amendment
traffic studies, certain roadway segments are projected to increase. These increases place certain
segments close to their threshold capacity. Under the new models, volumes on Birch Road are
approaching capacity between La Media and SR-125. In addition, the Catholic Diocese plans to
build a private high school in Village Six with access from a driveway on Birch Road. The widening
of Birch Road will act as an entry lane into the private high school and the village entry street off
Birch Road.
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
Analysis: Because ofthe new traffic volumes, the location ofthe proposed high school driveway, the
village entry street into Village Six and the on and off ramps to SR-125, the Director of Public
Works and City Engineer, in their professional judgment, have determined that an upgrade in
roadway classification of Birch Road is necessary. Birch Road is now proposed as a 6-lane Major
arterial as part of this GDP amendment. The widening is considered a minor amendment to the
overall circulation of the Otay Valley Parcel and is consistent with the Goals and Objectives ofthe
GDP.
Recommendation: Staff recommends Birch Road between La Media and SR-125 be upgraded to a 6-
lane Major arterial.
2. Land Use Amendments
Village Nine
The proposed GDP amendments do not change the boundaries of Village Nine. The amendments
would eliminate Hunte Parkway through the University site so land uses are redistributed within the
village. However, under the Secondary Land Use as a village, the extension of Main Street in the
original Hunte Parkway aligmnent is still necessary to provide access to the village.
Analysis: Because the boundaries of Village Nine do not change with the proposed amendments to
delete Hunte Parkway and land uses are redistributed, the amendments are consistent with the GDP.
Recommendation: Staff recommends that the amendments to Village Nine that delete Hunte
Parkway be found consistent with the GDP policies.
Village 10
The proposed realigmnent of Hunte Parkway and the deletion of Birch Road and Patrick Drive
transfers land into Village 11 and reduces the area of Village 10 by 64 acres. The transfer
consolidates BSO ownership in Village 11. The primary land use for Village 10 is the University.
Under the Secondary Land Use, the Village was approved with 1,090 dwelling units. The reduction
in land area due to the realignment of Hunte Parkway transfers 251 units to Village II. Village 10 is
now proposed to have 839 units, 669 single-family and 170 multi-family units with a population of
4,208 on 269.2 acres.
Analysis: The transfer of 64 acres rrom Village 10 to Village II with the realigmnent of Hunte
Parkway still provides 269.2 acres for University uses within Village 10. Under the Secondary Land
Use, if the University does not develop, the reduced size of Village 10 is similar in size and density
to other smaller villages in the Otay Ranch. The original GDP planned a total of 1 ,090 dwelling units
in Village 10 with 75% single family and 25% multi-family. Trolley service was not planned for this
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
village, so core densities to support the trolley station were not needed. The proposed amendment
plans for 839 units, 80% single-family residential and 20% multi-family. The original GDP allocated
20 acres for community commercial uses. The proposed plan calls for 3 acres of commercial to meet
the GDP policies on meeting the day-to-day needs of the village residents. The village is still
proposed to have an elementary school, a neighborhood park and community purpose facility land to
comply with the "village concept" envisioned by the GDP. Since Village 10 was not planned to have
trolley service, the amendment will not affect transit connections. Bus service to Village 10 will
provide the transit connection to the trolley. The village would have all land uses of sufficient size to
be viable under the current GDP policies.
Recommendation: Staff believes the amendment to Village 10 that transfers 64 acres to Village 11
will still provide sufficient land area in Village 10 to be a viable village if the University does not
develop and, therefore, the amendment to Village 10 is consistent with the GDP and staff
recommends the approval of the amendment.
Village 11
The realigmnent of EastLake Parkway and Hunte Parkway arterial roads will result in a
reorganization of the boundaries of Village 11, Village 10, the Freeway Commercial and the EUC.
The reorganization reduces the area of the EUC and the University Site (including Village 10
Secondary Land Use) and expands the area of Village II and the Freeway Commercial site. The
transfer ofrcsidential units from the EUC and Village 10 Secondary Land Uses to Village 11 is
proposed. The total number of residential units for the entire Otay Valley Parcel will increase
slightly because the University is a non-residential land area and the transfer area will become
residential in Village II with the boundary change. Under the Secondary Land Use as Villages Nine
and 10, the total number of residential units for the EUC, Villages Nine, 10 and 11 will remain the
same. Village 11 will increase by 644 units and 34.0 acres rrom 1,746 in 455 acres to 2,390 units in
489.0 acres.
Analysis: While the GDP amendment proposes to reorganize the land uses within Village II, the
village concept will still bc implemented. BSO has proposed the village core be located off Birch
Road and has organized the core on the Town Square concept. Except for the changes in number of
units, no other changes are proposed in the GDP policies for Village II. The total number of units in
the Otay Valley Parcel increases slightly (2%) under the University Site as the primary land use but
remains the same under the Secondary Land Use. The amendment to the GDP land use map can be
considered consistent with the overall intent of the GOP because the maximum number of units
authorized in the GDP is not exceeded. The amendment still proposes a mixed-use site, an
elementary school, a Community Purpose Facility site with a town square park and a neighborhood
park in the village core.
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
Recommendation: Staff believes the amendment to Village II that transfers land from Village 10
and the EUC due to the realigmnent ofroads is consistent with the GDP policies since the village
concept and other village policies are still viable. Staff recommends the approval ofthe amendment.
Planning Area 12 - Freeway Commercial
The realignment of EastLake Parkway increases the size of the Freeway Commercial area of
Planning Area 12 by 28 acres. The expansion area is currently designated on the adopted GDP as
Medium-High residential in Village 11. Ranch-wide, the increase in Freeway Commercial land area
is considered a minor adjustment in the planning area. The Freeway Commercial will increase rrom
106 acres to 134.5 acres.
Analysis: The increase in Freeway Commercial acreage of 28 acres is due to the realignment of
EastLake Parkway. As indicated earlier in the Circulation amendments, EastLake Parkway is
proposed to follow the property line between McMillin Companies/Otay Ranch Company and BSO.
Under the current GDP, this property line diagonally bisects the Medium High residential
designation with 12.0 dwelling units per acre. When the amendment was originally proposed,
McMillin discussed maintaining the multi- family residential on the west side of East Lake Parkway.
However, the GDP policies require multi-family units to be located in a village core and not in a
stand-alone project. The McMillin application proposes the entire area on the west side of East Lake
Parkway as Freeway Commercial. Staff believes changing the land use designation to Freeway
Commercial is consistent with the GDP policies. While the gross area of the Freeway Commercial
site is 136 acres, the net area is 110 acres of which the Otay Ranch Company owns 27 acres and
McMillin 83 acres.
Recommendation: In order to provide a uniform commercial land use on the west side of East Lake
Parkway, staff recommends that the 28 acres currently designated Medium High density be changed
to Freeway Commercial.
Planning Area 12 - Eastern Urban Center
The realigmnent of EastLake Parkway decreases the size of the Eastern Urban Center area of
Planning Area 12. The proposed amendment transfers approximately 35 acres rrom the EUC to
Village II along with 168 dwelling units. The reduction is relatively minor and primary land use
components remain similar to those in the adopted GDP. Commercial land uses have been reduced
proportionally.
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GPA 01-06 and PCM 99-14
Eastern Urban Center Land Uses
Residential
Units
Acres
Commercial
Regional Mall
Visitor Commercial
Cultural
Office-Low Rise
Office-MedlHigh
Park
CPF
Elementary School
Open Space
Arterial
Total
Current Plan
2,500 dus.
70.0 ac.
155.0 ac
25.0 ac
20.0 ac
5.0 ac
80.0 ac
25.0 ac
45.0 ac
8.9 ac
10.0 ac
13.3 ac
16.1 ac
318.5 ac
Proposed Plan
2,332 dus.
65.5 ac
118.7 ac
19.1 ac
15.3 ac
3.8 ac
61.3 ac
19.1 ac
45.0 ac
8.3 ac
10.0 ac
16.1 ac
19.5 ac
283.1 ac
Item: 3B
Meeting Date: 9/26/01
Change
-168
-4.6
-36.3
-.6
2.8
3.4
-35.4
Analysis: It is believed that the reduction in commercial acreage will still provide sufficient area for
a viable urban center. The reductions are minor and sufficient land area is provided for each
commercial use identified in the EUe. Regional malls in an urban setting similar to the EUC
normally use less land than two-story suburban malls with parking lots. Horton Plaza is on 12 acres,
so 19.1 acres for the EUC regional mall in this GDP amendment would still provide sufficient area
for this commercial use. The same is true for the other commercial land uses. The change in
residential units is also a minor reduction. The 168 units transferred to Village 11 represent only 6%
of the 2,500 units originally planned for the EUC. The remaining 2,332 units will still provide the
24-hour enviromnent envisioned by the EUC. The 2,332 units will still require all of the supporting
land uses such as school, parks and CPF.
Recommendation: The realignment of East Lake Parkway transfers approximately 35 acres rrom the
EUC to Village 11. The proportional reduction in commercial acreage will still provide sufficient
land for a viable urban center with enough multi-family units to support the vision of the GDP for
the EUC; therefore, staff recommends the amendment to the EUC land area and uses.
Village Greenway
In the adopted GDP, the Village Greenway runs from Wolf Canyon to Salt Creek traversing through
Village Seven, the EUC and Village 11. The new aligmnent is proposed to run rrom the under-
crossing ofSR-125 to the southeast comer of the EUC then across EastLake Parkway to the southern
edge of Village 11 along Hunte Parkway. The GDP indicates that the la-foot trail in the 200-foot
wide corridor will create a strong east/west open space system and reflect differing characteristics of
the adjacent land uses as it moves through the Otay Ranch. In Wolf Canyon and Salt Creek it will
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GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
relate to the native habitat while in Village Seven it will take several forms including a greenbelt,
parks, trails, and the pedestrian portion of the promenade streets. In the EUe, it will provide a
network of pedestrian spaces, plazas, malls and squares to create a pedestrian oriented enviromnent.
In Village 11, the Greenway was to be similar to Village Seven in that it would take several forms
such as greenbelts, parks, trails and the pedestrian section of promenade streets. The Greenway runs
on the north side of Birch Road in an drainage area that is adjacent to the 200-foot power and utility
easements. The Greenway follows the drainage area as it drains into Salt Creek. The trail would be
graded into a hillside on the side of the drainage arroyo.
However, due to the arterial street changes, realigmnent of the Greenway route is proposed in the
EUC and Village 11. With the proposed realignment of Hunte Parkway the drainage in Village 11 is
filled in as Hunte Parkway crosses over it. The proposed corridor along Hunte Parkway is within the
village perimeter 75-foot average buffer adjacent to the middle school site. The Greenway crosses
Hunte Parkway at the connection with the paseo coming south from the Village 11 core and
continues on to Salt Creek along the east side of Hunte Parkway as part ofthe Chula Vista Greenbelt.
McMillin and the Otay Ranch Company have requested a reduction in the width of the Greenway
through the EUC and Village Seven be considered as part of this amendment. The request by
McMillin was part of a large package of amendments that are being considered in a phased manner.
The Greenway through the Eue is seen by City staff as a key component ofthe EUC character and
is being reviewed in the study of the EUC being conducted by the General Plan Update Team. The
General Plan Update Team report was not completed in time to be included in this amendment. The
McMillin and Otay Ranch Company requests will be considered and further analyzed as part of
future amendments.
Analysis: The realigmnent ofthe Greenway through the EUC and Village II along Hunte Parkway is
a result of the Hunte Parkway realigmnent and the elimination of Birch Road through Village 11.
The reduction in width from 200 feet to 75 feet is a result of realignment of Hunte Parkway. Staff
believes that providing the la-foot trail connection in the 75-foot buffer along Hunte Parkway
adjacent to the playfields of the middle school site satisfies the intent of the GDP for the Greenway
connection in this village. The 75-foot width is similar to the 60-foot wide paseos in Village One.
The 75-foot Greenway in Village II will transition to the 10-foot the regional trail in theChula Vista
Greenbelt adjacent to Salt Creek. The Greenway amendment for Village I I can be considered at this
time because there is a specific proposal for the Village 11 SPA under consideration while the
Village Seven and Eue are still in the conceptual GDP stage.
Recommendation: Under the proposal, the Greenway still connects Wolf Canyon with Salt Creek
through Village Seven, the EUC and Village 11, and is consistent with the intent of the GDP for
regional trail connections. Staff recommends the amendment to the Greenway.
H:\PLANNING\Otay_Ranch\2001 GDPA\2001 GDPA PC STFRPT.doc
Page No. II
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
3. Other Amendments
Secondary Schools
The Otay Ranch GDP currently designates for high schools in Villages Two and 11 and middle
schools in Villages Seven and 10. The proposal will relocate the Village 11 high school to Village
Seven and the middle school in Village lata Village 11. These amendments are based on the
Sweetwater Union High School District projected needs for a new middle and high school in the
Otay Ranch in the near future. While EastLake High School currently serves the Otay Ranch, the
high school site in Village Two will satisfies the immediate requirement for the high school. The
proposed amendment that relocates the middle school planned in Village lata Village II fulfills the
near-term middle school requirement. The amendment is a result of on-going discussions with the
Sweetwater Union High School District on the phasing of school facilities for the Otay Valley
Parcel. The District anticipates that students from Village 11 will be within the Eastlake High School
boundaries for the foreseeable future, but the growth rate in the District is so fluid that future
adjustments are possible to meet student demand.
To meet the long-term needs ofthe District, another centrally located high school is necessary. The
District has agreed to relocate the Village II high school site to Village Seven or alternatively
Village Eight. The Village 11 high school site designation is currently located on the east side ofthe
village and has a limited service radius due to the Salt Creek Canyon open space corridor. The
proposed GDP amendment relocates the high school site to Village 7 due to its central location with
the Otay Valley Parcel. An alternative location in Village 8 was analyzed in the EIR.
Analysis: The amendment is necessary to meet the Districts' needs and projected school generation
for secondary education facilities. The Village 11 middle school is needed next in the District's
facility phasing and the Village Seven high school is more centrally located than the Village 11 site.
City staff will continue to meet with District staff to ensure that secondary school facilities are
provided when the District needs them.
Recommendation: Staff recommends approval of the amendment to relocate the high school to
Village Seven and middle school to Village 11.
Village Phasing Plan
New Millennium has applied to amend the Otay Ranch Village Phasing Plan to include Village 11 in
the Second Western Phase. The McMillin Companies also requested that the Freeway Commercial
area of Planning Area 12 be included in the Second Western Phase. (Note: Phasing in the Otay
Ranch was divided between the Western Phase containing the Otay Valley Parcel (City) and the
Eastern Phase containing the Proctor Valley Parcel and the San Ysidro Mountain Parcel (County).
The Phasing Plan allows these two phases to be implemented independently from each other.)
H:\PLANNING\OtaLRanch\200J GDPA\200J GDPA PC STFRPT.doc
Page No. 12
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
The First Western Phase currently contains Villages One and Five and the Second Phase contains
Villages Two and Six. (See the attached Village Phasing Plan amendment text and map.) Village 11
is currently in the Third Western Phase along with Villages Four, Seven and the commercial portion
of the EUe. The Phasing Plan is not entirely clear whether the Freeway Commercial area is
considered as part of the EUC phasing. This amendment will clarify that the Freeway Commercial
portion of Planning Area 12 is part of the Second Western Phase.
The Third Western Phase is now proposed to contain Villages Four and Seven, and the commercial,
public facilities and office components ofthe EUe. The Fourth Western Phase will contain Villages
Eight, Nine and 10 (University) and the residential component of the EUC. The Phasing Plan
anticipated that there would not be market demand for the EUC high-density residential component
until late in the build-out of the project.
The Village Phasing Plan is based on the timely provision of public infrastructure, the efficient
provision of pub lie services, and the market absorption of residential units and commercial demand.
The Phasing Plan indicates that Village II and Freeway Commercial areas were placed in the Third
Phase based on the extension of public services rrom the west ftom the Second Phase. When the
Phasing Plan was adopted in 1993, no other public facilities were adjacent to this area of the Otay
Ranch. The EastLake Greens community had not developed and Olympic Parkway had not been
designed. All public facilities for Phase Three were planned to be extended rrom Villages One, Two,
Five and Six along Olympic Parkway.
Analysis:
The Village Phasing Plan guides development ofthe entire Otay Ranch project. The applicable Goal,
Objective and Policies of the Village Phasing Plan are to:
"Goal: Develop Otay Ranch villages to balance regional and local public need, respond to
market forces, and assure the efficient and timely provision of public services and facilities
concurrent with need."
"Objective: Coordinate the timing ofthe development ofOtay Ranch villages to provide for
the timely provision of public facilities, assure the efficient use of public fiscal resources and
promote the viability of the existing and planned villages."
I) "Policy: Phase development to provide public facilities concurrent with need and in
compliance with facility thresholds."
2) "Policy: Transportation facilities shall be a major determinant of over all public facilities
and development phasing."
H:\PLANNING\OtaLRanch\2001 GDPA\2001 GDPA PC STFRPTdoc
Page No. 13
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
3) "Policy: Phase the Otay Ranch villages to promote community identity and character,
preserve and enhance the fiscal viability of existing and planned villages, and minimize the
disruption of the Jives of existing residents."
4) "Policy: Phase Otay Ranch villages to ensure sufficient revenues are generated to
efficiently finance the operation and maintenance of needed public facilities, consistent with
the Service/Revenue Plan."
Public Facilities
The Phasing Plan Policy I calls for public facilities to be provided concurrent with need. Public
facilities will be extended to this area rrom adjacent urban development in EastLake III. Policy 2
calls for transportation facilities to be a major factor in determining facility and development
phasing. The extension of Olympic Parkway to Village II is the key transportation factor in allowing
Village II in the Second Western Phase. It is logical, under the GDP phasing policies, to include
Village 11 and the Freeway Commercial area in the Second Phase. Public services will be efficiently
provided to the village since these services are either adjacent to the Village or can be provided
within the service thresholds of the City and other public agencies. Major arterials have been
improved (Hunte Parkway) or will be improved (Olympic Parkway) prior to the development of
Village II. Water, drainage and sewer lines are planned and sized to serve the village and are or will
be adjacent to Village II prior to development. An elementary school and neighborhood park will be
provided within Village II. Olympic Parkway and Hunte Parkway provide police and fire access to
the village and the High School District access to their school site.
Including Village II and the Freeway Commercial area in the Second Western Phase represents a
logical extension of urban services in a planned phased manner that was not anticipated when the
GDP was adopted in 1993. The Phasing Plan did recognize that conditions would change and that
amendments to the Phasing Plan would occur over time. With public facilities now available in
Hunte Parkway, and Olympic Parkway now scheduled for completion next year, public facilities
have been extended to the area. The amendment to the Village Phasing Plan moving Village II and
the Freeway Commercial area into the Second Western Phase is consistent with the GDP Phasing
policies.
Village Viability
Phasing Plan Policy 3 requires that the phasing of the Otay Ranch villages promote community
identity and preserve and enhance the viability of existing villages. Moving Village 11 into the
Second Western Phase will not affect the viability of existing villages. Villages One and Five are
under construction. Approximately 79% of the building permits for Village One have been issued.
The remaining permits are for the multi-family projects that have received Design Review
Committee approvals and will be under construction soon. These permits include the mixed-use
project in the Village One core. In Village Five, McMillin Companies will complete their portion of
H:\PLANNING\Otay_Ranch\100J GDPA\2001 GDPA PC STFRPT.doc
Page No. 14
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
the Village Five with the mixed-use project recently approved in the SPA One amendment. Final
Maps have been approved for the next to last Otay Ranch Company phase of Village Five. Village
11 is not anticipated to have units open until 2003 by which time both Villages One and Five should
be completed, thereby not affecting their village viability. The near completion of Villages One and
Five indicates a strong market absorption ofresidential units meeting the policies of the Phasing
Plan.
Moving Village 11 into the Second Western Phase will put it in competition with the other Second
Phase villages: Villages Two and Six. The McMillin Companies has taken the lead in preparing the
SPA Plan for Village Six, which should come to public hearings this winter. The Otay Ranch
Company has resubmitted their Village Two SPA Plan this month. Village Six is approximately six
months behind Village 11 and Village Two approximately 18 months. There are no GDP phasing
policies that give preference to one village over another in the same phase. Development of Village
11 in the same phase is not anticipated to affect the viability of either Village 6 or Village 2 due to
location and distance between villages on either side ofSR-125.
Fiscal Impact
To ensure sufficient revenues were generated by the Otay Ranch project to finance the operation and
maintenance of public facilities, a Service/Revenue Plan was prepared as part of the GDP process.
The Service/Revenue Plan was based on the Fiscal Impact of New Development (FIND) model that
evaluated City and County of San Diego revenues and expenditures. The Phasing Plan Policy 4
requires that the phasing of new development be analyzed to ensure consistency with the Service/
Revenue Plan.
The City has retained MuniFinancial to update the FIND model to analyze this proposed Phasing
Plan amendment. MuniFinancial found that the Phasing Plan amendment moving Village I land the
Freeway Commercial from the Third Western Phase to the Second Phase would not affect the City's
ability to operate and maintain public facilities. The Phasing Plan amendment is consistent with the
Service/Revenue Plan because the number of units and the time of their construction still fall within
the assumptions made in the FIND Model.
Recommendation: Since the Phasing Plan amendment to move Village II into the Second Western
Phase is consistent with the Village Phasing Plan policies for the provision of public facilities, fiscal
consistency with the Service/Revenue Plan and village viability, staff recommends approval ofthe
amendment.
CONCLUSION:
The proposed General Plan and Otay Ranch General Development Plan amendments to the
circulation plan will allow future development to follow property ownership boundaries more clearly
H:\PLANNING\OtaLRanch\2001 GDPA\2001 GDPA PC STFRPT.doc
Page No. 15
GPA 01-06 and PCM 99-14
Item: 3B
Meeting Date: 9/26/01
and provide a more efficient circulation system. The changes in land use and village boundaries are a
result ofthe changes in circulation. Overall, the total maximum number of dwelling units in the Otay
Valley Parcel remains the same. Relocating the middle school and high school will better met the
needs of the Sweetwater Union High School District. Moving Village 11 to the Second Western
Phase is consistent with the Village Phasing Plan policies based on the logical extension of public
facilities, will not generate a fiscal deficit and will not affect the viability of existing villages. Since
the proposed amendments are consistent with the Otay Ranch GDP policies, staff recommends
approval of the amendments.
Attachments
I. Locator Map
2. Proposed City of Chula Vista General Plan Amendments
3. Proposed Otay Ranch General Development Plan Amendments.
4. Otay Ranch GDP Amendment Planning Commission Resolution (GPA 01-06 and PCM 99-14)
5. Otay Ranch GDP Amendment Draft City Council Resolution No.
6. Disclosure Statement
H:\PLANNING\Otay~Ranch\2001 GDPA\2001 GDPA PC STFRPTdoc
Page No. 16
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( HULA VISTA PLANNING AND BUILDING DEPARTMEN
LOCATOR PROJECT McMillin Companies and PROJECT DESCRIPTION:
~ APPLICANT: Brookfield Shea Otay (BSO) AMENDMENTS
PROJECT So, of Olympic Pkwy, E of future
ADDRESS' SR 125 W. of Salt Creek and Request: General Plan Amendment, Otay Ranch
. N. of Otay River Valley General Development Plan (GDP) Amendment
SCALE: FILE NUMBER: and Village Eleven Sectional Planning Area Plan.
NORTH No Scale
h:lhomelplanninglcarlosllocatorslrichwi01.cdr 09.11.01
General Plan
Element I Page
Number
Throughout All
Elements and Area
Plans of General
Plan
land Use Element;
Page 1-38
land Use Element;
Page 1-71
and Use Element;
Page 1-71
Circulation Element;
Page 2-20
ATTACHMENT 2
Otay Ranch General Plan Amendment
Text Modifications (GPA-01-06)
Text Modifications
Wherever "Orange Avenue" east of Interstate 805 is identified in text, change to
"Olympic Parkway." Also, wherever "Otay Valley Road" is identified east of
Interstate 805, this will be changed to "Main Street."
Eastern Urban Center
"The Eastern Urban Center is a new concentration of urban facilities and services.
It is located east of State Route 125 and south of Birch Road eagt of Route 125, at
the gouthern terminug of Eastlako Parkway."
Eastlake Parkway
"Eastlake Parkway (9) connects with the Eastlake Community Center and
Business Center on the north to the Universitv Site Eagtern Urban Center on the
south."
Rock Mountain Road Otay Valley Road/Hunte Parkway
"Hunte Parkway (10) is the most easterly north-south connector in the general plan
area and connects each of the principal east-west roadways; East H Street, Otav
lakes Road TeleQraph Canyon and 91ympic Parkway Orange Avenue. It also
connects to State Route 125> south of the Eastern Urban Center. OranQe Avenue.
at the same intersection as Rock Mountain Road O!3y Valley Road. The Rock
Mountain Road/Hunte Parkway scenic route should be generally characterized by
lower density residential development, and open space and public f-3cilities. The
segment between Proctor Valley Road East H Street and Olympic Parkway Orange
Avenue is residentially oriented, with the portion between Proctor Valley Road ~
H Street and Otay lakes Telegraph Canyon Road paralleling one side of the Chula
Vista Greenbelt. South of Olympic Parkway Orange .'\venuo the alignment turns
westward and should include views of Salt Creek. ID-the University Site, and the
Wolf CanY.Q.1J the Otay River valley open space areas."
The following represents only those bullets that are proposed for modification:
"The general plan includes the following routes classified as six-lane prime arterials
o East H Street from Interstate 805 to Otay lakes Road in Eastern Territories,
::md from "'astLake Drive eagt to Hunte Parkway.
· East H Street/Proctor Valley Road from Eastlake Drive east to Hunte Parkway
in Eastern Territories.
o Otay Lakes Road/La Media Road (extended) from Bonita Road south to
southern boundary of the general plan in the Eastern Territories.
o Otay Valley Read (extended) from Birch Parkway north te Orange Avenue in
General Plan Amendment
Text Modifications
General Plan
Element I Page
Number
Circulation Element;
Page 2-22
Circulation Element;
Pages 2-23 & 2-24
Eastern Territories
Area Plan; Page 14-
6
Eastern Territories
Area Plan; Page 14-
10
Eastern Territories
Area Plan; Page 14-
14
July 3, 2001
Text Modifications
E3e:tern Territoriee:.
o Birch Road PJrkway from State Route 125 to EastLake Parkway in Eastern
Territories.
o EastLake Parkway from Transmission Line Easement P310m3r Stroet to
Olympic Parkway Orange Avenue in Eastern Territories.
o Hunte Parkway from State Route 125 to Olympic Parkway.
o Alta Road from Hunte Parkway to southern boundary of qeneral plan in Eastern
Territories. "
The following represents only those bullets that are proposed for modification:
"The general plan includes the following routes classified as six-lane major streets:
o EastLake Parkway from Olympic Parkway A'/enuo to Hunte BiFGA Parkway in
Eastern Territories.
o Rock Mount3in Road from Route 125 e:outh to Hunte P3rkway.
o Birch Road from La Media Road to State Route 125 in Eastern Territories."
The fOllowing represents only those bullets that are proposed for modification:
"The general plan includes the following routes classified as four-lane major streets:
o EastLake Parkway from State Route 125 to Transmission Line Easement
P310mJr Street in Eastern Territories.
o East Palomar Street from Interstate 805 to Paseo Ranchero in Eastern
Territories.
o Main Street Ot3Y V311ey R03a from Rock Mountain Road to Route 125 to Birch
Parkway in Eastern Territories.
o Birch Parbl3Y from Ot3Y Lakee: R03d/L3 Medi3 Road to Route 125 3nd from
E3e:tLake P3rk'.v3Y to Ot3Y Valley R03a in Eae:tern Torritoriee:"
GOAL 3. EASTERN URBAN CENTER
"Consistent with the objective of creating a balanced community in Eastern
Territories, the General Plan designates an area immediately east of the proposed
State Route 125, south of Olympic Parkway Or3nQe Avenue and qenerally north of
Hunte Parkway Otay V311ey R03d, which will have urban land uses."
5.3 EASTERN URBAN CENTER
"The Eastern Urban Center consists of approximately 283 4J9 acres located in the
center of the Eastern Territories."
5.4 FREEWAY COMMERCIAL AREA
"An area north of the Eastern Urban Center, east of Route 125, west of EastLake
Parkway, and north 3nd south of Olympic Parkway Or3nQe Avenue, is designated
for commercial uses.
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ATTACHMENT 3
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Overall Project Summary***
SF MF Total Park CPF C'ml. Approx.
Village Units Units Units Res.Ac. Ac' Ac.+ Sch Ac. Ac. Open Sp. Art.Ac. Other Total Ac. Pop.
JVP c.ty W7Vif3
as Ind. & V9/1 0
sUniv. 9,133 9,262 18,395 2,852.0 159.3 66.6 250.0 299.9 4,153.8 541.8 1,190.1 9,513.5 52,844
OVP City w!Vil 3
as Ind. & V9/1 0 a.
) Res. 10,537 10,442 20,979 3,249 205 77 270 312 4,268 576 493 9,449 60,346
oyp County wI
University 9.746 9.390 19,136 3,001.0 164.0 69.8 250.0 305.2 4,293.8 557.9 1,190.1 9,831.8 55,132
Proctor Valley
Parcel 2,631 1,558 4,189 1.886.2 12.5 18.8 10.0 2.9 5,654.2 61.3 249.1 7,895.0 12,392
San Ysidro
Mountains Parcel 779 0 779 1,499.8 3.4 2.3 10.0 3.3 4,036.2 0.0 0.0 5,555.0 2,493
Total City 12,543 10,820 23,363 6,238.0 175.2 87.7 270.0 306.1 13,844.2 603.1 1,439.2 22,963.5 67,729
Total County 13,156 10,948 24,104 6,387.0 179.9 90.9 270.0 311.4 13,984.2 619.2 1,439.2 23,281.8 70,017
*Park land included in residential acreage. Actual distributio of acreage will be dctcnnined with the Park Master Plan.
**See Village 3 discussion for condition precedent to utilizing residential uses within the City of Chula Vista.
***Subsequent references to the "Overall Project Summary Table" include the summary tables by parcels (pages 73, 78, and 81).
+Actual distribution of community purpose facility (CPF) acreage wil be detennincd at the SPA level, consistent with Part II, Chapter 5.
OVP Maximum
) Residential 11,150 10,570 21,720 3,398.2 209.7 80.3 270.0 316.9 4,407.6 592.1 1,190.1 10,464.9 62,634
Maximum
Residential4 14,560 12,128 26,688 6,784.2 225.6 101.4 290.0 323.1 14,098.0 653.4 1,439.2 23,914.9 77,518
City Maximum
Residential5 13,947 12,000 25,947 6,635.2 220.9 98.2 290.0 317.8 13,958.0 637.3 741.7 22,899.1 75,230
Exhibit 18 Overall Project Summary Table
4This number represents the maximum number of units for the entire Otay Ranch, including the residential development of Villages 3, 9
and 10.
5This number represents the maximum number of units for the City's scenario of Village 3 as industrial and Villages 9 and 10 as
residential.
4
(
7
8
9
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II
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17
18
H:\HOME\PLANN1NG\OTAYRANCH\OR GDP AMENDMENT\GDP AMENDED TABLES\OR GDP Exhibits Land Use Table (Sheet1) 09119/2001
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I Otay Valley Parcel
SF MF Total Pa....k C'ml. Open Total Approx.
Village Units Units Units Res.Ac. Ac. CPF Ac. 5ch Ac. Ac. Sp. Art. Ac. Other Ac. Pop.
Village I 2,136 1,218 3,354 547.5 27.7 6.0 20.0 8.1 247.8 46.5 0.0 903.6 9,941
Village 2 1,133 586 1,719 486.8 35.0 8.1 60.0 18.7 158.3 32.7 0.0 799.6 5,12
Village 3 613 128 741 149.0 4.7 3.2 0.0 5.3 140.0 16.1 0.0 318.3 2,28
ViI3 Ind. 0 0 0 0.( 0.0 0.0 0.0 0.0 140.0 16.1 187.5 343.6
Village 4 532 0 532 290.7 3.4 2.4 10.0 3.0 262.7 35.0 0.( 607.2 1,70
~illage 5 1,263 1,615 2,878 370.3 10.0 11.3 10.0 6.0 70.4 15.4 0.0 493.4 8,16
Village 6 990 1,242 2,232 275.3 10.0 8.8 10.0 4.6 39.7 16.5 0.0 364.9 6,33
Village 7 1,053 448 1,501 241.5 9.3 6.3 85.0 7.2 45.3 17.1 0.0 411.7 4,51
Village 8 1,021 436 1,457 267.7 8.9 6.0 10.0 13.4 22.6 14.2 0.( 342.8 4,37
Vii 9 Univ. 0 0 0 0.0 0.0 0.0 0.0 OJ 0.0 0.0 363.9 363.9 (
Village 9 735 1.010 1.745 251.1 10.0 6.9 10.0 8.7 58.1 19.1 0.0 363.9 4,921
ViI 10 Univ. 0 0 0 O.c 0.0 0.0 0.0 OJ 0.0 0.0 333.6 333.6 (
Village 10 669 170 839 146.1 35.7 3.6 10.0 3.0 55.7 15.1 0.0 269.2 2,57'
Village II 1,005 1,385 2,390 306.7 10.0 9.4 35.0 10.0 53.4 66.5 0.0 491.0 6,741
PIng. Area 12 0 2,332 2,332 65.5 45.0 8.3 10.0 228.9 29.2 30.7 0.0 417.6 5,94
Ping. Area 18A 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 215.8 215.8 (
Ping. Area 18B 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 69.7 69.7 (
Other: 0 0.0 (
Open Space 0 0 0 0.0 0.0 0.0 0.0 0.0 3,084.4 0.0 0.0 3,084.4 (
SRI25 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 182.0 0.0 182.0 (
Public 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19.6 19.6
Arterial 0 0 0 0.0 0.0 0.0 0.0 OJ 0.0 69.1 0.0 69.1
.otalCITy
wIV3 as Ind. &
V9110 as Univ. 9,133 9,262 18,395 2,852.0 159.3 66.6 250.0 299.9 4,153.8 541.8 1,190.1 9,513.5 52,84
otal City
w/V3 as Ind. &
V9/10 as Res. 10,537 10,442 I. 20,979 3.249.2 205.0 77.1 270.0 311.6 4,267.6 576.0 492.6 9,449.1 60,34
otal County 9,746 9,39C 19,13( 3,UUI. 104.' "". LOU.' jU,. 4,293.' 557.9 1,190. 9,~3U 55.13:
...
'oo'''ont'o' '" 11,150 10,570 21,720 3,398.2 209.7 XO.3 270.0 316.9 4,407.6 592.1 1,190.1 10,464.9 62,63
Exhibit 19 Otay Valley Parcel Land Use Table
26
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[I] This nllmher represents the maximum numher ofllnits for the entire Olav R:mch including- residential develonment ofVilla~es 3 9 and 10
h:\home\planning\otayranch\or gdp amendment\gdp amended tables\OR GDP Exhibits Land Use Table (Sheet2)
I Proctor Valley Parcel
'i1Jage SF Units MF Total Res. Ac. Park Ac CPF Ac. Sch Ac. C'm!. Open Art. Ac. Other Total Approx.
Units Units Ac. Sp. Ac. Pop.
Village 13 658 1,408 2,066 375.50 0.00 9.60 0.00 0.00 137.00 12.20 249.10 783.40 5,69
Village 14 1.563 150 1,713 773.80 10.00 7.50 10.00 2.90 0.80 23.70 0.00 828.70 5,38'
Ping. Area 16 390 0 390 716.90 2.50 1.70 0.00 0.00 370.00 25.40 0.00 1116.50 1.24
Ping. Area 19 20 0 20 20.00 0.00 0.00 0.00 0.00 O.OC 0.00 0.00 20.0C 6'
Other: (
Open Space 0 0 0 0.00 0.00 0.00 0.00 0.00 5146.40 0.00 0.00 5146.40 (
Total 2,631 1,558 4.]89 1886.20 12.50 18.8( 10.Of 2.90 5654.20 61.30 249.10 7895.00 12,39
Exhibit 21 Proctor Valley Parcel Land Use Table
San Ysidro Mountains Parcel
Village SF Units MF Total Res. Ac. Park Ac CPF Ac. Sch Ac. C'm!. Open Art.Ac. Other Total Approx.
Units Units Ac. Su. Ac. Pop.
illage 15 483 0 483 683.10 3.40 2.30 10.OC 3.30 97.8C 0.00 0.00 799.90 1,54
Village 17 296 0 296 816.70 0.00 0.00 0.00 0.00 794.50 0.00 0.00 1611.20 94
Other: 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Open Space 0 0 0 0.00 0.00 0.00 0.00 0.00 3143.90 0.00 0.00 3143.90 (
otal 779 ( 779 1499.80 3.40 2.3C 10.OC 3.30 4036.20 0.00 0.00 5555.00 2,49.
Exhibit 23 San Ysidro Mountains Parcel Land Use Table
h:\home\pfanning\otayranch\or gdp amendment\gdp amended tables\OR GDP Exhibits Land Use Table (Sheet3)
Otay Ranch GDP/SRP }:! Part II
7. Village Seven
a. Village Seven Setting
Village Seven is comprised of approximately 412 acres located east
of Wolf Canyon and north of Rock Mountain Road.
Open Space and Habitat: The Village Seven site has historically
been used for agricultura1 purposes and does not contain significant
environmental resources. The upper reaches of W01f Canyon extend
into the village, although this area has no sensitive resources.
Land Use: Village Seven is located in the interior ofthe Otay
Valley Parcel, surrounded by land historically used for agricultural
activities. The village is surrounded by Villages Six, Eight, Four,
and the Eastern Urban Center (EUC) to the east, across SR-125.
Village Seven is located immediately to the west of the planned SR-
125. A 100 acre Vortac facility (an aviation navigational facility) is
located within the village site.
Visual: Village Seven contains views into the upper reaches of
Wolf Canyon, and more distant views to the mountains to the east
and northeast. The Vortak facility provides potentially negative near
views within the village.
Relationship to Other Otay Ranch Villages: Village Seven has a
direct access to the Eastern Urban Center (EUC), and a close
relationship with Villages Two and Four, the lower density villages
on the edges of Wolf Canyon to the west. Village Seven is located
between thcse lower intcnsity villages and the urban uses planned for
the Eastern Urban Center. Thus, Village Seven will provide a
transition from the lower densities, open space, and recreational
opportunities near Wolf Canyon to the more intense neighborhoods
in the EUe.
b. Village Sevell Description
Village Seven is an Urban Village. Urban Villages are adjacent to
existing urban development and are planned for transit oriented
development with higher densities and mixed uses in the village
cores. Village Seven includes:
o A maximum of ~ 1,053 single family residential units
o A maximum of 448 multi-family residential units
o Build-out popu1ation of approximately 5,280
o A middle school
o A high school
Adopted October 28,1993 Page 156
Amended June 4,1996
Otay Ranch GDP/SRP J:J Part II
o A trail connection through the village connecting Wolf Canyon
to the west to the Eastern Urban Center to the east
o A village core area containing:
Commercial uses in a mixed use setting
. Public and community purpose facilities
A transit stop
. An elementary school
. Multi-family residential
A Town Square/Village GreenlMain Street
. Affordable Housing
. Neighborhood Park
Village Seven
USE SF MF Total Res. Dens. Park CPF Sch C'ml. Open Art. Total Approx.
Units Units Units Ac. Ac' Ac. Ac. Ac. Sp. Ac. Ac. Pop.
lMV ~ 0 -1,29J ~ 5.0 -.~ 25J) 285.6 ~
:LQ;5} 1,053 210.6 75.0 3,370
MU 0 0 0 0.0 ~ H 7.2 ~ 0
9.3 6.3 22.8
MH-~ --0 448 448 30.9 14.5 10.0 40.9 1,142
OTHER 0 0 0 0.0 43.6 17.1 60.7 0
45.3
TOTAL 4,= 448 4,+4-t 291.5 ~ 7.3 ;>5J) 7.2 43.6 17.1 411.7 5.2W
1,053 1501 241.5 9.3 6.3 85.0 45.3 4,512
*Part of park acreage requirements have been allocated to community parks. Actual park size to be determined by
Parks Master Plan at the SPA level.
Exhibit 50 Village Seven land Use Table
c. Village Seven Policies
Village Character Policies:
o The village character shall be guided by the following qualities:
The greenbelt corridor connecting the village with Wolf
Canyon, the Eastern Urban Center and Salt Creek shall be a
unifying fcaturc of the village.
Compatibility with the Eastern Urban Center.
Views into Wolf Canyon and distant views to the mountains
to the cast and northeast.
. Complementary relationship with Village Four.
.
Adopted October 28,1993 Page 157
Amended June 4, 1996
Otay Ranch GDP/SRP }::{ Part II
Adopted October 28, 1993
Amended June 4, 1996
o Higher densities shall be strategically located to provide a
transition from the more intense urban uses of the Eastern Urban
Center and SR-125, to the lower intensity uses near Wolf
Canyon.
Village Core Policies:
o The greenbelt connection which winds through the village shall
be an integral design element of the village core, potentially
connecting open space, trails, recreational amenities, civic uses
and schools. This greenbelt may be located within or adjacent to
the core area.
Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standard would result
in the development of ~ 13.5 acres oflocal parks in Village
Seven. To satisfy this requirement, ~ 9.3 acres of neighborhood
parks/town square are planned. The remaining obligation is satisfied
throug()h the provision of community parks in Villages 2, 10 and the
EUC.
The following policies shall guide the design of parks and open
spaces in Village Seven:
o A regional pedestrian and open space link will be provided
through the village connecting Wolf Canyon on the west to the
Eastern Urban Center and Salt Creek on the east. This greenbelt
connection may take several forms, including a greenbelt, parks,
trails, and the pedestrian portion of promenade streets. The
average width and continuous character of the greenbelt shall be
defined in the Overall Ranch Design Plan. The greenbelt shall
average 200 feet in width (excluding street ROW) over the entire
length of any village (requirements set forth in Section E,
Implementation) to provide a direct connection between the
village core, Wolf Canyon, and the intense uses of the Eastern
Urban Center (see GDP/SRP Land Use Map).
o The average width of the pedestrian open space/trail conidor
shall be calculated from one edge of the village to the other.
o Buffering shall be provided to screen the Vortac facility (aviation
navigation faciJity) from adjacent land uses, if this use is not
relocated.
Other Village Seven Policies:
o
+WB-Threc schools are planned in Vil1age Seven. These shall be
appropriately separated with intervening land uses. The hi gh
school and middle school shall abut the regional open space, if
feasible, providing for non-vehicular access.
Page 158
Otay Ranch GDP/SRP ):1 Part II
Adopted October 28, 1993
Amended June 4, 1996
o Although this village is not located along the light rail transit
line, a transit stop shall be approximately located at the SPA
level and will be conditioned for dedication at the Tentative Map
level.
Page 159
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Exhibit 52 - Village Scvcn Land Use Map
September 19, 2001
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
9. Village Nine
a. Village Nine Setting
Village Nine is comprised of approximately 364 acres located in the
southern portion of the Otay Valley Parcel, northeast of the proposed
interchange of SR-125 and Otay Valley Road. The site is north of
the Otay River Valley.
Open Space and Habitat: Village Nine is located adjacent to two
natural resource areas: Salt Creek and the undulating slopes and
bluffs of the Otay River Valley. Areas of significant habitat occur
along the bluffs, including coastal sage scrub.
Land Use: Surrounding uses include the County Detention Facility,
Donovan State Prison, Otay Mesa industrial area and Brown Field, to
the south across the river valley. Proposed SR-125 is the western
village boundary.
Visual: Scenic values extend along Otay Valley Road, an open
space scenic corridor. The village contains views to Rock Mountain,
the Otay River Valley, and Salt Creek, with more distant views of
the San Ysidro Mountains to the east.
Relationship to Other Otay Ranch Villages: Village Nine is
located immediately southeast of the Eastern Urban Center, with
which the Village should have a complementary relationship.
Village Ten is located to theeast, and Village Eight is located to the
west, across SR-125. .
b. Village Nine Description
The primary land use for Village Nine is designated as University.
The intent of the GDP is to reserve a site for a full scale university
within the Otay Ranch. See Part II, Chapter I, Section D, herein,
describes the land use. The GDP reserves the land for a university
for a period of time dependent on the phasing. See Part II, Chapter 9,
Part B, for phasing policies. The secondary land use for Village
Nine consists of an Urban Village with transit/trolley. Urban
Villages are adjacent to existing urban development planned for
transit oriented development with higher densities and mixed uses in
the village cores. Village Nine contains:
o A maximum of 735singlc family residential units
o A maximum of 1,0 I 0 multi-family residential units
o Build-out population of approximately 4,928
o A village core area containing:
. Commercial uses in a mixed use setting
Page 160
Otay Ranch GDP/SRP J:[ Part II
. Public and community purpose facilities
. A transit stop and station
. An elementary school
. Multi-family residential
. A Town Square/Village GreenlMain Street
. Affordable Housing
o Neighborhood Park
Fir@ Station
Village Nine"
Use SF MF Total Res. Dens Park CPF Sch C'm!. Open Art. Total Approx.
Units Units Units Ac. Ac' Ac.* Ac. Ac. Sp. Ac. Ac. Pop.
LMV 621 0 621 138.1 4.5 138.1 1,987
MU 0 0 0 0.0 0.0 10.0 6.9 8.7 25.6 0
,- ~.,._-
MH 0 1,010 1,010 56.1 18.0 10.0 66.1 2,576
-. .--- - ...- -.
L 114 0 114 56.9 2.0 56.9 365
._____'m ...-.-. ~~-_. ..'
OTHER 0 0 0 0.0 0.0 58.1 19.1 77.2 0
TOTAL 735 1,010 1,745 251.1 10.0 6.9 10.0 8.7 58.1 19.1 363.9 4,928
*. Actual park size to be determined by Parks -Master Plan at the SPA level. Actual CPF acreage will be determined at the SPA
level.
uYillage Nine has a primary land use designation of University and a secondary land use designation of residential as depicted in
this table.
Exhibit 54 Village Nine Land Use Table
c. Village Nine Policies
Village Character Policies:
o The village character should be guided by the following
qualities:
Location adjacent to the Otay River Valley.
. High intensity of the village land uses.
Linkage and compatibility with the Eastern Urban Center.
.
Views to Rock Mountain, the Otay River Valley, Salt Creek
and mountains to the east.
.
Location along a proposed light rail transit line.
Adopted October 28, 1993
Amended June 4, 1996
Page 161
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
o The Eastern Urban Center, SR-125 and the transit corridor
provide opportunities for higher density along the northern and
western edges of Village Nine. The adjacent open space to the
south suggests a lower density residential to complement
topography and the Otay Valley Regional Park.
o Development along the northern village boundary shall be
compatible with the land uses in the adjoining Eastern Urban
Center. Pedestrian walkways link multi-family residential areas,
wherever feasible.
o Residential development along the southern portion of the village
shall emphasize views of the Otay River Valley.
o Pockets of developable land south of Otay Valley Road shall be
used for low density residential uses overlooking the park, and
shall be subject to special design criteria to be developed in the
Overall Ranch Design Plan.
Village Core Policies:
o A trolley stop and/or station shall be approximately located at the
SP A level and will be conditioned for dedication at the Tentative
Map level in the village core
o Light rail transit line rights-of-way shall be approximately
located at the SPA level and will be conditioned for dedication at
the Tentative Map lcvel.
o The number of homes identified for the village core IS a
minimum and may not be reduced,
Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standards would result
in thc development of 14.8 acres of local parks in Village Nine,- To
satisfy this requirement, 10,0 acres of neighborhood parks/town
square are planned, The remaining obligation is satisfied through the
provision of community parks in Villages Two, Ten and the EUe.
The following policics shall guide the design of parks and open
spaces in Village Nine:
o Natural open space areas adjacent to the Otay River Valley
identified on the GDP/SRP Land Use Map shall be preserved
outside of individual privatc lots.
. Signi ficant habitat areas shall be retained in natural open
space.
. Degraded habitat and slope shall be revegetated consistent
with rcvegctation and slope guidelines developed at the SPA
level. Landform grading shaH be utilized in these areas to
Page 162
Otay Ranch GDP/SRP J:[ Part II
Adopted Octobcr 28, 1993
Amended June 4, 1996
represent natural slope gradients and provide an undulating
edge with varying gradients.
Slope without habitat areas shall confonn to landscape
concepts developed at the SPA level.
o The village edge shall be a landscaped buffer, providing a soft
transition to the Otay Valley Regional ParklOtay Ranch
Preserve,
o Pedestrian trails shaJl be provided to link the viJlage with the
Otay Valley Regional Park.
Other Village Nine Policies:
o The visual impacts of development in areas adjacent to the Otay
River VaJley shall be considered in the design of neighborhoods
along this edge. A visual analysis shall be perfonned at the SPA
level to assess the visual impacts of development adjacent to the
Otay River VaJley. The OveraJl Ranch Design Plan will define
the requirements for the visual analysis.
Contour grading shaJl be required adjacent to the Otay River
Valley. Landfonn grading guidelines shaJl be defined and
deve10ped as part of the Overall Ranch Design Plan, and further
refined in the ViJlage Design Plan at the SPA level.
o
o
Design guidelines which address the visual quality of
development adjacent to the Otay VaJley Regional Park shaJl be
developed in the Overall Ranch Design Plan and further refined
in the Village Design Plan for ViJlage Nine.
Page 163
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September 19,2001
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The primary use of Villages 9 and] 0 is University as described in Otay Ranch Land
Use Designations Table, Part II, Chapter I, Section C. Villages 9 and 10 have
secondary land use designations for Village purposes as described in Part II, Chapter
I,Section F9 and FlO, and the area west of Wuestc Road, cast of Main Street, has a
secondary designation as open space.
Exhibit 56 Village Nine Land Usc Map: Primary University Land Use September 19, 2001
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
10. Village Ten
a. Village Tell Setting
Village Ten is approximately JJ4 270 acres located in the eastern
portion of the Otay Valley Parcel, between the Eastern Urban Center
and Salt Creek, The site is characterized by a broad mesa with
slopes along the eastern boundary leading down to Salt Creek.
Open Space and Habitat: Village Ten is located adjacent to the
steep slopes and habitat of Salt Creek.
Land Use: Village Ten is located on the eastern edge of the Otay
Valley Parcel. This site is surrounded by vacant farm land and
native habitat. Surrounding uses include Villages Eleven and Nine
to the north and southwest, the Eastern Urban Center to the west, and
the ARCO/U.S, Olympic Training Center across Salt Creek to the
east. Lower Otay Lake lies to the east across the ridge which borders
the Salt Creek corridor.
Visnal: Scenic values extend along Salt Creek, The village
contains views to Rock Mountain and the Otay River Valley, and
more distant views of the San Ysidro Mountains to the east.
Relationship to Other Otay Ranch Villages: Village Ten is
locatcd immcdia~east of the Eastern Urban Center. Village
Eleven is located to the north, and Village Nine is located to the
southwest.Otay Vallcy Road Eeparatcg a portion of Village Ten from
its village corce
b. Village Ten Descriptioll
The primary land use for Village 10 is designated as University. Part
II, Chapter I, Section D describes this land use, The intent of the
GDP is to reserve a site for a full scale university within the Otay
Ranch, The GDP reserves the land for a university for a period of
time dependent on the phasing. Also see Part II, Chapter 9, Section B
for phasing policies. The secondary land use for Village Ten consists
of an Urban Village, Urban Villages are adjacent to existing urban
development and are planned for transit-oriented development with
higher densities and mixed uses in the village cores. Village Ten
contains:
o A maximum of&-W~662 single family residential units
o A maximum of J-1.1- 170 multi-family residential units
o Bui1d~out population of approximately J,}J-I.. 2,574
o ~1iddlc ~I
o A Community Park
o A village core area containing:
Page 166
Otay Ranch GDP/SRP J:[ Part II
.
Commercial uses in a mixed use setting
Public and community purpose facilities
A transit stop
An elementary school
Multi-family residential
Neighborhood Park
.
.
.
.
.
A Town SquarelVillage GreenlMain Street
. Affordable Housing
Village Ten..
Use SF MF Total Res. Dens Park CPF Sch C'ml. Open Art. Total Approx.
Units Units Units Ac. Ac' Ac.. Ac. Ac. Sp. Ac. Ac. Pop.
M - 0 - 9h9 6.0 ~ ~ 4-,;JQ~
257 m 4:2,.9 4:2.9 8:24
MU 0 0 0 0.0 0.0 6.7 4-.(; ;w.() ~ 0
::3.5 3Q
--
MH 0 = = ~ 14.5 10.0 28-+ 69.1-
170 170 11J 21.7 433
LMV 412 0 412 91.5 4.5 91.5 1,318
-
CP 0 0 0 0.0 0.0 28.0 28.0 0
-. -.. -.
OTHER 0 0 0 0.0 0.0 4-GA ~ ~ 0
56..7 15.1 71.8
TOTAL 3W 27~ 1,000 +71h-1- 34.7 4.9 3&..0 ;w.() 4~ ~ 3;JJ.& :J,3'1-t
669 170 839 14"..1 .3.6 10.0 3.0 ;'6.7 15.1 269.2 2574
* Actual park size to be determined by Parks Master Plan at the SPA level. Actual CPF acreage will be determined at the SPA
level.
UVillage Ten has a primary land use designation of University and a secondary land use designation of residential as depicted in
this table.
Exhibit 56 Village Ten Land Use Table
c. Village Ten Policies
Adopted October 28, 1993
Amended June 4, 1996
Character Village Policies:
o The village character should be guided by the following
qualities:
Location adjacent to the Salt Creek corridor.
High intensity of the village land uses.
. Complementary relationship and compatibility with the
Eastem Urban Center, especially its residential component.
Page 167
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
. Views to Rock Mountain, the Otay River Valley, and the San
Ysidro Mountains to the east.
Village Core Policies:
o The village core should be located near the western village
boundary in order to provide some community services for the
residents ofthe Eastern Urban Center.
Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standard would result
in the development of -s)"!)-7.7 acres of local parks in Village Ten.
To satisfy this requirement 6.7 acres of neighborhood parks/town
square are planned in addition to a 28 acre community park. The
exact amount of parkland will be determined at the SPA level. The
following policies shall guide the design of parks and open spaces in
Village Ten:
o The community park design should provide a strong link with the
adjacent regional open space through the use on neighborhood
and regional trail connections. Location of the community park is
subject to a feasibility study at the SPA level.
o Natural open space areas adjacent to the Otay River Valley
identified on the GDP/SRP Land Use Map shall be preserved
outside of individual private lots. Natural open space character
along the canyon shall be based upon the concepts developed in
the Overall Ranch Design Plan and refined in the Village Design
Plan for this village.
o Set~nch and landscaping shall be proyidcd-along Otay Valley
Rood in keeping witH open space scenic corridor guid@lines if!
the Oyerall RantB--Design Plan (requirements set for the in
Section E, Implementation).
o Community park grading shall not extend into Salt Creek Open
Space Preserve area.
o Pedestrian trails shall link the village with the Otay Valley
Regional Park.
Other Village Ten Policies:
o Contour grading shall be required adjacent to Salt Creek.
Landfonn grading guidelines shall be developed as part of the
Overall Ranch Design Plan and will be further refined in the
Village Design Plan at the SPA level.
Design guidelines which address the visual quality of
development adjacent to Salt Creek shall be included in the
Overall Ranch Design Plan, and further refined in the Village
Design Plan for Village Ten.
o
Page 168
Otay Ranch GDP/SRP J:[ Part II
o
Although the village is not located along the light rail transit
route, a transit stop shall be approximately located at the SPA
level and will be conditioned for dedication at the Tentative Map
level.
Adopted October 28, 1993
Amended June 4, 1996
Page 169
Utilize Landfonn Grading
on Edges of Salt Creek
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September 19, 2001
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The primary use of Villages 9 and 10 is University as described in Otay Ranch Land
Usc Designations Table, Part II, Chapter I, Section C. Villages 9 and 10 have
secondary land use designations for Village purposes as described in Part II, Chapter
I,Section F9 and FlO, and the area west of Wueste Road, cast of Main Street, has a
secondary designation as open space.
Exhibit 59 - Vil1age Ten Land Use tv1ap: Primary University Land Use
September 19, 2001
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
11. Village Eleven
a. Village Elevell Setting
Village Eleven is comprised of approximately ~89 acres located
in the northeastern portion of the project, south of the extension of
East Orange Avenue Olympic Parkway and west of the extension of
Otay Vall"y--IWa4-Hunte Parkway. Salt Creek is located along the
eastern boundary and and 2. side canyon of Salt Creek is the sOHthem
e-ndary of the village a university is located to the south. The
community of EastLake is located to the north.
Open Space and Habitat: Village Eleven is located adjacent to the
slopes and habitat of Salt Creek. This area has been extensively
farrued.
Land Use: The San Oicgo Aq:lcduct and The San Diego Gas and
Electric (SDG&E) and San Diego County Water Authority
(SDCW A) easement cross the site northwest to southeast. EastLake
Greens is a planned community located along the northern edge of
the village.
Visual: Village Eleven is located to the south of_GFang@
AY€nueOlympic Parkway, a scenic corridor. Views from the village
include views of the mountains to the northeast, east, and south, and
views of the Salt Creek Canyon.
Relationship to Other Otay Ranch Villages: Village Eleyen is
located adjacent to the Eastern Urban Center, and Freeway
Commercial area and a park-and-rideJacility in Planning Area 12.
The village will provide transitions between these more intense uses
and adjacent residential uses.
b. Village Eleven Description
Village Eleven is an Urban Village. Urban Villages are adjacent to
existing urban development and are planned for transit oriented
development with higher densities and mixed uses in the village
cores. Village Eleven contains:
o A maximum of W---I,005 single family residential units
o A maximum of.J,QQ+ 1,385 multi-family residential units
o Build-out population of approximately 4flJB-6,749
o A 18;4- middle school
o Open space corridor
o A village core area containing:
Commercial uses in a mixed use setting
Page 172
Otay Ranch GDP/SRP J:[ Part II
.
Public and community purpose facilities
A transit stop
An elementary school
Multi-family residential
A Town Square/Village Green/Main Street
Affordable Housing
Neighborhood Park
.
.
.
.
.
Village Eleven
W~._
Use SF MF Total Res. Dens Park CPF Sch C'ml. Open Art. Total Approx.
Units Units Units Ac. Ac' Ac. Ac. Ac. Sp. Ac. Ac. Pop.
~.
MH 0 ~Q1 :JQ4 ~~ JJAt ~ 1,487
583 583 42.7 13.7 42.7
MU 0 9 Q 9' Q ,00 \J..9 Q 11M n~:J 1204
472 472 22.3 21.2 9.4 10.0 10.0 61.7
~.
MI4 195 097 097 'HH \4& W-() og.1 1.777
330 525 75.7 6.9 25.0 100.7 1,466
LMV -2\(; 0 H" ><>I>c" 4." W& :1JM ~IH
810 810 166.0 4.9 166.0 2,592
~_.
OTHER 0 0 0 0.0 0.0 95.9 ng 12g.g 0
51.4 66.5 117.9
-. 95.9
+4i) 1,Q01- :LZJ~ 23g.9 "-'I 2Q& >(h4 J;hS 400.9 -19J6
TOTAL 1,005 1,385 2,390 306.7 10.0 9.4 35.0 10.0 51.4 66.5 489.0 6,749
*Part of park acreage requirements have been allocated to community parks. Actual park size to be determined by Parks Master
Plan at the SPA level.
Exhibit 58 Village Eleven land Use Table
c. Village Eleven Policies
Village Character Policies:
o The village character should be guided by the following
qualities:
Adopted October 28, 1993
Amended June 4, 1996
.
Location adjacent to the Salt Creek corridor.
High intensity of the village land uses.
Compatibility with the Eastern Urban Center.
Vicws to the mountains to the northeast, east and southeast,
and the Salt Creek corridor.
Page 173
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
o Village Eleven shall contain a regional greenbelt which connects
to aH4-t~gb-the Eastern Urban Center.
o Multi-family residential uses should be located within ami
e-u-IBi-tIg..the village core to provide housing opportunities adjacent
to the Eastern Urban Center and Freeway Commercial area.
Village Core Policies:
o The village core land uses should provide a medium density
transition to the Freeway Commercial areas to the west.
o The village core should utilize tIi0 ~~~-an open space I
corridor as an identifying feature.
Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standard would result
in the development of 11,8 20.2 acres of local parks in Village
Eleven. To satisfy this requirement, 10,0 acres of neighborhood
parks/town square are planned. The remaining obligation is satisfied
through the provision of community parks in the Otay Ranch,
The following policies shall guide the design of parks and open
spaces in Village Eleven:
o A regional greenbelt/open space link (a minimum ofJOO 75 feet
wide) will be provided through on the south side of the village,
connecting Wolf Canyon, the Eastern Urban Center and Salt
Creek. This connection may take several forms, including a
greenbelt, fM'-k&, trails, or promenade streets. The greenbelt
shall be an average of JOO 75 feet wide. The GDP/SRP Land
Use Map provides a concept for the linkage through the village,
Natural open space areas adjacent to Salt Creek identified on the
GDP/SRP Land Use Map shall be preserved outside of individual
private lots. Natural open space character along the canyon shall
be based upon the concepts developed in the Overall Ranch
Design Plan and refined in the Village Design Plan for this
village.
o
o
Setbacks and landscaping shall be provided along Otay \/ailq
RooB--Hunte Parkway in keeping with open space scenic corridor
guidelines in the Overall Ranch Design Plan (requirements set
forth in Section E, Implementation).
Pedestrian trails shall link the village with Salt Creek and the
Otay Valley Regional Park.
The environmental resources contained in Salt Creek Canyon
shall be protected through careful buffering, landscaping and
grading techniques.
o
o
Page 174
Otay Ranch GDP/SRP J:[ Part II
o The aqueduct and SDG&E easements should be integrated into
the design of the village as open space. These easements may be
utilized for road crossings, parking and limited landscaping,
however, no habitable structures may be placed in the area.
Residential and school uses should be buffered from the SDG&E
powerlines. -The width of the buffer will conform to school
district requirements.
Other Village Eleven Policies:
o Contour grading shall be required adjacent to Salt Creek.
Landform grading guidelines shall be developed as part of the
Overall Ranch Design Plan and further refined in the Village
Design Plan at the SPA level.
Design guidelines which address the visual quality of
development adjacent to Salt Creek shall be defined in the
Overall Ranch Design Plan and further refined in the Village
Design Plan for Village EJeven.
o
o
Although the village is not located along the light rail transit
route, a transit stop shall be approximately located at the SPA
level and will be conditioned for dedication at the Tentative Map
level.
Adopted October 28, 1993
Amended June 4, 1996
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Exhibit 62 - Village Elevcn Land Use Map
September 19,2001
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
12. Eastern Urban Center/Freeway Commercial
(Planning Area 12)
a. Planning Area 12 Setting
Th8 East8rn Urban C8llt€)r (EUC) Planning Area 12 IS
approximately 139 120 acres located in the center of the Otay
Valley Parcel that contains the Eastern Urban Center (EUC) and the
Freeway Commercial (FC) areas. The topography in this area
consists of several broad knolls. The EUC is positioned at the center
of the Otay Ranch community, where the three major circulation
systems converge. These three systems include the open space
network, the proposed SR-125 highway and the proposed light rail
transit system.
Open Space and Habitat: This prominent site will be visible from
many of the developed portions of the ranch. The area has been
extensively fanned and is therefore devoid of sensitive habitat.
Land Use: The area is currently surrounded by vacant farm land and
will be surrounded by Otay Ranch villages. SR-125 is proposed to
form the western boundary of the WG-Planning Area 12,
Visual: The EUC is situated along the higher elevations of SR-125.
Therefore, it commands views in all directions of the mountains and
the ocean.
Relationship to Other Otay Ranch Villages: The EUC Planning
Area 12 is located adjacent to SR-125 on its western edge.- E\JG
Planning Area 12 is -west of Village II, northwest of Village 10, and
north of Village 9, This is the central commercial and office node
for the entire ranch and will be physically linked with all other
villages.
b. Eastern Urban Center Description
The EUC is an urban center, serving regional commercial, financial,
professional, entertainment, and cultural needs. This prime location
is designated as the Eastern Urban Center to announce its role as the
heart of the eastern territories in South San Diego County. The
center will be a viable and intense mixture of uses that will act as a
magnetic downtown, drawing residents, visitors and businesses.
The center will be composed of buildings of varying orientations. It
will contain specialty land uses, as well as shopping and
entertainment uses. Landmark architecture will be encouraged to
create a pronounced identity. An internal circulation system will
provide for pedestrians, bus and trolley cOlmections. This system
will provide efficient access throughout the Eastern Urban Centcr
and to the ultimate trolley line through this region.
The Eastern Urban Center contains:
o 2,5002,332 multi-family high density residential units
Page 177
Otay Ranch GDP/SRP J:[ Part II
o
Build-out population of approximately 6,375 5,947
Regional shopping complex
Multi-Use Cultural Arts Facility (including civic arts/theaters and
museums)
o
o
0 Regional Purpose Facilities
0 Neighborhood Park
0 Business Park
0 Visitor Commercial
0 Light Rail Transit station
0 An Elementary School
0 Community Park
0 Urban Open Space Corridor
0 Central Library and Civic Facilities
0 Affordable Housing
Planning Area Twelve (EUC/FC)
Use SF MF Total Res. Dens Park CPF Sch C'ml. Open Art. Total Approx.
Units Units Units Ac. Ac' Ac. Ac. Ac. Sp. Ac. Ac. Pop.
EUC" 0 :1,500 :!,aOO W..1- 35.6 -W.() iW 10.0 128.8 6,;j7i;
2,332 2,332 65.5 45.0 8.3 5,947
Reg. '-c-- ~ ~
Mall 0 0 0 0.0 19.1 19.1 0
Visitor 0 0 0 0.0 :1"0 :1"G 0
Comm. 15.3 15.3
Cuttural 0 0 0 0.0 1M) 1M) 0
3.8 3.8
Off-Low .-
Rise/Bus 0 0 0 0.0 mw I!G-O 0
61.3 E31.3
Off. ~ ~
Med/Hig 0 0
h Rise 19.1 19.1
EUC 0 #iQ9 #iQG 7"~ 35.6 45.0 8-9 10.0 118.7 @,37j;
Subtotal 2,332 2,332 65.5 8.3 5,947
-
FC 0 ~ ~ 0
110.2 110.2
.
OTHER 0 0 0 0.0 29.2 30.7 59.9 0
~-- .-' -- .-.-
TOTAL 0 ~ ~ 70A 45.0 iW 10.0 ;M;H' 29.2 30.7 417.E3 ~
2)32 2)32 65.5 8.3 228.9 5,947
~,--- -.---- .-
*Actual park size to be determined by Parks Master Plan at the SPA level.
H Regional Mall, Visitor Commercial, Office-Low Rise Business and Office-Medium/High Rise area all uses permitted within the
EUC land use designation. The characteristics and location of these subordinate uses will be defined as part of the EUC SPA plan.
It is anticipated that all uses within the EUC could equate to 6.000,000 sq. ft. of total uses.
Adoptcd October 28,1993
Amended June 4, 1996
Page 178
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
c. Eastern Urban Center Policies
EUC Character Policies:
o The character of the EUC should be guided by the following
elements:
Location at high point on the Otay Valley Parcel.
Synergism with adjacent villages, especially Village 10.
360 degree views to Point Loma and the mountains.
Location along light rail transit.
o Locate civic and regional purpose facilities in accordance with
the siting criterian in the Facility Implementation Plan, The
amount and size will be determined at the SPA level.
.
.
.
o The floor area ratio shall permit multi-storied buildings, high-
rise buildings and parking structures, The exact ratio will be
established at the SPA level.
o Locate less intense land uses around the edges of the EUC and
utilize landscaped buffers of varying widths to create a transition
to surrounding villages.
o Integrate commercial and residential uses to support a 24-hour
environment.
o Create a regional shopping complex focused on major shopping
activities.
o Provide for an array of services such as financial, medical, and
research-oriented facilities in office areas.
o Locate theaters and museums in prominent locations, to broaden
the appeal of the EUC as a viable regional hub of cultural
activity.
Eue Urban Design Policies:
o
Orient buildings to create a continuous facade to pedestrian
spaces. Define the pedestrian areas to provide a continuous
pedestrian experience.
Emphasize an urban street scene by locating buildings at the
sidewalk edge, except where creating pedestrian oriented spaces
such as patios, plazas, malls and squares.
o
Page 179
Otay Ranch GDP/SRP J:[ Part II
o Buildings fronting on streets or pedestrian spaces should contain
uses that support pedestrian activities such as dining, retail sites
and entertainment, and cultural experiences.
o Individual buildings or building clusters should incorporate
elements of art which can be viewed and experienced from
adjacent public space.
o To create vitality and excitement, activities should flow out from
buildings onto public spaces (i,e. sidewalk cafes, street vendors,
sidewalk entertainment).
o Buildings should incorporate design features which complement
a pedestrian scale, such as horizontal components, overhangs,
facade detail, display areas, and pedestrian seating.
o Buildings should exhibit an urban character through the use of
appropriate materials, textures, and scale,
o The scale of prominent buildings should be generally mid-rise,
up to 15 stories.
o Buildings should display qualities that are characteristic of
landmark architecture.
o Utilize streetscape amenities, such as enhanced street pavmg,
bollards and street furnishings, to establish identity,
o Establish view corridors which focus on and connect key visual
landmarks.
o Prominantly feature major actJVltJes nodes such as transit
stations, civic building and urban parks,
o Varying, but complementary, land uses should be integrated to
provide a mixed-use environment. A strong pedestrian
connection should be created between uses,
o Encourage a mixture of land uses particularly where structures
front a pedestrian plaza or urban park.
o A variety of uses, including residential, should be incorporated
within a single structure where feasible.
o The circulation system should minimize conflict with the
pedestrian system.
~-,---Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standard would result
in the development of ~J7.8 acres oflocal parks in the-_EUC. The
EUC will contain 45 acres of neighborhood parks/town square and a
community park (combined).
Adopted October 28, 1993 Page 180
Amended June 4,1996
Otay Ranch GDP/SRP J:[ Part II
Adopted October 28, 1993
Amended June 4, 1996
The following policies shall guide the design of parks and open
spaces in the Eastern Urban Center:
o A neighborhood park may be constructed contiguous to or
separate from the community park.
o Incorporate a pedestrian open space/trail corridor (average 200
feet wide) across the EUC which connects to Wolf Canyon and
Salt Creek. This corridor will create a strong east/west open
space system and reflect differing characteristics as it moves
through Otay Ranch, This corridor will be further defined by the
overall Ranch Design Plan.
o The average width of the open space/trail corridor shall be
calculated from one edge ofthe village to the other.
o Provide a network of pedestrian spaces, plazas, malls,
promenades, and squares to create a pedestrian oriented
environment.
o Individual building and building clusters should integrate
pedestrian plazas with the overall pedestrian system.
o Pedestrian plazas should incorporate fountains or artistic features
as a visual focus.
Other Eastern Urban Center Policies
o Transit line rights-of-way and trolley stops/stations shall be
approximately located at the SPA level and will be conditioned
for dedication at the Tentative Map level within the EUC and
Freeway Commercial area.
~Freeway Commercial Policies:
o
This category includes regional uses which require an automobile
orientation near regional transportation systems. Expected uses
include thoroughfare commercial, visitor commercial and
regionally oriented retail commercial
The freeway-oriented commercial area shall include uses such as:
an auto center, membership commercial, wholesale or discount
outlets and other uses which require direct freeway exposure and
serve a regional market.
o
o
Develop a signage and graphic program at the SPA level.
o
Reserve a park-and-ride at the transit stop at the northeast
intersection of Birch Road and SR-125.
Page 181
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75-foot Average
Buffcr Along Arterials
Eastern Urban Center
~
PkrtCr..tJIII;Aili~~01,:i<<J1
.'Ii~.oo"""~dp,.mJ
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Exhibit 64B - Planning Area) 2 Eastern Urban Center (EUC) Land Use Map
September 19, 2001
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Freeway Commercial
Pllrt c..n.t: ,1\iI~u" (11,)001
,rpr$IUlpI.nn~~dllllml
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1000
Exhibit 64A - Planning Area 12 Freeway Commercial (FC) Land Use Map
September 19, 2001
C. Western Phases
Otay Ranch Villages within the Otay Valley Parcel should be phased as follows:
Otay Ranch Phasing Plan
Otay Valley Parcell
Village/Plan. Area Units Population
First Western Phase
Village 1 ~ 9,6-W
3,723 11,497
Village 5 2,878 8,160
Phase Total ~ 17,776
6,601 19,657
Second Western Phase
Village 2 -'\,94-t ~
1,719 5,120
Villaqe 3 74+ ~
0 0
Village 6 2,232 6,335
ViJlaqe 11 2,390 6,748
Phase Total 4,944 14,453
6,341 18,203
Third Western Phase
Village 4 532 1,702
Village 7 1,501 4,512
Vill3go 11 4-,M9 4-,9JG
Phase Total ~ 11,151
2,033 6,214
Fourth Western Phase
Village 8 1,457 4,379
Village 9 (0 if University) 1,745 4,928
Village 10 (0 if University) -+,ooG ~
839 2,574
EUC (residential) MOO ~
2,332 5,947
Phase Total ~ 1 8, 993
6,373 17,827
First Western Phase: The First Western Phase includes Village 1 and Village 5, The
First Western Phase contains e,;w+ 6,601 units, generating a build-out population of
17,776 19,657 persons. The phase is immediately adjacent to areas of existing
urbanization on the northwest edge of Otay Ranch's Otay Valley, The development of
these villages will result in the logical and efficient extension of facilities, particularly
circulation element roads,
Second Western Phase: The Second Western Phase includes Village 2, Village 3, ami
Village 6, Village 11 and the Freeway Commercial portion of Planning Area 12. These
thFoo-four villages and portion of Planning Area 12 are adjacent to the two villages
contained in the First Western Phase or other developed areas and represent the rational
extension of facilities included in the First Otay Ranch phase. The Second Western
Phase contains 4,9-I4-6,34Iunits, generating a population of 11,15318,203 persons.
Third Western Phase: Third Phase of the Otay Valley Villages 4 and 7, and 11 and
contains :Jil-+9- 2,033 units and a population of approximately 11,151 6,214 persons at
build-out. The Third Wcstern Phase logically cxtends facilities from the prior two
phases. It should be noted that the Eastern Urban Center residential development is not
included in the third phase; however Eastern Urban Center public facilities, commercial
and office development will begin in this phase.
Fourth Western Phase: The fourth and final Western Phase includes Village 8, Village 9
and Village 10 and the Eastern Urban Center of Planning Area 12. As previously
discussed, some components of the Eastern Urban Center will be provided during the
Third Western Phase, particularly major public facilities and some office/commercial
uses. The EUC residential component-will be developed within this phase, and
associated public facilities will be completed. The Fourth Phase includes approximately
~ 3,789 units, generating a total population of~ 10,325 persons ifVillageg 9 and
10 are developed as a university, J f Villageg 9 and 10 are developed as residential
communities, ~ 6,373 units would be constructed, generating a total population of
I g,993 17,827 persons at build-out. The Fourth Phase is likely to have a long build-out
period because of the large proportion of multi-family residential units at higher
densities. It is anticipated that market demand for these higher densities will not occur
until late in the build-out of the project.
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ATTACHMENT 4
RESOLUTION NO. PCM 99-14
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN AMENDMENT TO THE CHULA VISTA
GENERAL PLAN RELATED TO THE OTAY RANCH AND AN
AMENDMENT TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. ("Property"); and,
WHEREAS, an application to amend the Otay Ranch General Development Plan for
Village II was filed with the City of Chula Vista Planning and Building Department on June 6,
1999 by New Millennium Homes and Brookfield Shea Otay has subsequently acquired
ownership of New Millennium property thereby becoming the applicant ("Applicant"); and,
WHEREAS, an application to amend the Otay Ranch General Development Plan was
filed with the City of Chula Vista Planning and Building Department on October 8, 1998 by The
McMillin Companies for Planning Area 12 ("Applicant"); and,
WHEREAS, the Director of Planning and Building added additional property in the
General PJan/Otay Ranch General Development Plan in Villages Nine and Ten to the Project's
scope; and,
WHEREAS, the applications request amendment of the General Plan/Otay Ranch
General Development Plan to realign Hunte Parkway and Eastlake Parkway and eliminate Birch
and Patrick Drive and Villages Seven, Nine, Ten and II and Planning Area 12 containing the
Freeway Commercial and Eastern Urban Center ("Property"), moving Village II to the Second
Western Phase of the Village Phasing Plan and relocating high school and middle school
locations within the Otay Valley Parcel ("Project"); and,
WHEREAS, the Otay Ranch General Development Plan was approved by the Chula
Vista City Council on October 28,1993 ("ErR 9S-01"); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
has determined that the Project would result in a significant impact to the environment, therefore
ErR 0 1-02 has been prepared; and,
WHEREAS, the Director of Planning and Building set the time and place for a hearing
on said General Plan amendment (GPA 01-06) and Otay Ranch GDP amendment (PCM-99-14)
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 SOO feet of the
exterior boundaries of the Project site at least ten days prior to the hearing; and,
Resolution No, PCM 99-14
Page No, 2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m.
September 26, 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 an amendment to
General Plan (GP A 01-06) is consistent with the policies of the General Plan and Otay Ranch
GDP (PCM 99-14) is consistent with the City of Chula Vista General Plan, the Otay Ranch
General Development Plan policies, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning practice support the approval 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.
Resolution No. PCM 99-14
Page No.3
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'Neill, Chair
ATTEST:
Diana Vargas, Secretary
11:"j'I,:\',',i\ti",i\l:;\ !~.~!11d)'')['\ ()i1(' \,~ IIV{\'i1L~n,1 I'! '<~';, ,L'
ATTACHMENT 5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH
GENERAL DEVELOPMENT PLAN FOR VILLAGES SEVEN, NINE,
EIGHT, TEN, 11 AND PLANNING AREA 12
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A"; and,
WHEREAS, an application to amend the Otay Ranch General Development Plan for
Village II was filed with the City of Chula Vista Planning and Building Department on June 6,
1999 by New Millennium Homes and Brookfield Shea Otay has subsequently acquired
ownership of New Millennium property thereby becoming the applicant ("Applicant"); and,
WHEREAS, an application to amcnd the Otay Ranch General Development Plan was
filed with the City of Chula Vista Planning and Building Department on October 8, 1998 by The
McMillin Companies for Planning Area 12 ("Applicant"); and,
WHEREAS, the Director of Planning and Building added additional property in the
General Plan/Otay Ranch General Development Plan in Villages Nine and Ten to the Project's
scope; and,
WHEREAS, the applications request amendment of the Otay Ranch General
Development Plan to realign Hunte Parkway and Eastlake Parkway and eliminate Birch Road
and Patrick Drive and revise the village boundaries and land use plan for Villages Seven, Nine,
Ten and II and Planning Area 12 containing the Freeway Commercial and Eastern Urban Center
("Property"), and move Village II to the Second Western Phase of the Village Phasing Plan
("Project"); and,
WHEREAS, the Otay Ranch General Development Plan was approved by the Chula
Vista City Council on October 28, 1993 ("ErR 95-0 I "); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
has determined that the Project would result in a significant impact to the environment, therefore
EIR 01-02 has been prepared; and,
WHEREAS, the Director of Planning and Building set the time and place for a hearing
on said General Plan amendment (GPA 01-06) and Otay Ranch GOP amendment (PCM-99-14)
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,
Resolution No.
Page NO.2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
September 26, 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 Clerk set the time and place for a hearing on said General Plan
amendment (GPA 01-06) and Otay Ranch GDP amendment (PCM-99-14) 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.
October 9, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council of the
City of Chula Vista and said hearing was thereafter closed,
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 September 26, 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 amendments to the General Plan pursuant to
Exhibit "B," attached hereto, and the Otay Ranch General Development Plan pursuant to
Exhibit "C," also attached hereto, finding said amendments 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.
III. PREVIOUS FEIR 01-02 AND AMENDMENTS REVIEWED AND CONSIDERED
FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, approved and certified FEIR 01-02 and by Resolution No. EIR 01-02.
IV. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
Resolution No.
Page No.3
A. THE PROPOSED GENERAL PLAN/OTA Y RANCH GENERAL
DEVELOPMETN PLAN AMENDMENTS ARE IN CONFORMITY WITH THE
CHULA VISTA GENERAL PLAN.
The General Plan/Otay Ranch General Development Plan Amendments reflect 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 GENERAL PLAN/OTAY RANCH GENERAL
DEVELOPENT PLAN AMENDMENTS WILL PROMOTE THE ORDERLY,
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED PLANNING
AREA.
The General PlanlOtay Ranch General Development Plan Amendments contain
goals, policies, provisions and requirements to ensure the orderly, phased
development of the project.
C. THE PROPOSED GENERAL PLAN/OT A Y RANCH GENERAL
DEVELOPMENT PLAN AMENDMENTS 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 Otay
Ranch. The Project will continue providing a variety of housing types compatible
with existing adjacent land uses, as required by the General Plan and Otay Ranch
General Development Plan. A comprehensive street network serves the Project
and provides for access to off-site adjacent properties. The proposed changes
closely follow 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 (FSEIR-OI-02).
V. APPROVAL OF THE GENERAL PLAN/OTAY RANCH GENERAL
DEVELOPMENT PLAN AMENDMENTS
The City Council does hereby approve the Project subject to Exhibits "B" and "C" and
based upon the findings and determinations on the record for this Project.
VI. 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
Resolution No.
Page No.4
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 Leiter
Planning and Building Director
John M, Kaheny
City Attorney
ATTACHMENT 6
TI-iF' TY OF CHUu.. VIsrA DISCLOSURE
\TEMENT
,0 ,are r"(juirctJ 10 lile ~ Sla"rn~nl HC ~i~C!()Sure or cerla,in a"'ncPlhip ar Iinan71al Inlcre.;I.. p"ymcnlS. or tarnpa!!
Ct,nlnnull"ns. un all mallcr! "'II,"~ wIll rc~uJrc dlSCrclllJnary .<1lon "n Ihc parI of Ihc c.ly Council. PI:.hl\lng Comrni.<slon, at
aU olhcr "meial boulcs. The Iol!uUllng Inlurmation musl be dl$doseu:
t. LIsI lhe names oC all persons having a nnanelul Inler<:S1 in Ihc propert)' which Is Ihe suhject o( the applJc'lUon or U
c:cntrocl, a.g., OUlner, applicanl. cunlraclar. subcontractor, m;lI~rll1j ,upplier,
Brookfield Otay LLC, a Delaware
shea otay Village 11 LLG, a
limited .liability colllpany
California li~ited liability comp~
Z. jf any per.;on' idenlilied pUr~uanl I" (1) ahove Is a corporu.ion Dr partnership. lisl Ihc hathe.< of all individuals owninj
more Ihan 10% of Ihe !hurcJ; 10 Ihc '~l1rporation or ""ning any parlner:;hiplnler"-~. In the parlnership.
N/A
,
3. If any per.;oll' identifi.d pUf'uant lO (I) abo'c L< non-profi. org3n!z'Hion or a lrl1.<l, IIsl the namc.s of any per,;on
serving as direclor or lh. non-profil organiZ:iltion dt as IIUSlc.:: 01 beQencial1 or trU5\01 or lll~ tlUSl.
N/A
4. Have you !>:Id more than S15U \Wol'h oC blUin..., tr-~nsacled ,"'ilb any member of lhe Cily Sian. Boards, Commissions,
Commitlee.$, and Council "'Ilhin Ih~ pasl Iwelye mOrlths' Yes_ No~ If yeS, please tndie:lIe penon(s):
, ,
5. PI=e identify euch anu every person, Incj.~ding any agents. employees. C"nsullanl.. or indcptntJent CCnlJ1lClolO who
you have =i!:ned ta represet\1 you ~lOre Ihc. City III Ihls mailer.
John Norman, Steve Doyle Geoeon, DUdek g Associates
William Hezmalhalch Arehiteccs Inc.
Land Concern, Wilson Engineering
Hunsaker & Associates
Terri Barker
6.
Have you and/or your urfil:J!rs 01 agenl~, In the aggre.ItJlle, tonlributed mote than S1.000 10 a Courltflmember in the
CUrren I or prCC1:ding <Icetiun pehl1d? Yes_ Nn-.!. Jf Y<:5, IHale which eauncllmember(5):
, . . (NOTE.:
AllOIcb additional pages as n~) . . .
Brookfield Otay LLG, a Del~ware
limited liability company
S. "I te or conttactbr/appli<:anl
~. Vice President
Print or lype Hnme of contraclot/appHtJnl
Date:
Q\\5lo/
. ~ i.t dr!fJICQ as: 'IA,H' iJlrJih~rJ/, .firth, c(}.pa1'Vlmf'.Jp. Jnim \'I:1U1I'1,', ,w'p(.!J11O'f. JncjIJI dub, fraU':nluf "~d"~llfl/l cnl'prJtQbOtl. cJ1dl~. /r1lJ"L ~,~i\.JcT, ~idJcr1lt,
THE CIT,-,F CHULA VISTA DISCLOSURE STA,~
"\ Me rC<juired to file a Stalcmenl of Disclosure of <:enain owner.;hip or financial intercsls. paYl)1ent5, or campaign
conlrit>utions. on all mailers which will require discretionary action on the pan of the Cily Council. Planning Commission, and
all other official bodics, The following informalion must be disclosed:
\. List the names of all persons having a financial intercst in the propeny which is the suhj""l of the application or the
contract, e.g., owner, applicant, contractor, 5ubcontraClOr. material supplier.
Me. Ml II 11\ (')~_i2aM.~ L-LC
2, If any per.;on. identified pursuant to (I) above is a corporalion or pannership, listlhe names of all individuals owning
more than 10% of lhe shares in the corporalion or owning any pannership interc.<I in lhe pannership.
), If any per.;on. identified pursuanl 10 (1) above is non'profit organization or a trust, list the names of any person
serving as dir""lor of the non.profit organization or as trUSlee or beneficiary or trustor of the lrust.
4, Have you had more than 5250 wonh of business transacted with any member of lhe City staff, Boards, Commissions.
Commillccs, and Council within the past twelve monlhs? Yes_ No-X If yes, please indica Ie person(s): _
5. Please idenlify each and every person. including any agents. employees. eonsullants, or independenl conlraetors who
you have assigned to represent you before the City in lhis mailer.
K~ Bo.(.lW\~a-v~
Cxo..~ "Ft-I.. ~"'L-ja.W\~
_~o 0 1ft €--k-hw
G-c<. \"~ C, ~ h
6, Have you and/or your officers or agenls, in the aggregate. contributed more lhanSl,OOO 10 a Councilmembe[ in [he
current or preceding election period? Yes_ No~ If yes, Slale which Councilmember(s):
. . . (NOTE: AtLach additional pages
\OI8Iq~
PLANNING COMMISSION AGENDA STATEMENT
Item: 3C
Meeting Date: 09/26/01
ITEM TITLE:
PUBLIC HEARING: PCM 99-15; Consideration of a Sectional Planning
Area (SPA) Plan and supporting regulatory documents including Planned
Community District Regulations, Village Design Plan, Public Facilities
Finance Plan and Affordable Housing Program involving 489 acres of land
known as "Otay Ranch, Village Eleven" located at the eastern edge of the
Otay Valley Parcel, between the future extension alignment of Hunte
Parkway, Olympic Parkway and EastLake Parkway,
Applicant: Brookfield Shea Otay, LLC
Brookfield Shea Otay, LLC, has submitted an application and requests approval of a new Sectional
Planning Area (SPA) Plan and associated regulatory documents for Village Eleven in Otay Ranch.
Village Eleven is located at the eastern edge of the Otay Valley Parcel, south of the future extension
of Olympic Parkway, west of the future extension of Hunte Parkway and the Salt Creek open space
corridor, east of the future extension of EastLake Parkway and northwest of the future University
site (Villages Nine and Ten).
The City's Environmental Review Coordinator has reviewed the Project and determined that the
Project would result in a significant impact to the environment; therefore, a Second-Tier
Environmental Impact Report (EIR 01-02) has been prepared. Certification of the Second-Tier
Environmental Impact Report for this project (EIR 01-02) will be considered by the Planning
Commission.
RECOMMENDATION:
That the Planning Commission adopt:
. Resolution No. PCM 99-15 recommending that the City Council approve the Village
Eleven Sectional Planning Area (SPA) Plan and supporting regulatory documents
including the Village Design Plan, Public Facilities Financing Plan, Affordable Housing
Program, Air Quality Improvement Plan, Water Conservation Plan, Non-Renewable
Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan, and adopt an
Ordinance to approve Planned Community District Regulations in accordance with the
findings and subject to the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDA nON:
The Resource Conservation Commission met on September 17, 2001 to consider the Final
Second Tier Environmental Impact Report EIR 10-02 and voted 4-2 to recommend certification
of the document. Those who voiced their concerns voted in opposition to the project based on
regional freeway impacts and not on the specifics of the GDP amendments and SPA Plan,
Page 2, Item: 3c
Meeting Date: 09/26/01
COMMUNITY FORUM:
A community forum was held on September 6, 2001 at the Arroyo Vista Elementary School in
EastLake Trails, The meeting included presentations made by City staff and Brookfield Shea Otay
on the proposed project including the proposed Otay Ranch GDP amendments as well as the
proposed Village Eleven SPA Plan, After the presentation, the attendees raised questions about the
current status of the future SR-125, about the constant construction activities along Telegraph
Canyon Road/Otay Lakes Road and the status of the University site. There were no negative
comments or concerns expressed regarding the proposed General Development Plan amendments
or Village Eleven SPA Plan.
DISCUSSION:
In October 1993, the City Council and County Board of Supervisors jointly approved the Otay
Ranch General Development Plan/Subregional Plan for the 23,000-acre Otay Ranch. The GDP
authorized 745 single-family homes and 1,001 multi-family units for a total of 1,746 dwelling
units in Village Eleven. The General Development Plan laid out the circulation system and
defined the village boundaries for the Otay Valley Parcel including Village Eleven, centered
around the "Village Concept". The GDP describes the Village Concept as mixed-use centers
with opportunities for employment and shopping among other uses within the "Village Core"
area and provides a framework of design elements for each use, Village Eleven was designed
with the Village Concept as described in the GDP.
In 1998, New Millennium became the owners of approximately 1,204 acres in the Otay Valley
Parcel in Village Ten, Village Eleven and Salt Creek, formerly owned by the Baldwin Company,
and initiated plans to develop their ownership. Last year, New Millennium sold their ownership
in the Otay Ranch to Brookfield Shea Otay (BSO), a partnership between Brookfield Homes and
Shea Homes, BSO has continued to process the GDP amendments and Sectional Planning Area
Plan for Village Eleven.
The proposed Village Eleven Sectional Planning Area (SPA) Plan and supporting documents
reflect amendments to the Otay Ranch General Development Plan including the circulation
system, increase in land area in the Project, and an increase in dwelling units in the village,
These amendments (as described in GPA-OI-06 and PCM-99-15) have been instrumental in
configuring the boundaries associated densities of the proposed SPA Plan for Village Eleven. A
full description ofthe proposed Village Eleven is as follows.
a, Existing Site Characteristics
Village Eleven, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch,
consists of 489 acres of gently rolling hills, which lead down to Salt Creek through a series of
slopes and arroyos. The San Dicgo Aqueduct and the San Diego Gas and Electric easement, (a
2
.... ._'''".._....,-_....._..._...,_...,-~_.,-_.__.,---- --~_.,-- - ._-- -,"- -.--
Page 3, Item:_ 3c_
Meeting Date: 09/26/01
prominent 240-feet wide corridor of the Village Eleven project area), crosses the middle of the
project site from the northwest to the southeast.
The planned community of EastLake Greens and the EastLake Land Swap area are located
directly to the north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and
Freeway Commercial sites (Planning Area 12), are located on the western boundary of the
Project, separated from Village Eleven by the southern extension of EastLake Parkway, To the
south and east of the Project are the portions of the Otay Ranch Preserve area of Salt Creek and
the future location of the University site (Village Ten).
b. General Plan, Zoning and Land Use
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley
Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages
are intended to contain higher residential densities and a variety of mixed-uses in the "Village
Cores", surrounded by single-family homes in the secondary residential areas outside of the
village cores. The General Plan designates residential land uses in Village Eleven as Low-
Medium Village (LMV) at 3-6 dwelling units per acre, and Medium at 6-11 dwelling units per
acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and
recreation, an elementary school, and a middle school all consistent with the land use
designations for the Otay Ranch GDP,
The GDP, which authorizes 2,390 dwelling units for Village Eleven, further details the
General Plan land uses and densities and separates them into various categories as outlined in
the following table:
Page 4, Item:_ 3c_
Meeting Date: 09/26/01
VILLAGE ELEVEN GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND
USES
Chula Vista General Plan Land Otay Ranch GDP No. of Units Existing Land
Municipal Use Designation Land Use Use
Code/Zoning Designation
PC Low-Medium Low-Medium 810 Units Vacant
Village (3-6 Village (4,9
Units/Acre Units/Acre
PC Medium (6-1 I Medium (6.9 525 Units Vacant
Units/Acre) Units/Acre)
PC Village Core Medium-High 583 Units Vacant
]3,7 Units/Acre
Mixed Use 21.2 472 Units
Units/Acre
PC Parks and Recreation Parks and N/A Vacant
Recreation
PC Elementary School Elementary N/A Vacant
School
PC Middle School Middle School N/A Vacant
(Junior High School) (Junior High
School)
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, which designates a zone for each neighborhood. The Village Eleven SPA
Plan Zoning Districts Map (Exhibit 11.3.2.-1 in the SPA Binder) identifies the individual zoning
districts for the Village Eleven project.
c, Proposed Plan
The Sectional Planning Area (SPA) Plan for Village Eleven defines, in more detailed terms, the
development parameters for the village, ine1uding the land use mix, design criteria and
guidelines, circulation pattern, open space and recreation concept and infrastructure
requirements. The plans for Village Eleven are contained in a series of documents, including: I)
SPA Plan; 2) Planned Community District Regulations; 3) Village Design Plan; 4) Public
Facilities Finance Plan; 5) Affordable Housing Plan 6) Air Quality Improvement Plan; 7) Water
Conservation Plan; 8) Non-Renewable Energy Conservation Plan, and 9) Parks, Recreation,
Open Space and Trails Plan (see Attachment #5, Otay Ranch Village Eleven SPA binder). A
Page 5, Item:_ 3c
Meeting Date: 09/26/01
brief summary of each of these plans follows:
I. SF A Plan
The GDP policies for Village Eleven identify the village as an Urban Village adjacent to existing
urban development and planned for transit-oriented development with higher densities and mixed
uses in the village core. The multi-family residential uses are to be located in the core area in
order to provide housing opportunities adjacent to the EUC and Freeway Commercial areas,
The village core is planned to provide a transition to the Freeway Commercial area and will
utilize the "Village Greenway" open space corridor as an identifying feature.
Village Eleven, is one of the more constrained villages in the Otay Ranch. The constraints
include the following:
. The location of utilities in the 240-foot wide utility easement, which bisects the property,
The easement contains the San Diego Aqueduct and the San Diego Gas and Electric
power lines and natural gas line. Access across the easement is very limited,
. Topographic changes in elevation across the site from the intersection of EastLake
Parkway and Olympic Parkway to Salt Creek (l25-foot change)
While not necessarily a constraint, the design factors of the village include the approved
alignment of Olympic Parkway and the realignment of Hunte Parkway and EastLake Parkway,
which set new boundaries for the village.
The location of the utility easement(s), which occupies almost 19 acres and runs through the
middle of Village Eleven from north to south, has "split" the village land use plan into essentially
two parts, The eastern portion of the village will contain most of the single-family residential
uses, as well as a 3.8-acre private (HOA) recreation facility, The western portion of the village
will contain the balance of the single-family residences, all of the multi-family developments,
several community uses such as parks and schools, as well as the village core containing the
mixed-use site, The nearby location of the Eastern Urban Center and Freeway Commercial sites
in Planning Area 12 has, in part, directed the location of the mixed-use area in Village Eleven-
the heart of the Village Core, to the western side ofthe village off of Birch Road, a Village Entry
Street.
The core area in Village Eleven is based on the "Town Square" concept. A one-acre private
Town Square, which is owned and maintained by the Master Homeowners Association but will
be publicly used, is intended to serve as a focal point and gathering place for the village core. On
the east side of the Town Square is a 5.5-acre Community Purpose Facility (CPF) site as well as
a lO-acre elementary school and a 7-acre public neighborhood park. The mixed-use site in the
village core, a IO-acre commercial, office and multi-family residential development is located
""" ..~..._,._.~------._-- ...-..'--..,,---,.--..,---- -"--'-"- ,--~-,--
Page 6, Item: 3c
Meeting Date: 09/26/01
directly to the west of the Town Square and proposes to contain a grocery store, pharmacy and
other retail and commercial office uses. In addition, the mixed-use site proposes 115 multi-
family residential units to be integrated into the mixed-use development. Several multi-family
developments, a 3-acre private (HOA) recreation facility and a 25-acre middle school site
surround the balance of the village core
SPA Plan Analysis
The land use plan for Village Eleven is consistent with the GDP goals and objectives for the
Village Concept. Densities in the village core are higher, and all of the community services are
located within a one-quarter mile radius of the Village Eleven Core. 2,304 dwelling units of the
2,390 authorized in the Otay Ranch GDP are utilized under the Village Eleven SPA Plan. The
Village Eleven Planned Community (PC) District Regulations function as zoning regulations for
the village. The PC District Regulations provide standards and regulations to guide the
development of the Project. These rcgulations are applied in conjunction with the Village Eleven
Design Plan.
a. Residential Land Uses
Sixteen single-family residential neighborhoods are proposed to contain 996 single-family
residences ranging from 3 to 7.5 units per acre on lot sizes averaging from 3,400 square-feet to
6,000 square-feet. The Applicant proposes to include several pedestrian-oriented features to
serve the single-family neighborhoods including "Paseos", which are themed pedestrian walking
trails and paths leading to other community and regional trails.
Village Eleven incorporates two major paseos into the land use plan, One paseo is located on the
eastern portion of the village connecting several single-family neighborhoods with the 3.8-acre
private (HOA) recreation facility, most likely to be developed as a community clubhouse with a
swimming pool and open space, An additional paseo is located on the west portion of the
village, This trail will connect several residential developments with the village core, Other
pedestrian-oriented features incorporated into single-family neighborhoods include open-ended
cul-de-sacs, which provide pedestrian connections to the paseo, extra-wide parkways on
residential streets and street trces to enhance thc pedestrian streetscape in each neighborhood.
Ten multi-family developments, (including the mixed-use site) provide an additional 1,308
dwelling units, which range from 8 to 25 units per acre. These multi-family developments will
incorporate a variety of housing types including alley-product homes, townhouses,
condominiums and apartments. Each of the multi-family developments will provide street
frontage to enhance the pedestrian cxperience and provide human scale, In higher density multi-
family neighborhoods, individual pedestrian conncctions to some of the units will be provided as
well. The following table illustrates a summary of the residential land uses in Village Eleven:
6
Page 7, Item:_ 3c_
Meeting Date: 09/26/01
NEIGHBORHOOD LAND USE ACREAGE TARGET DWELLING
AREA DU'S/AC UNITS
R-1 SF 26.7 6.1 164
R-2 SF 14.2 3.2 46
R-3 SF 15.3 3.0 46
R-4 SF 12.4 4.4 55
R-5 SF 7.5 5.0 37
R-6 SF 7.5 4.7 35
R-7 SF 11.4 6.1 70
R-8 SF 11.2 5.7 64
R-9 SF 11.6 52 60
R-10 SF 18.0 4.8 86
R-11 SF 7.7 4.7 36
R-12 SF 11.1 5.2 58
R-13 SF 11.4 4.6 53
R-14 SF 110 51 56
R-15 SF 10.3 6.6 68
R-16 SF 8.5 7.3 62
SUBTOTAL SF 195.8 5.1 996
R-17 MF 18.5 7.4 118
R-18 MF 12.5 12.5 125
R-19 MF 116 18.0 167
R-20 MF 10.6 7.4 78
R-21 MF 10.5 12.5 112
R-22 MF 8.4 15.0 105
R-23 MF 168 7.4 119
R-24 MF 10.2 15.0 169
R-25 MF 10.0 25.0 200
SUBTOTAL MF 109.1 10.9 1,193
MU MU 10.0 11.5 115
TOTAL RES. 314.9 2,304
Residential Land Uses Analysis
The single-family and multi-family residential components of the land use plan in Village Eleven
are designed to provide a variety of housing types, lot sizes and densities consistent with the
goals and objectives of the GDP as well as the Housing Element of the City's General Plan, Lot
Page 8, Item:_ 3c_
Meeting Date: 09/26/01
sizes for single-family homes will range from averages of 3,400 square-feet to 6,000 square feet
with densities of 3 to 7,5 units per acre, The Planned Community District Regulations contain
detailed requirements for the Zoning Administrator Site Plan and Architectural Review, and for
the Design Review Committee for multi-family and commercial projects, The regulations will
ensure that all of Village Eleven is built in accordance with the principles and other criteria
contained in the Village Design Plan.
b. Community Purpose Facilities (CPF)
The Village Eleven Project is obligated to provide Community Purpose Facilities (CPF) pursuant
to the Planned Community Zone ofthe City Zoning Ordinance. The PC zone requires 1.39 acres
ofCPF land per 1,000 persons. Based on the approximate population of6,935 persons in Village
Eleven, the CPF land acreage requirement is 9.6 acres, Village Eleven is currently providing for
a 5.5 acre facility in the village core, most likely to be developed as a religious facility with a day
care center. The Village Eleven Project will also include a second 3,8-acre CPF site on the
eastern side of the village, This site provides the location for a private recreation facility as
reflected on the proposed Tentative Map for the Project.
Community Purpose Facilities (CPF) Analysis
The City has reviewed the permitted use of a "Recreational Facility" (for non-profit
organizations) authorized in the CPF Ordinance of the Planned Community (PC) Zone. Staff has
also considered BSO's request for common useable open space that is maintained by a Master
Homeowner's Association as a permitted uses for the CPF sites in Village Eleven. Staff believes
that the privately maintained recreation facilities qualify as a CPF land use. An informational
item will be brought to the City Council, which describes the City's intention to develop a policy
for other planned communities to allow CPF credit for privately maintained recreational uses.
c. Schools
A pedestrian-oriented design theme is the main component for Village Eleven, (consistent with
the goals and policies of the Otay Ranch GDP). Wider sidewalks, paseos and other trail
connections will provide pedestrian access to the 10-acre elementary school and 25-acre middle
school in the village.
The 25-acre middle school will be located at the southwestern portion of the village surrounded
by three multi-family developments. This middle school is intended to serve not only residents
in Village Eleven, but also other Otay Ranch villages as well. The Sweetwater Union High
School District preferred the location of the middle school on the west side of the village to avoid
locating the school on the "edge" of the district.
8
Page 9, Item:_ 3c_
Meeting Date: 09/26/01
The 10-acre elementary school is located within the heart of the village core in order to provide
close access from all locations in the village. The elementary school is also located across from a
7-acre neighborhood park to provide additional common uses between the school and the public
park. Other community uses surround the school including the 5.5-acre CPF site and the 3-acre
private (HOA) recreation facility,
Schools Analysis
A 10-acre elementary school and 25-acre middle school will be provided in Village Eleven, The
schools are consistent with the goals and objectives of the GDP. The relocation of a middle
school to Village Eleven is consistent with the facility needs of the Sweetwater Union High
School District and Chula Vista Elementary School District.
d, Circulation
Connectivity in Village Eleven as provided in the Village Eleven Circulation Plan (see SPA
Binder, Attachment #5 - Exhibit IJ,2,3,-I) details the hierarchy of vehicular circulation for
internal neighborhood residential strects, collector streets, village entries and prime arterials for
the Project. Vehicular traffic, while important for the circulation in all Otay Ranch villages, is
considered secondary to pedestrian traffic. Design alternatives, which were adopted with the
original Otay Ranch GDP, have been implemented with the Project. Streets are designed to be
narrower to reduce vehicle speeds, and the wide-spread use of dead-end cul-de-sacs is
discouraged. In addition, "traffic calming" devices such as "roundabouts" and "neckdowns" are
significant circulation design solutions, which are promoted in the Otay Ranch and are
alternatives to the typical vehicular street system found in other planned communities.
Village Eleven provides nine different points of entry to the village from Olympic Parkway to
the north, EastLake Parkway to the west and Hunte Parkway to the south and east. In the
Project, Olympic Parkway continues as a "Scenic Corridor" and a 6-lane Prime Arterial roadway,
which includes its unique landscape theme, Two "Village Entry Streets" connect Olympic
Parkway to Village Eleven on the north side of the village. EastLake Parkway, which has been
realigned for property ownership, is a 6-lane Major roadway on the western boundary of the
Project. Three entry streets to the village core are proposed from EastLake Parkway. Birch
Road will serve as the main "Village Entry Street" and will also connect into the future Eastern
Urban Center. Two other streets on EastLake parkway, which are classified as Village Core
Streets and support the village core, are alternative routes. Hunte Parkway, which is classified as
a 6-lane Prime Arterial in the Project, provides four additional points of access to the south and
east portions of the village, Each of these four streets are classified as "Promenade Streets",
which provide a wider sidewalk and a double row of trees on one side. Among the Promenade
Streets along Hunte Parkway, there is one "Village Core Promenade Street" and three
"Residential Promenade Streets", which will all feature decorative landscape medians at the
openIngs.
9
Page 10,Item:_3c_
Meeting Date: 09/26/01
Internal street connectivity is the prime consideration for a well-balanced circulation pattern for
the village. Connecting major internal streets to the Village Eleven Core is also a primary goal
for the land use in the village. The existence of the utility easements for the San Diego Water
Aqueduct and San Diego Gas and Electric presented vehicular circulation challenges to the street
network in the village. The utility agencies would permit only a limited number of vehicular
crossings, and those include design limitations. As a result, there are only two vehicular streets
through the easement across the village,
Two major types of traffic calming devices are proposed for the village, "Neckdowns" and
"Roundabouts" promote low speeds for vehicles and present a superior design solution for
typical streets. Vehicle speeds in the village will have a maximum speed limit of 25 miles per
hour. In order to limit speeds and promote pedestrian-oriented circulation, other street design
alternatives are planned. Two Roundabouts, which are larger facilities than "Traffic Circles", are
located in the village core on the west side and in the single-family residential area on the east
side of the village. Several ncckdowns, which decrease the number of travel lanes at
intersections, or provide a mid-block crossing opportunity for pedestrians, are also proposed to
promote easy pedestrian circulation, These neckdowns are intended to create a sense of vehicle
"friction", lower vehicle speeds throughout the villagc and create pedestrian awareness for
motorists. Alley streets will also be provided in some of the multi-family developments to
promote pedestrian orientation for small-lot residences.
Circulation Analysis
There are nine individual points of vehicular access to Village Eleven off of Olympic Parkway,
EastLake Parkway and Hunte Parkway. Internal streets provide connectivity throughout the
village. All of the prominent circulation streets within the village are connected to the Village
Core. The constraint of the utility easement in the middle of the village restricts vehicular access
crossing the easement to two strcets. Additional connections to cul-de-sacs in several single-
family neighborhoods will be made with the Tentative Map application,
e. Transit
The proposed Transit Plan for Village Eleven consists of bus stops based on "Green Car" and
"Blue Car" service concepts created by the Metropolitan Transit Development Board (MTDB),
which coordinate operation of transit scrvices for the City with Chula Vista Transit. The Green
Car represents local circulators using mini to mid-size buses. The Grecn Car would act as a
collector and provide feeder access to Blue Car (metropolitan buses) and/or Red Car concepts
(fixed rail) in other villages of Otay Ranch. Red Car lines are proposed in the Freeway
Commercial and Eastern Urban Center developments of Planning Area 12 to the west of the
Village Eleven development. These thrce levels of service are planned to work together to
provide improved service within the local village area and will compliment longer trips provided
by Chula Vista Transit buses and regional fixed rail.
!O
Page II, Item: 3c~
Meeting Date: 09/26/01
Transit Analysis
The Applicant has prepared a conceptual Transit Plan for Village Eleven consistent with the
requirements of the SPA Plan and the policies of the GDP. Several transit stops are located
within Village Eleven, These are planned to have direct linkages to the future park-and-ride
facilities and trolley stops planned for the Freeway Commercial and Eastern Urban Center in
Planning Area 12,
2. Planned Community District Re~ulations
The Planned Community District Regulations will be adopted by ordinance as the zoning
regulations for Village Eleven. These regulations set the development and land use standards for
all property within the village for setbacks, building height, parking, landscape, lot sizes and sign
regulations. These regulations contain the standards that implement the pedestrian orientation
goals and design guidelines for the village,
Villages One and Five (SPA One) in Otay Ranch were the first villages designed for pedestrian-
orientation on the "Village Concept" described in the Otay Ranch GDP. Both villages are close
to being built out, and have been successful at implementing the goals and objectives of the
GDP. Staff believes, however, that through improved design standards, we can make future
villages even more successful. To this end, staff has worked closely with the Applicant to
include these improvements,
The standards for Village Eleven are more specific and have increased the requirements for
pedestrian-oriented design over those found in SPA One for Villages One and Five, A definition
of the goals and principals for pedestrian-oriented design has been included. Specifics such as
garage setbacks from the streets for single-family residences have been increased. Also, the
requirements have been increased to require porches on 66% of all single-family residential
units, The other 33% are required to have a strong entry feature or other pedestrian-oriented
feature.
Floor Area Ratios (FAR) for single-family residences have increased from SPA One from 50%
to 65% but will produce less intensive development. This is because, in SPA One, the
requirement was for 50% or a maximum of 4,500 square feet, which ever was greater. In the vast
majority of cases in SPA One, the maximum square footage was used, and in some cases the
FAR exceeded 70%. The City Council expressed concerns over the intensive development on
the small lots in the master planned communities, Council directed staff to review the standards
and find a solution to the intensity of the small lot single-family developments. Staff discussed
this issue at length with the developers of the Otay Ranch. Brookfield Shea Otay's solution to
the issue is to increase the setback of second stories on 33% of the units in a neighborhood. The
Applicant proposes to increase the second story setback by 5 feet to 10 feet for the first 20 feet
along the side yard of the house, Staff believes this increase in the second story setback will
address the City Council's concern in a simple and straight-forward manner.
11
Page 12, Item:_ 3c_
Meeting Date: 09/26/01
Three-car garages have been further restricted from single-family residences but not eliminated
from the SPA Plan. Three-car front-loaded garages off the street have been restricted to those
neighborhoods with 60-foot wide lots (limited to only 23 lots in the Project) with strict design
requirements including additional standards for off-set garage doors, landscaping and
architectural enhancements. Other three-car designs are also restricted to "tandem" style or side-
loaded for a "split" garage style, Based on the SPA One experience, three-car side-loaded styles
have been eliminated due to the large amount of concrete paving observed in the front yard.
3, Villaf!,e Desif!,n Plan
The Village Eleven Sectional Planning Area (SPA) Plan and supporting Village Design Plan
implement the design guidelines from the GDP "Village Concept" and the GDP Overall Design
Plan. The Village Eleven Design Plan providcs more detail and identifies the procedures for
implementation for the village. The design elements identified in the Village Eleven SPA
Village Design Plan reflect the policies from the GDP but are more location-specific for Village
Eleven. The GDP discusses the Village Concept for Otay Ranch and establishes the following
policies for the "Core" area - the heart of each village:
. Establish a unique character and sense of place within each village; and,
. Land uses, roads and buildings shall be designed and located to encourage walking
between uses and foster a pedestrian scale; and,
. Encourage a pedestrian-friendly village environment through the use of amenities such
as: shade trees, street furniture, on-street parking, buildings fronting the streets, narrow
streets, reduced design speeds, visible landmarks, entries and porches facing the street,
commercial areas with decreased setbacks, plazas and courtyards in commercial areas and
multi-modal circulation systems.
The theme for Village Eleven is centered around an "Irving Gill" architectural design concept,
which will be implemented through the design criteria described in the Village Eleven Design
Plan, Landscape and architectural elements ranging from Village Entry monuments to public
buildings will incorporate the unique flavor of Irving Gill's influence throughout the design of
the village. Gill style architecture is known for its simplistic design using smooth stucco walls,
arched forms and integrating indoor and outdoor spaces, The Village Eleven Design Plan offers
more information on design specifics,
Village Design Plan Analysis
The design theme for Village Eleven, which focuses on an "Irving Gill" architectural framework
for its community buildings in the village core, is detailed in the Village Eleven Design Plan.
This document describes the design requirements for the entire village, consistent with the
12
Page 13, Item:_3c_
Meeting Date: 09/26/01
policies of the Otay Ranch GDP, The Village Eleven Design Plan represents a significant
advancement in design of homes, community buildings and businesses from SPA One to meet a
higher standard of design for the Project. The purpose of the guidelines in the Village Eleven
Design Plan is to guide the design of site plans, architecture and landscape architecture within the
Project area, The residential design guidelines for Village Eleven were prepared utilizing the
SPA One development as a base, The Applicant has added design features that promote
pedestrian orientation including; increased requirements for porches and other seating areas in
single-family homes, as well as limited garage-oriented single-family homes. The styles of
single-family homes may include American Colonial, Craftsman, Monterey, European Cottage,
Italianate, Spanish Revival, Southwest Adobe Contemporary, and Irving Gill-inspired
architecture. Principle design criteria features include single-story elements, recessed front
second story, rear articulation, porches, roof forms, wrapping trim, garage treatments, variable
garage setbacks and plotting and massing criteria as required in the Village Eleven Planned
Community District Regulations,
Special attention will also be devoted to enhancement of those side and rear house elevations,
which are exposed to public view, Enhancement techniques for elevations include different roof
planes intersecting at right angles, single story element for a part of the house and offset planes
on the rear elevation, Enhancement techniques for rear elevations include balconies, window
pop-outs, recessed windows, enhanced window surrounds, window shutters, cornices at rear
eaves and other criteria, Housing at the development edge will require special attention such as
designing homes with different roof forms, interspersing single-story homes and other techniques
to avoid ridgeline monotony.
A greater emphasis on design of multi-family developments will be used as well. The Applicant
has detailed examples in the Village Design Plan, The design of these units will increase the
front-door pedestrian connections on many of the multi-family developments in the village core.
The multi-family, retail and commercial developments in the village core will be guided by the
Design Plan criteria for site planning, architecture, building material and colors and special
conditions, A separate "Master Precise Plan" for the Village Eleven Core will be prepared by the
Applicant prior to Site Plan Review for any of the projects in the village core.
4. Public Facilities Finance Plan
Village Eleven includes a separate Public Facilities Finance Plan (PFFP), which implements the
standards and policies for infrastructure improvements and demands for public service. The
PFFP also analyzes the Village Eleven development with the City Growth Management Program
and Ordinance. The Village Eleven PFFP describes in detail the public facilities that are required
for the development of 2,304 dwelling units for the village, and analyzes the phasing and
thresholds for development. The intent of the PFFP is to ensure that development phasing of the
village is consistent with the requirements of the City's General Plan for required public facilities
and infrastructure, as well as compliance with the City's Growth Management Ordinance.
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Page 14, Item: 3c
Meeting Date: 09/26/01
Public facilities and infrastructure such as water supply, sewer service, storm and drainage
systems and roads and streets are analyzed in the development of the village. Other public
facilities and services that are required for the village include; schools, child care facilities;
police, fire and emergency services; and library services and other social services, are also
included in the analysis. The PFFP also evaluates the demands on public facility services based
on the estimated village population and phasing of development. Village Eleven will be
developed in three phases, which generally proceeds from north to south as a result of
topography and grading operation plans. The reduction in elevation leading to Salt Creek results
in the development phasing leading from north to south,
Public Facilities Finance Plan (PFFP) Analysis
The Village Eleven Project has been evaluated for implementation of public facilities, public
services and infrastructure through the Village Eleven Public Facilities Finance Plan. The
Project has also been analyzed to ensure compliance with the City's Growth Management
Ordinance. Thresholds have been established to require the Applicant to provide infrastructure
improvemcnts as the village is built out. Standards adopted by City Policy require that the
Project be analyzed to determine whether the approval of the project, as conditioned, will have an
adverse impact on the City's adopted threshold standards.
The fiscal analysis conducted as part of the Village Eleven PFFP indicates that the village will
generate a surplus until the third phase when the majority of the multi-family units are
constructed. Lower density multi-family development tends to generate more costs than
revenues, The analysis was based on City standard fiscal assumptions, and did not take into
consideration the Property Tax Agreement with the County, When the 50% property tax split is
assumed, the Fiscal Impact of New Development (FIND) Model projects that the deficit is
covered, In addition, the Village Eleven SPA conditions of approval require the village to
participate in the Otay Ranch Reserve Fund, which has been established to fund the update of the
FIND Model and to reduce any deficit generated by the development of the Otay Ranch, There
will not be a deficit under current conditions or in the future,
A review of the FEIR, Village Eleven PFFP and other supporting Village Eleven SPA documents
provide evidence that the project is consistent with the adopted threshold standards of the City
including the Growth Management Ordinance. An analysis of thresholds is contained in the
environmental document EIR-OI-02 and the Village Eleven Public Facilities Finance Plan
(PFFP),
5. Affordable Housinf!. Plan
Consistent with the requirements of the General Plan's Housing Element and the Otay Ranch-
wide Affordable Housing Program, the Village Eleven Project is required to provide affordable
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Page 15, Item:_ 3c_
Meeting Date: 09/26/01
housing opportunities through the obligation of moderate and low-income housing in the village.
A separate Affordable Housing Plan has been prepared with the Village Eleven SPA Plan, which
requires a subsequent agreement between the Applicant and the City. Ten percent of the
dwelling unit total must be developed as affordable housing. Village Eleven requires 230
dwelling units to be dedicated to affordable housing. Half of the 230 units must be low-income,
the Applicant must therefore provide 115 low-income dwelling units,
Affordable Housing Plan Analysis
The Applicant is obligated to satisfY its Affordable Housing Program requirements for Village
Eleven. Ten percent of the 2,304 dwelling units in Village Eleven will be provided to moderate
and low-income families, The Village Eleven Affordable Housing Plan identifies target sites for
the 230 dwelling units (115 moderate income and 115 low income) required to satisfy the
Applicant's obligation. This plan complies with the requirements and policies of the Otay
Ranch-wide Affordable Housing Program and the General Plan's Housing Element. The
Applicant will be required to enter into a separate subsequent agreemcnt with the City to ensure
implementation ofthe affordable housing units.
6. Air Duality Improvement Plan
On November 14, 2000, the City Council adopted the Carbon Dioxide (C02) Reduction Plan,
which included implementation measures regarding transportation, energy efficient land use
planning and building construction measures for new development. It was recognized that the
City's effort to reduce carbon dioxide emissions from new developments are directly related to
energy conservation and air quality. As a result, the City is initiating a pilot study in order to
develop specific guidelines for the preparation of Air Quality Improvement Plans. The pilot
study involves the development of a computer model to evaluate the relative effectiveness of
applying various site design and energy conservation features in new developments. The pilot
study will analyze and produce the corresponding Air Quality Improvement Plan for the Village
Eleven SPA project.
Air Quality Improvement Plan Analysis
The City's effort to develop guidelines for the preparation of an Air Quality Improvement Plan is
consistent with the goals and objectives of the Otay Ranch GDP, The attached City Council
resolution contains a condition requiring the Applicant to process an amendment to the SPA,
incorporating the Air Quality Improvement Plan produced by the pilot study prior to, or
concurrent with, the Project's Tentative Map or as otherwise directed by the Director of Planning
and Building.
7. Water Conservation Plan
The City is in the process of developing guidelines for the preparation and implementation of
Water Conservation Plans for each of the new planned communities in the City. This effort
15
Page 16, Item:~ 3c~
Meeting Date: 09/26/01
involves a pilot study to evaluate the relative effectiveness associated with the implementation of
additional water conservation measures beyond those currently mandated in the Otay Ranch. The
evaluation will encompass additional technical water saving devices, as well as expanded use of
recycled water and possibly gray water. The pilot study will provide information to be used in
finalizing a Water Conservation Plan for Village Eleven.
Water Conservation Plan Analysis
The City's effort to develop guidelines for the preparation of a Water Conservation Plan is
consistent with the goals and objectives of the Otay Ranch GDP. The attached draft of the City
Council Resolution contains a condition requiring the Applicant to file an amendment to the SPA
plan, incorporating the Water Conservation Plan produced by the pilot study prior to, or
concurrent with, the Project's Tentative Map,
8. Non-Renewable Enerf!Y Conservation Plan
The Otay Ranch GOP requires a Non-Renewable Energy Conservation Plan for each SPA to
address energy conservation within each village. This plan identifies the most feasible measures
to reduce the consumption of non-renewable energy through land use and community design,
transit facilities and alternative transportation modes, building siting and construction techniques.
Transit-oriented development and pedestrian-friendly design of the village core are methods to
reduce energy consumption,
Non-Renewable Energy Conservation Plan Analysis
The preparation and implementation of a Non-Renewable Energy Conservation Plan for Village
Eleven is consistent with the goals and objectives, and policies of the Otay Ranch GDP.
9. Parks, Recreation, Trails and Open Space
Consistent with the goals and objectives of the Otay Ranch GDP, the Village Eleven land use
plan incorporates a pedestrian-oriented theme throughout the village, This pedestrian orientation
is connected through a network of parks, recreation, trails and open space. A 7,0-net acre public
neighborhood park will be the major park element in Village Eleven, In addition, a one-acre
Town Square will be an open space area, which will be privately owned and maintained by the
Master Homeowner's Association (HOA) in Village Eleven, but open to the public. Two
additional private (HOA) recreational facilities for the Village Eleven residents are planned. A
3-acre facility will be located near the village core adjacent to the CPF site and the elementary
school. An additional 3.8-acre private HOA recreation facility is planned for the eastern portion
of the village to serve the residents. Each of these private facilities will likely contain a
clubhouse facility and swimming pool complex.
]6
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Page 17, Item: 3c
Meeting Date: 09/26/01
A series of "Paseos", (pedestrian trails and pathways) will connect the village core area and
residential neighborhoods with other "Regional Trails" in the Project. Paseos provide pedestrian,
bicycle and electric cart opportunities to connect other pedestrian circulation facilities, The
"Village Pathway", a 15-foot wide hardscapc pathway, will connect the Freeway Commercial
area of Planning Area 12 to Village Eleven on the south side of Birch Road. This Village
Pathway, which allows for pedestrian, bicycJe and electric cart travel, eventually connects most
village cores in the Otay Ranch. The Village Pathway in Village Eleven will connect to the
Paseo located in the core and lead south to the Regional Trail on Hunte Parkway. A Regional
Trail system, is a City-wide trail system and is a prominent feature in Otay Ranch. Several
Regional Trails, which are 8-10 feet wide, are located in the Village Eleven Project and connect
two other major trails networks - the "Village Greenway" and "Chula Vista Greenbelt".
The Village Greenway, a significant open space corridor, connects several villages in the Otay
Valley Parcel of the Otay Ranch, and is located along the north side of Hunte Parkway in Village
Eleven. The Village Greenway in Village Eleven is an average 75-feet wide and contains
portions of a Regional Trail facility. Two pedestrian bridges are planned for Village Eleven to
link the Regional Trails in the Village Greenway along Hunte Parkway and the Chula Vista
Greenbelt. One of the pedestrian bridges is planned to cross EastLake Parkway at the
intersection of Hunte Parkway and connect the Village Greenway from the Eastern Urban Center
in Planning Area 12. This portion of the Greenway contains a Regional Trail pathway, A
second pedestrian bridge is located at the southern terminus of the western paseo in Village
Eleven, and connects a Regional Trail in the Village Greenway to the south side of Hunte
Parkway on the University site adjacent to the portion of the Otay Ranch Preserve adjacent to
Salt Creek. Additional Regional Trails in the Project link to the Chula Vista Greenbelt. The
Chula Vista Greenbelt, which originates from the Otay River Valley, adjacent to Salt Creek, is a
regional pedestrian trail system than links other pathways and trails throughout the City of Chula
Vista,
The Village Eleven Project contains a wide variety of open space areas to promote the overall
open space element of Otay Ranch. The Village Greenway provides a 75-foot average open
space corridor on the south and east side of the Project along Hunte Parkway. In addition,
Olympic parkway also provides a 75-foot average open space corridor to the development in
Village Eleven. The 240-foot wide utility easement running through the middle of the village
provides a passive open space corridor. There is a total of just over 49 acres of open space in the
Project.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village
Eleven Project must convey land to the Otay Ranch Preserve. The development of one acre of
land in Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve with
the approval of each Final Subdivision Map. Pursuant to the requirements, the Village Eleven
obligation is 455.0 acres ofland to be dedicated to the Otay Ranch Preserve,
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Page 18, Item:_ 3c_
Meeting Date: 09/26/01
Parks, Recreation, Trails and Open Space Analysis
The location of Village Eleven in the Otay Valley Parcel presents some unique opportunities to
provide connectivity to parks, recreation, trails and open space in the village. A 7-acre net public
neighborhood park across from the elementary school in the village core is in a centralized
location within the village. The one-acre Town Square, though privately owned and maintained,
is built for public use, This Town Square is the main focal point for the core area and provides a
meeting place for community gatherings.
The Applicant is proposing two private (HOA) recreation facilities: a 3-acre community
clubhouse and swimming pool complex on the west side of the village; and a 3.8-acre
community clubhouse and swimming pool complex on the east side of the village. Both
facilities are intended to exclusively serve the residents of the village. Two prominent "Paseos"
are located within the village to provide linkages to the village's neighborhoods as well as other
regional trails and paths. The paseo on the west side of the village links the Village Pathway off
of Birch Road and runs to the south and terminates at a Regional Trail and pedestrian bridge on
the north side of Hunte Parkway. Other Regional Trails are also included in the project on Hunte
Parkway and Olympic Parkway, they connect the Project's two pedestrian bridges and two other
regional trails - the Village Greenway and the Chula Vista Greenbelt.
The Village Greenway presents an average 75 foot-wide open space corridor on the south
boundary of the Project adjacent to Hunte Parkway. Additional open space is provided
throughout the village.
The requirement of land conveyance in the Project to the Otay Ranch Preserve is consistent with
the requirements of the Otay Ranch Resource Management Plan. The system, which includes
parks, recreation, trails, and open space that are provided in Village Eleven, complies with the
policies, goals and objectives of the Otay Ranch GDP and Resource Management Plan.
CONCLUSION:
Within Village Eleven, the proposed land uses and development intensities directly implement
the provisions of the Otay Ranch General Development Plan as amended. All designated public
facilities are located within the areas designated by the General Development Plan, and the
permitted density and land use intensities are those prescribed therein. With the adoption of the
General Development Plan amendment, the Village Eleven SPA is consistent with the amended
General Development Plan and, therefore, consistent with the General Plan.
Staff has concluded that the Otay Ranch Village Eleven SPA Plan, described and evaluated in
this report, is consistent with the policies in the adopted Otay Ranch General Development Plan
and City of Chula Vista General Plan. Staff recommends approval of the Village Eleven SPA
Plan and related documents,
18
Attachments
Page 19, Item:_ 3c_
Meeting Date: 09/26/0 I
I. Locator Map
2. Planning Commission Resolution (PCM-99-15)
3. Draft City Council Resolutions No.
4. Draft City Council Ordinance No,
5, Village Eleven SPA Plan (Binder)
6. Disclosure Statement
19
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UNIVERSITY \
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C) APPLICANT: PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN
PROJECT Olay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP
ADDRESS: South of ~mpiC Par1<wa~. East of Eastlake Request: Propose a 489-acre site to include 996 single-family lots; 1,308
Par1<way, est of Hunte arkway multi-family dwelling units; 5.5-acre community purpose facility; l1-acre
l SCALE: FILE NUMBER: elementary school site; 25.6-acre middle school 8 net acres public park
sites; 10 acres of mixed use commercial uses; 49.2 acres of open space;
NORTH No Scale PCS-01-11 and 66.2 acres of circulation.
j:\home\planning\cherrylc\locators\pcs0111.cdr 8.28.01
ATTACHMENT #l
RESOLUTION NO. PCM-99-15
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN, AND
SUPPORTING REGULATORY DOCUMENTS INCLUDING,
VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN,
AND AFFORDABLE HOUSING PROGRAM AND ADOPT AN
ORDINANCE TO APPROVE PLANNED COMMUNITY DISTRICT
REGULATIONS INVOLVING 489 ACRES OF LAND KNOWN AS
OT A Y RANCH, VILLAGE ELEVEN.
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
01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for
Village Eleven was filed with the City ofChula Vista Planning and Building Department on June 7,
1999 by New Millenium, Homes II, Inc" and Brookfield Shea Otay, LLC (BSO) has subsequently
acquired ownership of New Millennium property thereby becoming the applicant ("Applicant");
and,
WHEREAS, the application requests consideration of a Sectional Planning Area (SPA) Plan,
and supporting regulatory documents including Planned Community District Regulations, Village
Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving 489 acres of
land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel,
between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway;
and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) to be considered by the Planning Commission and City Council,
wherein the Planning Commission and City Council, in the environmental evaluation of said
amended GDP, relied in part on the original Otay Ranch General Development Plan Program
Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP)
Amendments/ Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 01-
02") (SCH#200 I 031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmcntal Impact Report (EIR 01-02) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch, Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general circulation in the
ATTACHMENT #2
city and its mailing to property owners within 500 feet ofthe 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.
September 26,200 I, 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 a Sectional Planning
Area (SPA) Plan for Otay Ranch Village Eleven (PCM-99-15) is consistent with the City ofChula
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 practice support the
approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Village Eleven Sectional Planning
Area (SPA) Plan (PCM-99-l5) and supporting regulatory documents including Planned Community
District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing
Program involving 489 acres ofland known as "Otay Ranch, Village Eleven" located at the eastern
edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic
Parkway and Eastlake Parkway in accordance with the 1indings contained in the attached City
Council Resolution No. ,; and,
And that a copy ofthis resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 26th day of September, 2001 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
! Ll'i \. -.--';!'^(;
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECTIONAL PLANNING
AREA (SPA) PLAN, AND SUPPORTING REGULATORY
DOCUMENTS INCLUDING, VILLAGE DESIGN PLAN,
PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE
HOUSING PROGRAM INVOLVING 489 ACRES OF LAND
KNOWN AS OT A Y RANCH, VILLAGE ELEVEN.
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and described on Chula Vista Tract 01-11, and
is commonly known as Otay Ranch, Village Eleven ("Property"); and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA)
Plan for Village Eleven was filed with the City of Chula Vista Planning and Building
Department on June 7, 1999 by New Millenium, Homes II, Inc., and Brookfield Shea
Otay, LLC (BSO) has subsequently acquired ownership of New Millennium property
thereby becoming the applicant ("Applicant"); and,
WHEREAS, the application requests considcration of a Scctional Planning Area
(SPA) Plan, and supporting regulatory documents including Planned Community District
Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing
Program involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the
eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte
Parkway, Olympic Parkway and Eastlake Parkway; and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay
Ranch General Development Plan (GDP) to be considered by the Planning Commission
and City Council, wherein the Planning Commission and City Council, in the
environmental evaluation of said amended GDP, relied in part on the original Otay Ranch
General Development Plan Program Environmental Impact Report 90-01, and the Otay
Ranch General Development Plan (GDP) Amendments/ Village Eleven SPA Plan Final
Sccond-Tier Environmental Impact Report ("EIR 01-02") (SCH#2001031 120), the
candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the
Project and determined that the Project would result in a significant impact to the
environment, thereforc, a Second-Tier Environmental Impact Report (EIR 01-02) has
bcen prepared; and,
WHEREAS, the Planning Commission set the time and placc for a hearing on
said Otay Ranch, Village Elcven Sectional Planning Area (SPA) Plan (PCM-99-l5) 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
ATTACHMENT #3
Resolution No.
Page 2
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. September 26,2001, 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 Village Eleven SPA Plan, and adopting the ordinance to approve
the SPA's Planned Community District Regulations for Village Eleven; 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 September 26, 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 adopting the Otay Ranch,
Village Eleven SPA Plan and supporting regulatory documents including Planned
Community District Regulations, Village Design Plan, Public Facilities Finance
Plan, and Affordable Housing Program involving 489 acres of land known as
"Otay Ranch, Village Eleven" 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.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the
Second-Tier FEIR 01-02, would have no new effects that were not examined in
said FEIR (Guideline 15168 (c)(2)).
Resolution No.
Page 3
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR
EIR
The City Council hereby finds that: (I) there were no changes in the Project from
the FEIR 01-02 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 information 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 01-02 (Guideline ISI68(c)(2) and 15162(a)),
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council found that the Second-Tier Final Environmental Impact Report
(EIR-OI-02) prepared for Otay Ranch, Village Eleven Sectional Planning Area
(SPA) Plan, pursuant to Resolution No. (EIR-OI-02) reflected the
independent judgment of the City Council of the City of Chula Vista and thereby
certified the Otay Ranch Village Eleven SPA FEIR 01-02,
VI. INCORPORATION OF ALL MITIGATION MEASURES AND
AL TERNA TIVES
The City Council does hereby 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 GOP Program FEIR 90-01, and Otay Ranch
SPA One FEIR 01-02,
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 01-
02 adequately describes and analyzes this project for the purposes of CEQA
(Guideline IS168( e)),
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 OTAY RANCH VILLAGE ELEVEN SECTIONAL
PLANNING AREA (SPA) PLAN AMENDMENT IS IN CONFORMITY
WITH THE CITY OF CHULA VISTA GENERAL PLAN.
The Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan
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 OTAY RANCH VILLAGE ELEVEN SECTIONAL
PLANNING AREA (SPA) PLAN WILL PROMOTE THE ORDERLY
SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The Village Eleven SPA Plan and Village Eleven SPA Public Facilities
Finance Plan contains provisions and requirements to ensure the orderly,
phased development of the project.
C. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SECTIONAL
PLANNING AREA (SPA) PLAN 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 Village Eleven Sectional Planning Area. 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 Village Eleven SPA Final Second-Tire
Environmental Impact Report (EIR 01-02),
IX. CONDITIONS OF APPROVAL
The City Council hereby approvcs the Project subjcct to the conditions set forth in
Exhibit "B", attached hereto.
Resolution No.
Page 5
X. APPROVAL OF OTAY RANCH VILLAGE ELEVEN SECTIONAL
PLANNING AREA (SPA) PLAN AND SUPPORTING REGULATORY
DOCUMENTS
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
rfany 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, 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.
Presented by
Approved as to form by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
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UNIVERSITY \
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C9 APPLICANT: PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN
PROJECT Otay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP
ADDRESS: South of W;mpic Parkwa~, East of Eastlake Request: Propose a 489-acre site to indude 996 single-family lots; 1,308
Parkway, est of Hunte arkway multi-famity dwelling units; 5.S-acre community purpose facility; 11.acre
SCALE FILE NUMBER: elementary school site; 25.6-acre middle school 8 net acres public park
t sites; 10 acres of mixed use commercial uses; 49.2 acres of open space;
NORTH No Scale PCS-01-11 and 66.2 acres of circulation.
j:lhomelplanninglcherrylcllocatorslpcs0111.cdr 8.28.01
EXHIBIT "B"
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN
CONDITIONS OF APPROVAL
GENERAL PROVISIONS
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. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
3, Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals
issued by the City in connection with the Project.
4. Approval of the Otay Ranch Village Eleven SPA Plan does not constitute approval of the
final lot configurations, grading, or street designs shown within the SPA plan,
Modifications must be reviewed and approved by the City Engineer and Director of
Planning and Building, the Planning Commission and/or the City Council during the
tentative subdivision map process, The ultimate total number of dwelling units for Village
Eleven, resulting from more specific Tentative Map and Final Map planning and analysis,
and/or the Site PlanlDesign Review process, may require a reduction in the number of total
units as described in the Village Eleven SPA Plan and Otay Ranch General Development
Plan,
5. The Applicant shall comply with all requirements, guidelines, and policies of the City of
Chula Vista including, but not limited to the following: it's General Plan; the City's Growth
Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource
Management Plan; Overall Design Plan; Ranch Wide Affordable Housing Plan; Otay Ranch
Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including:
Village Eleven Public Facilities Finance Plan; Village Eleven SPA Parks, Recreation, Open
Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-
Renewable Energy Conservation Plan.
6. 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").
ENVIRONMENTAL
7. The Applicant shall implement, to the satisfaction of the Director of Planning and Building,
all environmental impact mitigation measures identified in EIR 01-02 (SCH#200 1031120),
the candidate CEQA Findings (Exhibit -.J and Mitigation Monitoring Program (Exhibit -.J
for this project. Prior to any activity that may potentially impact biological resources, such as
clearing and grubbing, the applicant shall comply with all applicable requirements prescribed
in the Otay Ranch GDPNillage Eleven Environmental Impact Report EIR 01-02
(SCH#2001031120), and Mitigation Monitoring and Reporting Program,
8. The Applicant shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 23, 1993, and Otay
Ranch, Phase 2 Rcsource Management Plan (RMP2) as approved by City Council on June
4, 1996. The Applicant shall agree to implement the provision(s) of the Otay Ranch Phase
2 Resource Management Plan as a condition of the Project's Tentative Map.
9. The applicant shall comply with the requirements and policies of the Otay Ranch Resource
Management Plan, "Preserve Conveyance Schedule" as approved by City Council on June
4, 1996. Each tentative map shall be subject to a condition that the subdivider shall execute
a maintenance agreement with the City or its designee.
10. The Applicant shall comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Control Board, the
V,S. Fish and Wildlife Service and the U.S. Army Corps of Engineers.
II, Prior to the approval of the first "A" map for the Project, the Applicant must submit and
obtain approval of an application to annex Village Eleven into C.F.D. 97-02 for the
maintenance, management, and monitoring of the Otay Ranch Preserve per the
requirements of the Otay Ranch Resource Management Plan, Phase 2. (Planning)
12, The Applicant shall apply for and receive a take permit/authorization from the U,S. Fish and
Wildlife Service and California Department of Fish and Game or comply with the approved
City of Chula Vista MSCP Subarea Plan or other equivalent take permit/authorization
applicable to the Project. The Applicant will prepare and process on the City's behalf the
environmental permits for Hunte Parkway,
DESIGN
13. Applicant agrees to immediately relocate, at Applicant's sole expense, the necessary above
and/or underground utilities to accommodate the required street trees within the street tree
planting easement if determined necessary by the Directors of Parks and Recreation, Public
Works and/or the City Engineer.
14. The Applicant shall secure approval of a Master Precise Plan for the Village Eleven Core
Area, prior to or concurrent with submitting any development proposals for commercial,
multi-family and Community Purpose Facility areas within the Village Eleven Core as
described in the Village Eleven SPA Plan.
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING
15. Street cross sections shall conform to those standards contained in the Village Eleven SPA
Plan. Birch Road sections as shown on the Circulation Plan in the Village Eleven SPA Plan
and Village Eleven PFFP will be reviewed and are subject to modifications as required by
the City Engineer at the Tentative Map stage. All other design criteria shall confonn to the
design standards contained in the document entitled Street Design Standards and the
Subdivision Manual both as amended by the City from time to time, ("City Design
Standards"), Any proposed variation from the City Design Standards, which are not
addressed in the SPA Plan shall be subject to the approval by the City and indicated as a
specific waiver on the appropriate Tentative Subdivision Map.
16. The Applicant shall provide a conceptual design and depict locations of roundabouts, traffic
circles, neck-downs, or other traffic-calming designs described and depicted in the Village
Eleven SPA Plan for review and approval by the City Engineer and Director of Planning
and Building prior to approval of the first tentative map for the project.
17. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, as amended from time to time.
18, Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction
of all internal streets in the Project.
19. The developer shall obtain approval from the City Engineer and the Director of Planning
and Building for all proposed street names within the project prior to the approval of the
Tentative Map. Approved street names shall be shown on Tentative Map,
20. The Applicant shall provide for a pedestrian bridge connecting Village Eleven to the
Eastern Urban Center (Planning Area 12) crossing (east - west) over Eastlake Parkway just
north of Hunte Parkway, as follows:
a. Prior to approval of the first map for the Project, the Applicant shall fund the
preliminary design of said bridge and identify and establish the funding
mechanism to be used to fund half of the cost ("Applicant's Fair Share") of
constructing said pedestrian bridge; and,
b. Prior to approval of the first map for the Project, Applicant shall provide the
preliminary design of said bridge, and shall obtain the approval of the Directors
of Public Works and Planning and Building; and,
c. The timing of thc construction of said bridgc will be determined by the City,
consistent with the requirements of Village Eleven SPA Plan, Public Facilities
Financing Plan (PFFP), as may amended from time to time, and development of
the Eastern Urban Center in Planning Area ]2; and,
d. The bridge shall be constructed in a location as directed by the Directors of
Planning and Building and Public Works, (Planning, Engineering)
21. The Applicant shall provide for a pedestrian bridge connecting Village Eleven to the
University Site (Village Ten) crossing (north - south) over Hunte Parkway between
Neighborhoods R-16 and R-17 as depicted on the Parks, Recreation, Open Space and Trails
Plan in the Village Eleven SPA Plan, as follows:
a, Prior to approval of the first map for the Project, the Applicant shall fund the
preliminary design of said bridge and identify and establish the funding
mechanism to be used to fund half of the cost ("Applicant's Fair Share") of
constructing said pedestrian bridge; and,
b. Prior to approval of the first map for the Project, Applicant shall provide the
preliminary design of said bridge, and shall obtain the approval of the
Directors of Public Works and Planning and Building; and,
c, The timing of the construction of said bridge will be determined by the City,
consistent with the requirements of Village Eleven SPA Plan, Public
Facilities Financing Plan (PFFP), as may amended from time to time, and
development of the University site or Village Ten; and,
d. The bridge shall be constructed in a location as directed by the Directors of
Planning and Building and Public Works. (Engineering, Planning)
23, The Applicant shall provide a Sub Area Master Plan (SAMP) for water service and facilities
for Village Eleven, Said Sub Area Master Plan shall be reviewed and approved by the City
Engineer and Director of Planning and Building prior to the approval of the Tentative Map
for Village Eleven. When said Sub Area Master Plan is approved, the Applicant shall
provide the water and recyclcd water improvements in accordance with the master plan
prepared by Wilson Engineering dated on or about September 20, 2001 or as amended by
the Applicant and approved by Otay Water District. The SAMP shall be consistent with the
Village Eleven SPA Plan. The Applicant shall be responsible for obtaining the approval of
any amendment to the Village Elevcn SPA SAMP in order for the Village Eleven SPA
SAMP to be consistent with the approved SPA Plan prior to the approval of the first final
"A" map for the Project. The SAMP shall also include the analysis of reclaimed water for
open space slopes.
24. The Applicant shall establish and fund a monitoring program for the purpose of monitoring
all off-site drainage and erosion protection from Village Eleven to Salt Creek subject to the
approval of the Regional Water Quality Control Board and the City Engineer. If off-site
drainage and erosion protection is required as determined by the Regional Water Quality
Control Board or the City Engineer, the Applicant shall at it's own cost, process all
environmental permits and install drainage and erosion protection facilities to the
satisfaction ofthe City Engineer.
25. Unless required to be provided earlier by the City, no building permits can be issued, or any
other grant of approval for any improvement proposing to pump Village II sewage flows to
Poggi Canyon sewer trunk, Developer shall accomplish the following:
a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump
Station Financing Policy).
b. Enter into an agreement to construct and secure the construction, in accordance with
Section 18.16.220 of the Municipal Code, of those improvements required to
accomplishing the following:
1. Construction of pump station improvements and associated facilities
necessary to pump sewage flows to the Poggi Canyon sewer trunk.
11. Removal of any existing, ncw, and/or modified pump stations, force
mains, and associated improvements, to the satisfaction of the City
Engineer, upon completion of the Salt Creek Sewer Interceptor.
111. Connection of the Project by gravity to the Salt Creek Sewer
Interceptor, to the satisfaction of the City Engineer, upon completion
of the Salt Creek Sewer Interceptor.
c. Provide funding for the preparation of all the studies and reports required to support the
addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer
trunks, as determined by the City Engineer.
26, Prior to issuance of the Project's first mass grading permit, provide a study showing that the
proposed quantities of earthwork will balance for each phase. This study shall incorporate
the most recent Project design information for said phase. (Engineering)
PARKS, TRAILS and OPEN SPACE
27. The Village Eleven project shall satisfy the requirements of the Parkland Dedication
Ordinance (PDO). 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, The applicant shall provide a 7,0-
acre net neighborhood park in Village Eleven and a private one-acre net town square, The
balance of the park requirement for community parks shall be provided through the
payment of fees in accordance with the PD~.
28. The Applicant acknowledges that the City is in the process of preparing and adopting a
City-wide Parks Master Plan, and hereby agrees to comply with the provisions of said Plan
as adopted and as it affects facility and other related requirements for the Project's parks.
AGREEMENTS/FINANCIAL
29. The Applicant shall provide 9.4 acres of CPF land uses on the Project's Tentative Map to
comply with the Project's obligation to provide Community Purpose Facility land uses
consistent with the requirements of the CPF Ordinance in the Planned Community Zone.
The Applicant acknowledges that the City is in the process of preparing an Administrative
Policy regarding Community Purpose site utilization for the Project and hereby agrees to
comply with the provisions of said Administrative Policy as adopted.
30. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval
of the first map for the Project, guaranteeing the provision of the Applicant's obligation to
provide affordable housing units in accordance with the Otay Ranch Village Eleven
Affordable Housing Plan, Such agreement shall be in accordance with the City of Chula
Vista General Plan Housing Element, the Otay Ranch Wide Affordable Housing Plan and
the Village Eleven SPA Affordable Housing Plan. Said agreement shall be a condition of
approval of the first tentative map.
31. The Applicant acknowledges that the City is in the process of conducting an Air Quality
Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy
efficient land use planning and building construction measures for new development, and
that the Project area is part of that Study, The Applicant further acknowledges that the
AQIP Pilot Study will include cost effectiveness and feasibility analyses of the various
measures under consideration, and wi]] result in a Draft AQIP for the Project recommending
which measures should be included in the Project at the present time.
32. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the
Director of Planning allows other timing, the Draft AQIP must be considered and acted
upon by the Planning Commission and City Council. The Applicant hereby agrees to
implement the final AQIP measures as approved by the City Council, and as City deems
applicable to the Project, and to comply and remain in compliance with the AQIP,
33, The Applicant acknowledges that the City Council may from time to time modify air quality
improvement and energy conservation measures related to new development as various
technologies and/or programs change or become available, The Applicant shall be required
to modify the AQIP to incorporate those new measures, which are in effect at the time, prior
to or concurrent with each Final Map approval within the Project. The new measures shall
apply, as applicable, to development within all future Final Map areas, but shall not be
retroactive to those areas, which received Final Map approval prior to effect of the subject
new measures.
34. The Applicant acknowledges that the City is in the process of developing guidelines for the
preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot
Study to evaluate various water conservation measures for new developments beyond those
currently mandated, and that the Project area is part of that Study. The Applicant further
acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility
analyses of the various measures under consideration, and will result in recommending
which measures should be included in the Project at the present time.
35. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the
Director of Planning allows other timing, the Applicant shall have prepared, submitted and
obtained the approval of the Planning Commission and City Council of a WCP for the
Project which incorporates the Pilot Study recommendations. The Applicant hereby agrees
to implement the final WCP measures as approved by the City Council, and to comply and
remain in compliance with the WCP,
36. The Applicant acknowledges that the City Council may from time to time modify water
conservation measures related to new development as various technologies and/or programs
change or become available. The Applicant shall be required to modify the WCP to
incorporate those new measures, which are in effect at the time, prior to or concurrent with
each Final Map approval within the Project. The new measures shall apply to development
within all future Final Map areas, but shall not be retroactive to those areas, which received
Final Map approval prior to effect of the subject new measures,
37. A reserve fund program has been established by Resolution No. 18288 for the funding of
the Fiscal Impact of New Development (F,I.N.D.) Model for the Otay Ranch Project. The
Applicant shall provide funds to the Reservc Fund as required by the Reserve Fund
Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay
Ranch General Development Plan (GDP), the Applicant shall participate in the funding of
the preparation of an annual report monitoring the development of the community of Otay
Ranch, The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs in the
Project and is to be completed during the second quarter of the following fiscal year. The
annual report shall adhere to those guidelines noted on page 353, Section D of the
GDP/SRP.
38. The Project shall be required to equitably participate in any future regional impact fee
program for regional facilities as defined in the GDP/SRP, should such a fee program be
enacted to assist in the construction of such facilities. The applicant shall enter into an
agreement, prior to approval of the first "A" map, with the City which states that the
applicant will not protest the formation of any potential future regional benefit assessment
district formed to finance regional facilities.
SCHOOLS
39. The Applicant shall deliver to the Sweetwater Union High School District a 25-net usable
acre graded middle school Gunior high school) site including utilities provided to the site
and an all weather access road to the site acceptable to the District prior to January I, 2005.
..--..-"-"...--.."..-.--
The all weather access road shall also be acceptable to the Fire Department and the City
Engineer. This schedule is subject to modification by the School District as based on
District facility needs. (Planning and Building. Fire, Engineering)
40. The Applicant shall deliver to the Chula Vista Elementary School District, a graded
elementary school site including utilities provided to the site and an all weather access road
to the site acceptable to the District, located within Village Eleven, prior to issuance of the
1,050th residential building permit (approximately 352 students). The all weather access
road shall also be acceptable to the Fire Department and the City Engineer. This schedule is
subject to modification by the School District as based on District facility needs.
MISCELLANEOUS
41. Prior to applying for any permit pursuant to the adopted Village Eleven SPA Plan,
Applicant shall submit the entire adopted document in an electronic file format acceptable
to the Director of Management and Information Services. Said file shall be in the format of
Microsoft Word 2000, or current version acceptable to the City of Chula Vista, at the time
of the adoption of the Village Eleven SPA Plan, Any exhibits as part of said SPA Plan
(Maps, Plans, etc.), which are not in Microsoft Word format, shall be submitted in a format
acceptable to the City of Chula Vista, Director of Management and Information Services.
42. Within 30 days of the City Council's action on the SPA Plan documents, the Applicant shall
submit to the Planning and Building Department, forty-five (45) sets of all final SPA
documents, each set in a three-ring plastic binder and in a format as prescribed by City staff.
PHASING
43. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the Applicant shall 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,
44. The Applicant shall file a master final map ("A" Map), which provides for the sale of super
block lots corresponding to the units and phasing or combination of units and phasing
thereof. If said super block lots do not show individual lots depicted on the approved
tentative map, a subsequent final map shall be filed for any lot, which will be further
subdivided. All super block lots created shall have access to a dedicated public street.
Backbone facilities shall be guaranteed prior to approval of the related "A" Map(s), The
Applicant shall secure the installation of improvements in a form and amount determined by
the City Engineer prior to approval of a master final map, Said master final map shall not
be considered the first final map as indicated in the conditions of approval unless said map
contains single or condominium multiple family lots shown on a tentative map.
CODE REQUIREMENTS
45. The Applicant acknowledges that the City is in the process of amending its Growth
Management Program and Ordinance, to establish updated development phasing provisions
necessary to ensure compliance with adopted threshold standards. In order for the Otay
Ranch Village Eleven SPA Project to be consistent with the City's growth management
provisions, the Applicant hereby agrees to comply with all amendments to the Growth
Management Program and Ordinance in order for the City to approve this Project. Said
provisions shall also be included as a condition of approval of the first Tentative Map, and
any subsequent tentative maps, within Village Eleven SPA.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA
(SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OTAY RANCH, VILLAGE ELEVEN.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described on Chula Vista Tract 0 I-II, and is commonly known as
Otay Ranch, Village Eleven ("Property"); and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for
Village Eleven was filed with the City ofChula Vista Planning and Building Department on June 7,
1999 by New Millenium, Homes II, Inc., and Brookfield Shea Otay LLC, (BSO) has subsequently
acquired ownership of New Millennium property thereby becoming the applicant ("Applicant");
and,
WHEREAS, the Otay Ranch, Village Eleven Sectional Planning Area (SPA) Plan, Planned
Community District Regulations are intended to ensure that the Otay Ranch Village Eleven SPA
Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement
the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and
long term phased development of the Otay Ranch GDP and to establish conditions which will enable
the amended Otay Ranch, Village Eleven area to exist in harmony within the community ("Project");
and,
WHEREAS, the Otay Ranch, Village Eleven SPA 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 to the Otay Ranch Village Eleven SPA Land Use
Plan of the Otay Ranch Village Eleven SPA Plan; and,
WHEREAS, the Otay Ranch Village Eleven SPA Planned Community District Regulations
establishes zoning regulations adjustments to the Single-Family Three, Single-Family Four,
Residential Multi-Family One, Residential Multi-Family Two, Community Purpose Facility, Mixed
Use, Parks, Open Space, and Schools Zoning Districts located in the Otay Ranch Village Eleven;
and,
WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) to be considered by the Planning Commission and City Council,
wherein the Planning Commission and City Council, in the environmental evaluation of said
amended GDP, relied in part on the original Otay Ranch General Development Plan Program
Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP)
Amendments/ Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 0 1-
02") (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program; and,
ATTACHMENT #4
Ordinance No.
Page 2
WHEREAS, the Otay Ranch Village Eleven SPA 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 ofChula Vista on October, 28,1993, and as amended on May 14, 1996; November 10,1998;
and October 9, 2001; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Proj ect would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (EIR 01-02) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) 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.
September 26, 200 I, 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 Village Eleven SPA Plan and adopting the ordinance to approve the SPA
Planned Community District Regulations for Otay Ranch Village Eleven; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista docs 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 September 26,2001 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 Otay Ranch Village Eleven SPA
Planned Community District Regulations, finding that they are consistent with the City of
.,_._...,_,,",_._._ ~_"_____'____"_____H_'_~__,_,_____,_,_,_
Ordinance No.
Page 3
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 01-02,
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: (I) there were no changes in the Project from the FEIR
01-02 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 reports; 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 01-02 [Guideline 15168(c)(2) and 15162(a)].
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council found that pursuant to Resolution No. (PCM-99-15) that the
Otay Ranch Village Eleven SPA EIR 01-02 reflected the independent judgment of the City
Council of the City ofChula Vista.
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 01-02,
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 ofthe FEIR 01-02 adequately describes
and analyzes this project for the purposes ofCEQA [Guideline l5168(e)].
Ordinance 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 OT A Y RANCH VILLAGE ELEVEN SPA PLAN ADOPTING
THE VILLAGE ELEVEN SPA PLANNED COMMUNITY DISTRICT
REGULATIONS IS IN CONFORMITY WITH THE CHULA VISTA GENERAL
PLAN,
The Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan establishing
zoning regulations for Village Eleven 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 VILLAGE ELEVEN SECTIONAL PLANNING
AREA (SPA) PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The Otay Ranch Village Eleven SPA Plan and Village Eleven Public Facilities
Finance Plan contains provisions and requirements to ensure the orderly, phased
development of the project.
C. THE PROPOSED OT A Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING
AREA (SPA) PLAN 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 nctwork 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
Village Eleven SPA Environmental Impact Report (EIR-OI-02),
Ordinance No,
Page 5
Presented by
Approved as to form by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C) APPLICANT: PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN
PROJECT 01ay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP
ADDRESS: South of ~mpjC Parkwat, East of Eastlake Request: Propose a 489-acre site to indude 996 single-family lots; 1,308
Parkway, est of Hunte arkway multi-family dwelling units; 5.S-acre community purpose facility; II-acre
SCALE: FILE NUMBER: elementary school site; 25.S-acre middle school 8 net acres public park
l sites; 10 acres of mixed use commercial uses; 49.2 acres of open space;
NORTH No Scale PCS-01-11 and 66.2 acres of circulation.
r\home\planmng\cherrylc\locators\pcs0111.cdr 8.28.01
Tl-!F TY OF CHULA VISTA DISCLOSURE
\TEMENT
Yuu are r~quirc~ 10 me a Slu'c!t1cl1l of Di~el{).urc of "Crlaln C,"'"cJ"!;Hlp or 1111""<.:1011 Inler~,I,. payments, or campOli
c<,ntrlhul!l,h.S. <.>0 all m.lle" which will reyu!re discrc!"'l1ary aclion ,'n Ihc pOrt of Ihe Cit)' Counci!. PI.l1nlng Comrni"lon, a
aU olher omeial ",,,JI<:.<. The folloUilng ,nlurmallol1 mu51 be <l1.dosell:
l. L!$t 'he nam.:s of ali pcr,on~ having a nnaool"' In I er<:>t in th~ properl)' whlth is the suhjoet or the appllQUon or I
C.()nl[ac~! e.g., QUlner, applit:.:.l.l1l, c.t.HILr:::lclor. 'subcontraclor, malcrJul supplier.
Brookfield Otay LLC, a Delaware
limited Ji~bility company
shea Otay Village 11 LLG, a
California limited liability compa
1, If any person' ide"llfkli pur-<uanl '0 (I) ahove: Is. eorplJfulion or p~r1ncr$h!p, lisl tho n3rt1e.._ of nil iodividuals OWn!r,
mOre Ihan 10% Of Ihe .\hurc$ In Iht '1;1"pC:H~libn <.>r n\Vhing any partncrnhip Inler<:'~1 In Ihe parlMrshJp,
N/A
,
3. If any peroOIi' identified pur"u.nt 10 (I) _bu'c L, ",'n-profit organization or a Iru._I, IIsl Lhe nam.s of any p.,,;e,
serving a.s direclor 01 Lh. non"prolil organiZ3tion dt as Iruste::: or beo~nciary or lruslor Dillie trust.
N/A
4. Have: you had more lhan 10250 ,",orlh uf bU$in""" !r-JnS3cled ""ilh any member Of tho City Staff. Boaru., Commis.slons
Committee.s. and Countll "'lIhin lhe pasl IUi"lyc monlh.l? Yes_ No~ II yo:s, plo.ase Il\dlc:.\Ie person(s):_
, ,
5. PI=e idenlify oaeh and evcr< person, Including ony agents. employeos. c"nsull.I1I:i, or indcp"r1denl COntraclors ",he
you have i1!;Slgned 10 repr<:>cl1l y<IU b~rore the. Ci Iy Iii lhls maller,
John Norman, Steve Doyle Geocon, DUdek S Associates
Wil1iaw Hezmalhalch ArchitecoS Inc.
Land Concern, Wilson Engineering
Hunsaker & Associates
Terri Barker
6,
Hove you and/or ~our ufli~rs or agenl>, In Ihe ~ggregate, conlributed tr10te Ihan $1,000 In a Cour1cllmember in Ihe
curreo/ or prcC!Odm!: olce'II)" petit>u? Yes_ Nt1-E. If }'e.s, Slale wbtch CountiltTlember(s):
~\\\BlOI
.. . (NOTE:
AlI"cb .ddil1ddal pages as D=sary) . . ,
Brookfield Otay LLC, a Delaware
limited liability eo~pany
S~ ~l te of COnltJctorlapplic:ant
<?:A
DBle:
~, Vice Prasident
Print Ot type hUme of contractor/applicant
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