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HomeMy WebLinkAbout2018/03/06 Agenda Packet-Item 11City of Chula Vista Staff Report File#:18-0047, Item#: 11. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING TENTATIVE MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK, SUBJECT TO THE CONDITIONS LISTED IN THIS RESOLUTION B. ORDINANCE OF THE CITY OF CHULA VISTA CONSIDERING PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK FOR THE PURPOSE OF ALLOWING SUBDIVISION AND REDEVELOPMENT OF THE PROPERTY WITH AN INDUSTRIAL/COMMERCIAL BUSINESS PARK (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing, adopt the resolution, and place the ordinance on first reading. SUMMARY This public hearing and the resolution and ordinance are for consideration and approval of the proposed Otay River Business Park Specific Plan and Tentative Subdivision Map and the associated Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Otay River Business Park Specific Plan (ORBP SP) and Tentative Subdivision Map (TM) were prepared for the development of the 53-acre site previously known as the Nelson Sloan property. Sudberry Development, Inc., owner of the property (Applicant/owner), is proposing to subdivide and redevelop the property with an industrial/commercial business park. A Specific Plan is a tool for the effective planning and development of areas in need of revitalization. State law (Government Code 65450-65457) establishes the process for adopting specific plans and requires that the Planning Commission hold a public hearing on the proposed actions and provide a written recommendation to the City Council. A Tentative Subdivision Map is a tool used to subdivide properties into five or more lots for the purpose of showing the design of a proposed major subdivision and the existing conditions in and around it. The Tentative Map is normally reviewed and approved in anticipation of the property’s development. The ORBP SP and TM have been prepared by the Applicant pursuant to State Law and in compliance with the 2005 General Plan; the documents have been reviewed by City staff and outside agencies and they have been recommended for approval by the Planning Commission; the resolution and ordinance are now being presented to the City Council for consideration and approval. This report provides a description and analysis of the property and the ORBP SP and TM and their purpose and intent. City of Chula Vista Printed on 3/1/2018Page 1 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 288 File#:18-0047, Item#: 11. ENVIRONMENTAL REVIEW Environmental Notice Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP) have been prepared. Environmental Determination The Director of Development Services has reviewed the proposed ORBP SP and TM (collectively, the “Project”) for compliance with the California Environmental Quality Act and has conducted Initial Study IS15-0005 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Director of Development Services has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP). BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the proposed Tentative Map and Specific Plan at its public hearing of January 24, 2018 and approved a resolution recommending that the City Council consider and approve the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program pursuant to CEQA and approve the Otay River Business Park Tentative Map and Specific Plan DISCUSSION The most recent update to the City of Chula Vista General Plan occurred in 2005. The primary focus of the 2005 General Plan Update was on the currently developed areas of the City, in particular the western portions of the City. Within the Southwest portion of the City, the General Plan designated five “Areas of Change” that would need to go through a more detailed planning process. One of these areas is the Main Street District. The General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses that provide new employment and recreational uses, that is improved with attractive buildings and street frontages, and that provide for the protection of adjacent residential areas and open spaces in the vicinity. The General Plan mandates the preparation of a Specific Plan that will implement its vision for this area. According to the State of California Office of Planning and Research, a Specific Plan is “a tool for the systematic implementation of the general plan. It effectively establishes a link between implementing policies of the general plan and the individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts, or as detailed as providing direction to every facet of development from the type, location and intensity of uses to the design and capacity of infrastructure; from the resources used to finance public improvements to the design guidelines of a subdivision.” Specific Plans must comply with Sections 65450 - 65457 of the California Government Code. Specific Plans must also be consistent with the policies contained within the General Plan and may be adopted by resolution or by ordinance. This differentiation allows cities to choose whether their specific plans, or portions thereof, will be policy driven (adopted by resolution), or regulatory (adopted by ordinance). The Otay River Business Park Specific Plan is adopted by ordinance. All zoningCity of Chula Vista Printed on 3/1/2018Page 2 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 289 File#:18-0047, Item#: 11. by ordinance). The Otay River Business Park Specific Plan is adopted by ordinance. All zoning related portions of this Specific Plan (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Specific Plan boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted Specific Plan. The ORBP SP is established pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. The ORBP SP is a descriptive and normative document containing seven sections, including an introduction, planning consideration and existing conditions, General Plan Vision, Goals, Objectives and Policies, land use and development regulations, design guidelines, infrastructure/public facilities, and plan implementation and administration. The most pertinent sections are discussed below. Site Location and Existing Conditions The subject property is located within the City’s Southwest Planning Area along the south side of Main Street at the intersection with Fourth Avenue between Interstate 5 and Interstate 805. The 53- acre property extends south to the Otay River and west to Broadway (Site). The Project location is shown on Attachment 1 - Locator Map. The Site is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor, and the Otay River Valley open space to the south. The Site consists of multiple contiguous parcels of land. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures (which do not exist anymore) associated with the existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. Currently, the Site is vacant and surrounded by fully urbanized properties, particularly along its northern boundary. The Otay River Business Park will provide a new development pattern at this Site with business park uses and complementary amenities for the existing community. Otay Valley Regional Park The Site is located within the Otay Valley Regional Park (OVRP) boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego. The OVRP area extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area, and encompasses approximately 9,000 acres. The OVRP Concept Plan and Design Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. The Concept Plan provides direction and guidelines related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located withinCity of Chula Vista Printed on 3/1/2018Page 3 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 290 File#:18-0047, Item#: 11. the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The ORBP SP was prepared in the context of the OVRP and considered and incorporated the Concept Plan guidelines for private development. Current Land Use and Zoning The Site area is currently regulated by the land use and development regulations of the Limited Industrial Zone of the Chula Vista Municipal Code and has a General Land Use designation of Limited Industrial with a floating designator for a future Community Park somewhere in the vicinity of this property. The southern-most area of the Site along the Otay River Floodway is designated as Open Space, which is a designation intended for lands to be protected from urban development. The existing Zoning on this site is Limited Industrial with a Precise Plan Overlay (ILP). The Main Street Corridor between Interstate 5 and Interstate 805 is currently dominated by a mixture of commercial and light industrial uses with several areas, including part of the Site, used for heavy industry. Otay River Business Park Specific Plan The ORBP SP has been prepared in accordance with State Specific Plan requirements, as well as pursuant to the authority granted in Chula Vista Municipal Code Section 19.07, Specific Plans. The ORBP SP contains sections as required that address the following: 1. The distribution, location and extent of the use of land within the area covered by the plan (Refer to Chapter 4). 2. The proposed distribution, location, extent, and intensity of major components of infrastructure (transportation, sewage, water, drainage, solid waste disposal, and other essential facilities) proposed to be located within the area covered by the plan and needed to support the land uses described in the plan (Refer to Chapter 6). 3. The standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. (Refer to Chapters 4 and 5). 4. Implementation measures including regulations, programs, public works projects, and financing measures. (Refer to Chapter 6). 5. A statement of the relationship of the ORBP SP to the General Plan. (Refer to Chapter 3). The ORBP SP details the land use proposal for the Otay River Business Park, and it discusses project character, intensity, circulation, open space, compatibility with surrounding development, and development design guidelines. Specifically, the plan establishes the land use pattern within the Site and establishes a more flexible development pattern by permitting the development of industrial buildings as well as certain commercial uses that are not normally permitted within the Limited Industrial (IL) Zone, particularly along the Main Street frontage (see Land Use Matrix - Attachment 2). For example, the ORBP SP allows the development of medical, professional and commercial offices, as well as a variety of retail uses that are currently not permitted in the IL Zone. The ORBP SP also establishes detailed development standards that regulate future development such as minimum lot size, maximum lot coverage, building height, setbacks, parking standards, access and circulationCity of Chula Vista Printed on 3/1/2018Page 4 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 291 File#:18-0047, Item#: 11. size, maximum lot coverage, building height, setbacks, parking standards, access and circulation standards, and others. Chapter 5 of the ORBP SP contains a comprehensive list of design guidelines and standards that address site planning and design elements applicable to the overall Site. Chapter 6 of the ORBP SP provides a comprehensive and detailed description of proposed infrastructure to be built at the time of Project development. Design and development standards have been prepared to assist in creating a business park that provides upgrades and improvements from the prior site uses in a way that complements the surrounding community. The infrastructure plan establishes the standards and specifications to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. A portion of the ORBP SP property is identified as a potential location for a future Community Park by the City of Chula Vista General Plan Public Facilities and Services Element and the OVRP Concept Plan. In order to retain the option to construct a future park in the project area, approximately 13.9 acres are set aside in the ORBP SP. As an industrial/commercial project with no residential uses, the Otay River Business Park project has no obligation to provide park facilities and is not subject to the Growth Management Oversight Commission parks and recreation threshold. With no obligation for the project to provide park facilities, the park site would have to be purchased by the City. The final design of the park, including trail connections to the OVRP, will be determined by the City, after the City has agreed to purchase the park area, in collaboration with the community and shall use the most current OVRP Design Standards and Guidelines. Portions of the Specific Plan property are located within the floodway of the Otay River. Generally, grading and development are not permitted within the floodway, except as allowed pursuant to Chula Vista Municipal Code (CVMC) 19.50.040 and subject to all regulations by the Federal Emergency Management Agency (FEMA) and in accordance with CVMC 19.50 and 14.18,et seq. The ORBP SP designates this area (PA4) as Open Space without permanent structures. Tentative Subdivision Map A TM was prepared and submitted as part of the preparation and processing of the ORBP SP, and in anticipation of the proposed development of the Site. The TM proposes to consolidate and subdivide the 53-acre Site into 12 individual lots for industrial/commercial development and one lot for a future City park, as well as one lot for open space. The TM for the Site provides all of the infrastructure services, establishes developable parcels, public improvements and public facilities that will implement the development of the proposed business park. Additionally, the TM will provide for the grading and development of the Site, as shown on the proposed Tentative Map and Mass Grading Plans PCS16-0007. Pursuant to Government Code Section 66473.5, the Planning Commission and City Council must make the findings listed in the TM resolution substantiating that the TM, as conditioned therein, is in conformance with the elements of the City’s General Plan. The proposed TM has been reviewed for consistency with the City of Chula Vista Subdivision Manual and staff has included the necessary conditions that must be satisfied prior to issuance of a Final Map. The conditions are described in detail in the draft City Council resolution attached to this report. ANALYSIS Following is an analysis of the proposed ORBP SP and TM and their consistency with State and City of Chula Vista regulations. The main requirement of a specific plan is that it must be consistent with and implement the General Plan. The ORBP SP’s key objectives are to provide a business parkCity of Chula Vista Printed on 3/1/2018Page 5 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 292 File#:18-0047, Item#: 11. and implement the General Plan. The ORBP SP’s key objectives are to provide a business park incorporating industrial, professional office, and commercial uses to create economic opportunities in the area, provide land for future park uses and respect the Otay River floodway and Otay River Valley open space that is part of the adjacent OVRP. The ORBP SP establishes the following goals as a way to implement the General Plan vision (see Chapter 3 for a detailed list of goals, objectives and policies): 1. Create a business park that respects the character of its surroundings, incorporates a quality design for attractive buildings and street frontages, provides locations for local businesses to operate, and is an asset to the City and region. 2. Promote a quality development consistent with the goals and policies of the Chula Vista General Plan and Design Standards for the Main Street District. 3. Provide for comprehensive planning that assures the orderly development of the site in relation to its surroundings. 4. Establish development and design regulations providing for high quality and visibly attractive landscaping and building architecture. 5. Protect environmentally sensitive areas within the specific plan boundaries, and designate usable area for a future community park adjacent to the OVRP that can link to existing OVRP trails. 6. Develop a plan that is economically feasible and able to be implemented based on anticipated economic conditions such that no economic burden to the City of Chula Vista would occur. The ORBP SP is made up of the following Chapters which contain the provisions that are required by State and City Laws: Chapter 1 - Introduction Chapter 2 - Planning Considerations Chapter 3 - General Plan Vision, Goals, Objectives, and Policies Chapter 4 - Land Use & Development Regulations Chapter 5 - Design Guidelines Chapter 6 - Infrastructure and Public Facilities Chapter 7 - Plan Implementation and Administration The seven Chapters of the ORBP SP implement the 2005 General Plan, and provide a comprehensive working document that describes guidelines and standards for implementation of the future Otay River Business Park development. The document provides a detailed description of proposed land use, design guidelines, and infrastructure standards, which have been prepared to assist in creating a business park that provides upgrades and improvements to the Site and the surrounding community. The ORBP SP is being adopted by ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Site. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future developmentCity of Chula Vista Printed on 3/1/2018Page 6 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 293 File#:18-0047, Item#: 11. guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. Land Use and Development Regulations Chapter 4 of the ORBP SP establishes the appropriate use distribution and mix, intensity, physical form, and functional relationships of land uses within the ORBP SP area. The following areas shown on Exhibit 9 Specific Plan Land Use Map are included as part of the ORBP SP: 1. Planning Area 1 (Limited Commercial/Industrial) - Situated adjacent to Main Street, between Fourth Avenue and 7th Avenue at the north edge of the specific plan area. 2. Planning Area 2 (Transitional-Limited Commercial/Business Park) - Area of property south of the PA-1 (Commercial) and north of Faivre Street between Fourth Avenue and 7th Avenue, and lots adjacent to Broadway to the south of Faivre Street. 3. Planning Area 3 (Business Park) - Remainder of developed lots within the specific plan excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of 7th Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. 4. Planning Area 4 (Floodway and Habitat Area) - Located along the southern boundary of the specific plan. 5. Planning Area 5 (Future Park Site) - Situated in the eastern portion of the specific plan, from Fourth Avenue south to specific plan boundary. The ORBP SP’s land use and development regulations are intended to encourage and facilitate development of an industrial/commercial business park that will provide for both commercial and light industrial development areas. Planned land uses may consist of a variety of industrial, office, service, retail, and food services that would provide employment opportunities for residents with a range of skills and education. The proposed lots fronting on Main Street and Fourth Avenue are zoned and sized for development of a balanced mix of commercial uses along with industrial businesses, while the lots generally south of the new Faivre Street are intended to accommodate larger businesses and employment centers, providing opportunities for a wider variety of employment opportunities. The construction of new industrial and business park uses, with street and infrastructure improvements, will help to revitalize the Main Street corridor. The Site is within the OVRP boundary. To avoid possible flooding to the developed areas, the grading design shown on the TM included with the ORBP SP would elevate the building pad outside of and above the Otay River floodway, and creates a slope buffer between the building pads and the floodway planted with native species. The ORBP SP also limits uses in Planning Area 4 along the southern boundary of the specific plan to open space uses allowed in the CVMC for floodways. The OVRP Design Standards and Guidelines are referenced within the ORBP SP to guide certain architectural and site plan development within the ORBP SP area, including the future park area The proposed land uses and development regulations identified in the ORBP SP would replace the provisions of CVMC Chapter 19.44. Where the CVMC conflicts with the development standards orCity of Chula Vista Printed on 3/1/2018Page 7 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 294 File#:18-0047, Item#: 11. provisions of CVMC Chapter 19.44. Where the CVMC conflicts with the development standards or other provisions of the ORBP SP, the ORBP SP would apply; where the ORBP SP is silent, the CVMC would apply. The definitions found in CVMC Chapter 19.04 would apply to the ORBP SP, except where specific definitions are provided in the ORBP SP. Design Guidelines Chapter 5 of the ORBP SP contains design guidelines for future development within the specific plan area. The ORBP SP design guidelines would apply to both new development and the rehabilitation of older structures, and would encourage an area that is economically stronger, more recognizable, and rich in sense of place and identity. Specific design guidelines are established for Site Design (circulation, site access, parking and loading), architectural design (architectural character, building massing and scale, and exterior materials and finishes), Landscape Design (frontage improvements and entries, Otay River Valley interface, walls and fences, and signage), and Sustainable Design Strategies (Cal Green compliance, water conservation, use of renewable energy, alternative forms of mobility, etc). As future development projects within the Site are submitted to the City for permitting, projects will be subject to the standard design and architectural review process. In addition to the specific design guidelines provided in the ORBP SP, future development within the Site would be subject to the design guidelines identified in the City of Chula Vista Design Manual. Developers, designers, architects and engineers would refer to the ORBP SP’s and the City’s Design Manual Guidelines for general design guidance and preparation of plans. Plans must be consistent with those design guidelines in order to be approved by the City. Infrastructure and Public Facilities Chapter 6 of the ORBP SP describes the infrastructure and public facilities applicable to future development within the Otay River Business Park, including circulation and access, water facilities, sewer facilities, stormwater and drainage facilities, solid waste disposal, law enforcement and emergency services, schools, parks and recreation facilities, electrical facilities, and other public improvements such as streets, sidewalks, and street furnishings. The ORBP SP contains the provisions for the implementation and sequencing of the infrastructure and public facilities, commensurate with the level and sequence of Site development. The ORBP SP also contains the necessary financing strategies and tools for financing the required and necessary infrastructure improvements, including developer and project private financing mechanisms and payment of Public Facilities Development Impact Fees (PFDIF). Chapter 6 of the ORBP SP is intended to function as an equivalent to a Public Facilities Financing Plan (PFFP) for the future development of the Otay River Business Park. A PFFP is not warranted given that the Project does not have complex phasing, is an infill site, and does not create nor require significant off-site improvements whose funding and timing is in question in relation to the Project’s development sequence. Most of the improvements will be on-site to service the development, with off-site requirements being met via the payment of Development Impact Fees (DIFs), etc. Any on- and off-site requirements/timing are addressed via conditions of approval. The infrastructure and service needs, as well as funding are covered in Chapter 6 of the ORBP SP. In its current vacant and underutilized state, the Site does not generate any fiscal benefits to the City or the community. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructure improvements in andCity of Chula Vista Printed on 3/1/2018Page 8 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 295 File#:18-0047, Item#: 11. investment in the form of buildings and associated equipment and infrastructure improvements in and around the Site. In addition, the Project will generate jobs, and increase ongoing property tax and sales tax revenues. The ORBP SP is intended to implement the ILP zoning that has been on the site since the late 1980’s. The land use modifications via the ORBP SP are intended to introduce limited retail uses on the Main Street frontage, which will serve to activate the street. The introduction of a limited amount of retail represents a fiscal improvement, in and of itself, not enough to trigger a Fiscal Impact Analysis (FIA). Based on this, City staff has determined that the Project will have a positive fiscal impact, and a separate Fiscal Impact Analysis is not required. Plan Implementation and Administration Chapter 7 of the ORBP SP describes the implementation and administration strategies of the plan, including guidelines for specific plan administration, previously conforming uses, exemptions, site- specific variances, development exceptions, specific plan amendments, and specific plan review. All developments within the ORBP SP and Site that are not otherwise exempt would require submittal and approval of a Design Review Permit. Development projects would be required to comply with the land use and development regulations and the design guidelines identified in the ORBP SP. Any proposed development projects would also be required to adhere to the existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions. The ORBP SP provides that future changes should be made to the plan as the changing landscape of the Main Street District may impact the effectiveness of the implementing actions. Thus the ORBP SP authorizes the Development Services Director or his/her designee as responsible for making the determination of whether an amendment to the ORBP SP text or maps is needed based on specific criteria and procedures for said amendments. The Development Services Director shall consider and present the proposed amendment(s) to the Planning Commission and City Council for consideration and approval. Consideration of any proposed amendment to the ORBP SP shall require that the following findings be made: 1. Changes have occurred in the community since the approval of the original specific plan which warrants approving the proposed amendment; 2. The proposed amendment is consistent with the General Plan for the City of Chula Vista; 3. The proposed amendment will result in a benefit to the area within the specific plan; 4. The proposed amendment will not result in significant unmitigated impacts to adjacent properties; and 6. The proposed amendment will enable the delivery of services and public facilities to the population within the specific plan area. Consistency with the General Plan The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Main Street District and the objectives and policies to implement the vision.City of Chula Vista Printed on 3/1/2018Page 9 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 296 File#:18-0047, Item#: 11. outlines the vision for the Main Street District and the objectives and policies to implement the vision. The Main Street District is identified as one of five “Areas of Change,” which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. As indicated at the beginning of this report, the General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses, which provide new employment and recreational opportunities, that is improved with attractive buildings and street frontages, and that provides for the protection of adjacent residential areas and open spaces in the vicinity. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary source for policies, guidelines, and regulations that implement the community’s vision for the Site and the Main Street District. The ORBP SP is consistent with the General Plan because it envisions and contains all the necessary elements to implement the development of a high quality industrial business park that will enhance the opportunities for contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the Project. The implementation of the ORBP SP will bring new investment, plant and equipment, and infrastructure which will improve and enhance the Site and the Main Street Corridor. It will generate employment and tax revenue for the benefit of the community and the City. The ORBP SP, as proposed, is the tool for the implementation of the General Plan, and thus it is also consistent with State Law. Environmental Review As indicated previously, the Development Services Director has reviewed the proposed ORBP SP and TM for compliance with CEQA and has conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant impacts would occur; therefore, the Development Services Director has caused the preparation of a MND IS15- 0005/MPA15-0022 and MMRP. The MND contains an environmental analysis of the potential impacts associated with implementing the proposed ORBP SP. The analysis conducted determined that, although the proposed Project could have significant environmental impacts, there would not be any significant impacts in this case because several mitigation measures described in Section F of the MND, were added to the Project. Therefore, the preparation of an Environmental Impact Report was not required. The MND has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The areas identified by the analysis as potentially having significant environmental impacts were the following: Biological Resources; Hazards/Hazardous Materials; Noise; and Transportation/Traffic. The MND provides a summary of the environmental impacts that could result from implementation of the proposed ORBP SP and identifies feasible mitigation measures that could reduce or avoid environmental impacts. These mitigation measures are listed in the MND and in the MMRP. Implementation of these mitigation measures will avoid the impacts or mitigate the impacts to a pointCity of Chula Vista Printed on 3/1/2018Page 10 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 297 File#:18-0047, Item#: 11. Implementation of these mitigation measures will avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur. Implementation of these measures has been included as conditions of approval in the TM Resolution of the City Council. Comments on the Draft MND The public review period for the MND was from November 3, 2017 to December 4, 2017. Letters of comment were received on the Draft MND from the following agencies and individuals: California State Clearing House and Planning Unit California Department of Transportation California Department of Fish and Wildlife Native American Heritage Commission City of San Diego Park and Recreation Department San Diego County, Parks and Recreation Department The letters and responses are included in the Final MND and a table with the comments and responses is attached to this report as Attachment 3. All comments received concerning the MND have been fully addressed within the Final MND. CONCLUSION The preparation of the proposed ORBP SP represents an effort by the Applicant to implement the vision and objectives of the General Plan for the Site. The ORBP SP is intended to serve as an effective tool for the planning and revitalization of the Main Street District. The purpose of the ORBP SP is the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the Project. The ORBP SP proposes industrial and commercial lots served by new street connections to the existing street system. The ORBP SP incorporates an area for a future Community Park, as designated by the 2005 General Plan, and is situated adjacent to and above the Otay River Valley. The finished ORBP SP document represents the efforts of the Applicant and the City to improve private property and enhance and benefit adjacent neighborhoods. As proposed, the ORBP SP is consistent with and represents an effective tool for the implementation of the vision and objectives of the General Plan. Therefore, staff recommends that the City Council approve the MND and MMRP, approve the TM Resolution and adopt the Ordinance adopting the ORBP SP and related rezoning actions. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council Member, of any City of Chula Vista Printed on 3/1/2018Page 11 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 298 File#:18-0047, Item#: 11. other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The adoption of the Specific Plan and the implementation of the Tentative Map at the project level support all of the City’s major goals by providing a land use and regulatory document that will serve to promote and facilitate the implementation of a quality industrial/commercial business park. The SP establishes the land use, intensity, development regulations, design standards, and the TM will facilitate the development of the site and will ensure the provision of the primary infrastructure components that will support future development of the Project. Development of the site will bring investment which will create jobs and generate taxes; this will contribute toward the City’s operational excellence and create economic vitality. The SP incorporates an area for a future Community Park, as designated by the 2005 General Plan, and is situated adjacent to and above the Otay River Valley. Development of the future park by the City will provide the community with a needed recreational resource that will contribute to a healthy and connected community. Implementation of the SP and TM will improve the Main Street District as well as the western part of the City. CURRENT YEAR FISCAL IMPACT There is no current year or ongoing fiscal impact resulting from the processing of the actions contemplated in this report. All costs associated with processing the ORBP SP and TM are borne by the Applicant, resulting in no net fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPACT Implementation of the proposed Project will generate positive fiscal benefits for the community and the City. Currently the Site is vacant and underutilized and does not generate any fiscal benefits. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructural improvements in and around the Site. The proposed industrial business park and the introduction of a limited amount of retail will generate jobs, and increase property tax and sales tax revenues. Based on this, it has been determined that the Project will generate positive fiscal impacts in both the near and long term. ATTACHMENTS 1. Location Map 2. Land Use Matrix and Map with proposed Planning Areas 3. List of Comments/Responses on the MND 4. MND 5. MMRP 6. ORBP Specific Plan 7. Tentative Map Staff Contact Miguel Z. Tapia City of Chula Vista Printed on 3/1/2018Page 12 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 299 Attachment -4- CITY COUNCIL RESOLUTION NO. ____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING TENTATIVE MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK, SUBJECT TO THE CONDITIONS LISTED IN THIS RESOLUTION I. RECITALS WHEREAS, the area of land which is the subject of this Resolution is shown on Exhibit “A,” attached hereto and incorporated into this Resolution by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street Corridor which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for approval of a Specific Plan (MPA15-0022) that would allow the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for Tentative Map (TM) PCS16-0007 to subdivide the 53-acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the “Project”); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the Impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15- 0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and 2018-03-06 Agenda Packet Page 300 WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30-day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and pursuant to Section 15088, all comments received were responded to in writing; and WHEREAS, the Development Services Director set the time and place for a public hearing of the Planning Commission on the proposed ORBP SP, Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP; and WHEREAS, at said public hearing the Planning Commission recommended through a vote of 6-0-0 that the City Council adopt the resolution approving MND IS15-0005/MPA15- 0022, adopting the MMRP, and approve TM PCS16-0007; and WHEREAS, the Development Services Director set the time and place for a hearing of the City Council of the City of Chula Vista on the proposed ORBP SP, TM, MND and MMRP and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: II. ENVIRONMENTAL REVIEW 2018-03-06 Agenda Packet Page 301 That the City Council of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, hereby approves Final MND (15-0005) and to the extent that Final MND (15-0005) concludes that the proposed mitigation measures outlined in the MND are feasible and have not been modified, superseded or withdrawn, the City Council hereby binds the City of Chula Vista to cause the implementation of said mitigation measures and that the adopted mitigation measures contained within the MMRP, a copy of which is on file in the office of the City Clerk, be expressed as conditions of Project approval. III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN BE IT FURTHER RESOLVED, that pursuant to Chula Vista Municipal Code (CVMC) 19.09.050, the City Council hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived because the Project is infill development located in a developed portion of the City where adequate public facilities exist or will be provided concurrent with development of the Project Site, therefore there are no public service, facility or phasing needs that warrant the preparation of a Public Facilities Financing Plan. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. BE IT FURTHER RESOLVED that pursuant to Government Code Section 66473.5, the City Council hereby finds that the T M, as conditioned herein for the Project, is in conformance with the elements of the City’s General Plan, based on the following Findings and substantiating facts thereto: 1. Land Use and Circulation The TM proposes to consolidate and subdivide the 53-acre Site into 14 individual lots for the redevelopment of the Site with the Otay River Business Park project, which would include a variety of industrial and commercial uses, an open space area, and a neighborhood park. The proposed TM is consistent with the General Plan and the draft Otay River Business Park land use designations. It contains all the requisite land uses to implement the proposed Otay River Business Park project. The TM for the Site, which is located along Main Street within a fully urbanized area of the City, provides all of the infrastructure services, establishes developable parcels, public improvements and public facilities that will implement the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Project incorporates an area for a future Community Park, as designated by the 2005 General Plan in this area, and is situated adjacent to and above the Otay River Valley. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures associated with existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. The proposed TM and the Otay River Business Park will provide a new development pattern at this Site with business park uses and complementary amenities for the existing community. 2018-03-06 Agenda Packet Page 302 2. Economic Development The development of an industrial park with industrial and commercial components will provide a strong employment and tax base for the City. Approval of the TM and the Otay River Business Park will help achieve the General Plan objectives that seek to promote a variety of job opportunities to improve the City’s jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. The Project will contribute to the economic base of the City by facilitating the development of a new business park in the Main Street corridor that will accommodate light industrial and office uses, along with supportive commercial uses adjacent to Main Street to serve existing facilities and neighborhoods and provide employment opportunities. The business park uses will generate tax revenue for the City and provide job opportunities for residents, which will enhance the economy and benefit the community and the City. 3. Public Facilities and Services The Otay River Business Park area is in western Chula Vista, outside of the Planned Community (PC) Zone. In the western area of the City, the Chula Vista regulatory framework has been established to encourage and manage desirable development and redevelopment, given the unique development challenges faced in this area. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, both of which may require improvements or dedications; and through payment of Development Impact Fees. The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. Each of the facilities and improvements necessary for development of the Project is discussed below and the specific location and design for these improvements are shown on the TM. Streets Development of the Otay River Business Park will include construction of one new street and improvement of existing frontage streets adjacent to the specific plan area, to provide adequate circulation for vehicles, bicycles and pedestrians. Improvements will be made to Main Street, Fourth Avenue, Broadway, Seventh Avenue, Faivre Street, and the Alley that extends from Broadway to Seventh Avenue. Improvements to these streets will include all the elements for a “Complete Street” (a balanced, connected, safe, and convenient transportation network designed to serve all users regardless of their mode (via walking, biking, and transit, or driving cars or trucks)), including street dedication and widening as required; curbs, gutters (if and where missing), contiguous sidewalks, bicycle lanes, and landscaping improvements. All circulation and access improvements shall be constructed as part of the implementation of the TM. 2018-03-06 Agenda Packet Page 303 Water Facilities Water service is provided by the Sweetwater Authority. Existing water lines are located on Main Street, Fourth Avenue, and 7th Avenue to the Project Site. Additional water lines shall be provided for water, fire services and irrigation. A water supply, with new and replacement pipes sized for the Project buildout estimates, shall be developed along 7th Avenue, the Alley, and Faivre Street, connecting to the existing lines on Main Street and Fourth Avenue and creating a looped system. Stubs will be provided for future parcels or buildings. All new water facilities shall be constructed as part of the implementation of the TM. Sewer Facilities Sewer service is provided by the City of Chula Vista. Existing sewer mains are adjacent to the Site on Main Street, and located throughout the Site in an existing City of Chula Vista easement. Based on the sewer study prepared for the Project, the existing lines have adequate capacity for the proposed land uses. New onsite sewer lines shall be provided in 7th Avenue to connect future parcels with these existing facilities. An existing sewer main easement on the Site for the City of San Diego shall be maintained, with an addition to the easement per the associated TM. All new sewer facilities shall be constructed as part of the implementation of the TM. Schools The City of Chula Vista is served by the Chula Vista Elementary School District and the Sweetwater Union High School District. Since no residential zones are included as part of the Project, there is no potential for the development of housing thus affecting the demand for school facilities within Chula Vista. Libraries Library services are provided by the City of Chula Vista. No residences are added as part of the Project that would increase population to affect the public library system of Chula Vista. Parks and Recreation The Site is not subject to the Growth Management Oversight Commission parks and recreation threshold as it is not a residential project. However, the General Plan and the Otay Valley Regional Park (OVRP) Concept Plan, which the Site is within, identify a potential future park site within the vicinity of the Site. The ORBP SP and the TM land uses designate approximately 13.9 acres as undeveloped land available for purchase by the City of Chula Vista for development of and use as a community park. 2018-03-06 Agenda Packet Page 304 4. Housing The 2005 General Plan and the proposed ORBP SP designate the Site for the development of industrial/commercial uses. The General Plan, ORBP SP or TM do not include the development of residential uses on the Site. The subject Site is suitable for development of industrial and commercial uses in compliance with the General Plan and ORBP SP. The proposed TM subdivides the Site into 12 lots for industrial and commercial development; one lot (Lot A) for a future park; and one lot (Lot B) to be left as open space. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because it is an infill project that will be served by existing public infrastructure. There are no public services, facilities, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. All infrastructure improvements shall be constructed as part of the implementation of the TM. 6. Environmental The MND and the MMRP prepared for the Project addressed the goals and policies of the Environmental Element of the General Plan and found development of the Site to be consistent with these goals and policies. As discussed herein, implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the Site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the Site will be subject to Design and Architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council finds that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the City Council finds as follows: a. The TM is consistent with applicable general and specific plans as specified in Section 65451. The TM proposes to subdivide the 53-acre Site into twelve lots that will be developed with industrial and commercial uses and one lot which will be 2018-03-06 Agenda Packet Page 305 developed with a park and one lot which will remain designated as open space. The ORBP SP establishes the regulations and standards, as well as design guidelines, for the future development of the Site. The TM incorporates the regulations and standards of the ORBP SP. b. The design of the TM has been reviewed by City staff and has been found to be consistent with applicable objectives and policies of General Plan and the ORBP SP. The TM for the Site, which is located along Main Street within a fully urbanized area of the City, has been designed to establish the developable parcels, contain all of the infrastructure services, public improvements and public facilities that will implement the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Project incorporates an area for a future Community Park, as designated by the 2005 General Plan in this area. The future development of the Site will be required to go through the City’s conceptual review and building permit processes, and will be required to comply with the permitted uses and development standards of the ORBP SP, as well as the requirements of the California Building and Fire Codes. c. The TM Site is physically suitable for the proposed industrial and commercial development as permitted by the ORBP SP as well as the proposed density of development. The Site is located along the Main Street corridor, which is an urbanized area with industrial, commercial, and residential uses, as well as the Otay River and the OVRP. d. The Site is well located and is conducive to the development of industrial and commercial uses which will improve this area of the Main Street District, generate employment and enhance the tax base for the benefit of the community. The future Industrial and commercial development will be designed to be compatible with the surrounding community and open spaces. It will also be required to meet the ORBP SP’s regulations related to building height, bulk and mass, as well as setbacks. e. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The TM as well as the ORBP SP have been reviewed for compliance with CEQA and it has been determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the City Council approved MND IS15-0005/MPA15-0022 and MMRP. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the proposed subdivision has been designed to accommodate quality industrial/commercial development with all the necessary infrastructure. The TM and future development will enhance the interface in this 2018-03-06 Agenda Packet Page 306 location through designation of land for a future community park, protection of the floodway as open space, and sensitive stormwater management and landscaping to enhance the river interface. The development will also implement the design program of the Main Street Streetscape Master Plan which will enhance the character of this corridor and neighborhood. The mix of industrial and commercial uses and future park along with protection of floodway areas of the Otay River will contribute to a healthy community by protecting resources and providing balanced, connected and sustainable land uses. g. The TM and future improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve TM PCS16-0007 for the Otay River Business Park, subject to the conditions set forth below. V. TENTATIVE MAP CONDITIONS OF APPROVAL DEVELOPMENT PLANNING CONDITIONS 1. The Applicant and/or his/her successors in interest shall subdivide and improve the Site as described in the proposed ORBP SP MPA15-0022 and T M PCS16-0007 for the Otay River Business Park, subject to the conditions listed herein. 2. The conditions imposed on this TM are approximately proportional both to the nature and extent of impact created by the proposed Project. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant, Owner or Successor-in-Interest to the Director of Development Services, or designee’s satisfaction prior to approval of the Final Map, unless otherwise specified. 3. The Project shall comply with the City of Chula Vista Standard Tentative Map Conditions, described in Section 5 of the City Subdivision Manual, as approved and amended from time to time, to the satisfaction of the Director of Development Services and City Engineer, or designees. 4. The Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1724. 5. Prior to the issuance of any Grading Permits for the Site, the Applicant and/or hers/his successors shall prepare a Soil Management Plan for review and approval by County of San Diego Department of Environmental Health (DEH) as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the Project Site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. 6. The Applicant, or his/her successors in interest, shall ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. 2018-03-06 Agenda Packet Page 307 7. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, or designees, the mitigation measures identified in the MND IS15- 0005/MPA15-0022 and MMRP within the timeframe specified in the MMRP. 8. The Applicant shall establish a funding mechanism for the perpetual maintenance and life cycle costs for the Project (including but not limited to: landscaping within the right of way; open space areas; Best Management Practice’s (BMP’s)) to the satisfaction of the City Engineer, or designee. If the Applicant chooses a Business Owner’s Association, the Applicant shall be required to enter into a “Grant of Easement and Maintenance Agreement” with the City of Chula Vista for all publically owned areas maintained by the association prior to the approval of any Final Map. 9. The Applicant shall establish a funding mechanism for perpetual maintenance of the Project including open spaces. The Applicant shall enter into a Grant of Easement and Maintenance Agreement. The table below lists standard long-term management tasks that are required for the open space areas and shall be included in the Maintenance Agreement: 10. Prior to the issuance of any Grading/Development Permits for the Site, the Applicant shall obtain Agency consultation and permitting from the United States Army Corps of Engineers (USACE) (404 nationwide permit) and Regional Water Quality Control Board (RWQCB) (401 certification). 2018-03-06 Agenda Packet Page 308 11. The Final Map shall show all the avoided wetlands, which shall be placed within an open space easement in Lots A and B. 12. The Site contains wetlands, a lake, a stream, and/or waters of the U.S. which may be subject to regulation by State and/or federal agencies, including, but not limited to, the RWQCB, USACE and the California Department of Fish and Wildlife (CDF&W). The Applicant shall consult with each agency to determine if a permit, agreement or other approval is required and to obtain all necessary permits, agreements or approvals before commencing any activity which could impact the wetlands, lake, stream, and/or waters of the U.S. on the Site. The agency contact information is provided below: U.S. Army Corps of Engineers: 5900 La Pl Ct, Carlsbad, CA 92008; (760) 602-4829; http://www.usace.army.mil/ Regional Water Quality Control Board: 2375 Northside Dr, San Diego, CA 92108; (619) 516-1990; http://www.waterboards.ca.gov/sandiego/ California Department of Fish and Wildlife: 3883 Ruffin Rd, San Diego, CA 92123; (858) 467-4201; http://www.dfg.ca.gov/ 13. Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a Clean Water Act, Section 401/404 permit issued by the RWQCB and the USACE for all project related disturbances of waters of the U.S. and/or associated wetlands shall be obtained, or provide evidence from the respective resource agency satisfactory to the Development Services Director, or designee, that such permit is not required. 14. The Final Map shall include an exhibit delineating the open space and improvements to be maintained by the Applicant, Business Association or other entity, including the common open space areas, landscaping, and bio-retention areas, to the satisfaction of the Director of Development Services and City Engineer, or designees. 15. Prior to Final Map approval and prior to the issuance of any permits by the City, the Applicant shall obtain approval of the Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) subject to compliance with the Endangered Species Act (ESA). 16. As a gesture of appreciation of the Strawberry Field's history as part of Chula Vista's historical agricultural fabric, the Design Review Permit and/or Sign Permit plans for the Site shall include a pedestal or monument marker on either side of the business park monument signs within the Site. Applicant shall consult with the City’s historic preservation staff for appropriate historical statement on said pedestal or monument marker. 17. The Design Review Permit and/or Sign Permit plans for the Site shall include the installation of a directional marker for the OVRP Trail at the project boundary along Fourth Avenue near the southwest corner intersection of Main Street. 18.Prior to the issuance of any Building Permit, the Applicant shall obtain approval of a Design Review Permit pursuant to the ORBP SP, Chula Vista Municipal Code, Design Manual, and Landscape Manual, and any other applicable regulations. 19.Landscape plans shall provide a minimum of 6’ wide landscape parkways on all streets to better support street trees and reduce the potential for infrastructure damage. 2018-03-06 Agenda Packet Page 309 20.All the proposed and required landscaping shall conform to the City’s Landscape Water Conservation Ordinance (CVMC 20.12). 21.Landscape plans shall consider tree types for suitability as street trees especially as low branching relates to on-street parking and adjacency to sidewalks and thorns on creating a potential hazard along sidewalks. 22.The landscape concept shall follow and comply with the City’s Shade Tree Policy. 23.The Applicant shall comply with all Fire Department requirement and conditions related to number and location of fire hydrants and requirements related to actual fire flow demand will be determined by the construction type and square footage of the largest building on a lot in accordance with CA Fire Code appendix B. LAND DEVELOPMENT DIVISION CONDITIONS 24.The Applicant shall comply with all applicable conditions of the City’s Standard Conditions of Approval per Section 5-300 Standardized Tentative Map Conditions of the Subdivision Manual. 25.The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private biological open space, biofiltration basins, and all BMP’s facilities located within the Project prior to the issuance of any Grading or Building Permits, whichever occurs first. 26.The associated Grading Plan for the Project shall not include any work at all in the floodway and shall not show the Final Pad or Finish Floor elevations of any structures within the floodplain. Please note that FEMA will not approve the CLOMR until the Applicant demonstrates compliance with the ESA. The Applicant shall comply with the requirements set forth in Standard Condition of Approval No. 19 of Section 5-300 Standardized Tentative Map Conditions of the Subdivision Manual. 27.The Improvement Plans for this Project shall include repair and resurface of the entire public alley between Broadway and 7th Avenue with uniform resurfacing materials designed to withstand H-20 loading to be approved by the City Engineer, or designee. The completion of the repairing and resurfacing of the alley shall be completed or bonded to the satisfaction of the City Engineer, or designee, prior to the approval of any Final Map. 28. Prior to the approval of any Final Map the Applicant shall coordinate and cause the execution of a Joint Use Agreement between the City of San Diego and City of Chula Vista for the revised alignment and co-location of the existing City of San Diego 27” sewer trunk and its associated easements along Faivre Street. 29.The Applicant shall be required to pay Land Development Fees based on the final approved Building Plans for the Project, as follows: a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) 2018-03-06 Agenda Packet Page 310 e. Other Engineering Fees as applicable per attached Master Fee Schedule. 30. All driveways shall be designated as private and shall conform to the City of Chula Vista’s sight distance requirements in accordance with Municipal Code Sections 12.12.130, and City of Chula Vista Sight Design Standard CVD-TR07B. Landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 31. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 32. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street rights of way, City easements or City-owned Open Space Lots will require an encroachment permit. 33. Prior to approval of the Grading Plans, the Applicant shall clearly identify the limits of the 100 year flood plain boundaries of the drainage way located within the Site. 34. The Applicant shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post-construction phases of the Project. Prior to any Grading Permit approval, documentation shall be provided, to the satisfaction of the City Engineer, or designee, demonstration of such compliance. 35. The Applicant shall enter into an agreement prior to approval of any Final Map to secure all Public Improvements required for the development of the Project. 36. Prior to the approval of any Building Permit, the Applicant shall submit duplicate copies of all commercial, industrial projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City’s Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drains on the Site. 37. Prior to approval of any Building Permit, the Applicant shall submit a Construction Landscape Plan for the review and approval by the City’s Landscape Architect. VI. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 2018-03-06 Agenda Packet Page 311 VII. INDEMNITY PROVISION The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval of the Project (including all environmental review) and (b) City’s approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to record this document shall indicate the Property Owner and Applicant’s desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk’s Office and known as Document No. 2016- XXX. ________________________________________________ Signature of Applicant:Date: ________________________________ Printed Name of Applicant ________________________________ _________________ Signature of Property Owner:Date: ________________________________ Printed Name of Applicant 2018-03-06 Agenda Packet Page 312 IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby approve MND IS15- 0005/MPA15-0022 and adopt the MMRP and approve TM PCS16-0007 subject to the Findings contained herein and subject to the Conditions of Approval incorporated herein and on file in the Office of the City Clerk. Exhibit “A” – Location Map Presented by:Approved as to form by: ________________________________________________ Kelly Broughton, FLSA Glen R. Googins Director of Development Services City Attorney 2018-03-06 Agenda Packet Page 313 ORDINANCE NO. ____ ORDINANCE OF THE CITY OF CHULA VISTA CONSIDERING PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS15- 0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK FOR THE PURPOSE OF ALLOWING SUBDIVISION AND REDEVELOPMENT OF THE PROPERTY WITH AN INDUSTRIAL/COMMERCIAL BUSINESS PARK I. Recitals. A. Specific Plan Boundaries WHEREAS, the area of land which is the subject of this Ordinance is shown on Exhibit “A,” attached hereto and incorporated into this Ordinance by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street District which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for Specific Plan MPA15-0022 that would allow the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for Tentative Map (TM) PCS16-0007 to subdivide the 53-acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the “Project”); and B. Preparation of the Specific Plan WHEREAS, on December 13, 2005 an update to the City’s General Plan was approved which provides a contemporary vision for the Main Street District as one of five “Areas of Change” within Southwest Chula Vista. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial 2018-03-06 Agenda Packet Page 314 uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses; and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the adoption of a specific plan or other zoning regulations to implement the land uses to provide for and enhance a strong business district along Main Street that can be balanced between meeting the community's economic needs and establishing a strong open space connection with the nearby neighborhoods; and WHEREAS, City staff and the Applicant determined that, given the characteristics and conditions of the Site, its current zoning limitations and the characteristics and requirements of the proposed Project, the best tool to implement the General Plan vision and goals would be the preparation and adoption of a specific plan for the Site; and WHEREAS, the ORBP SP will serve as the tool to direct and guide the development of the Main Street District toward the General Plan visions and goals by directly regulating land uses and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City’s General Plan is established in Chula Vista Municipal Code (CVMC) Chapter 19.06 and California Government Code 65860; and WHEREAS, the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters 4, 5 and 6 of the ORBP SP contain the Land Use and Development Regulations, Design Guidelines, and Infrastructure and Public Facilities, respectively, and provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and C. Preparation of Environmental Document WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has 2018-03-06 Agenda Packet Page 315 conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30-day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the Draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and 15088, all comments received were responded to in writing; and D. Planning Commission Record WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed ORBP SP and Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP; and WHEREAS, at said public hearing the Planning Commission recommended through a vote of 6-0-0 that the City Council approve the MND and adopt the associated MMRP, and adopt ORBP SP; and E. City Council Record WHEREAS, the Development Services Director set the time and place for a hearing of the City Council of the City of Chula Vista on the proposed ORBP SP and 2018-03-06 Agenda Packet Page 316 Draft MND and associated MMRP and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the Draft ORBP SP and MND and associated MMRP. NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: F. Environmental Determination That the City Council of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, hereby considered previously approved Final MND (15-0005) and the accompanying MMRP. BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: 1. That the ORBP SP is in conformance with the City’s 2005 General Plan based on the following: The proposed ORBP SP is in conformance with and implements the 2005 General Plan. The ORBP SP is based on the vision and objectives of the General Plan for the Main Street Corridor. The General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Main Street Corridor and objectives and policies to implement the vision. The Main Street Corridor is identified as one of five “Areas of Change,” which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary 2018-03-06 Agenda Packet Page 317 source for policies, guidelines, and regulations that implement the community’s vision for the Otay River Business Park. Based on the above the City Council does hereby find that the proposed ORBP SP is consistent with the 2005 General Plan and that the public necessity conveniences general welfare and good planning and zoning practice support its approval and implementation. 2. That the ORBP SP has been prepared in accordance with the CVMC and the California Government Code provision governing specific plans based on the following findings of fact. Chula Vista Municipal Code Chapter 19.07 (Specific Plans) and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, specific plans may be implemented through the adoption of standard zoning ordinances and the planned community zone as provided in this title or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. The ORBP SP is being adopted by this Ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the ORBP SP boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. The ORBP SP has been prepared as an implementing document for future land uses, public improvements and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the ORBP SP (see Exhibit “B” of this Ordinance) would replace existing CVMC zoning classifications for the Site and introduce a variety of commercial uses which would be permitted along Main Street consistent with the 2005 General Plan. The City Council does hereby find that the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07 Specific Plans and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. 3. That the associated demands on public facilities and services due to development allowed by the ORBP SP are identified prior to development and will be mitigated prior to or concurrent with the development and in conformance with the City s Growth Management Ordinance CVMC 19.09, as applicable. 2018-03-06 Agenda Packet Page 318 4. That a financing program has been prepared which identifies the methods for funding for those facilities and services and insures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact: The General Plan was updated in December 2005 and created a new vision for the City. A large part of that vision focused on the revitalization and redevelopment of western Chula Vista. New growth is planned around smart growth principles such as industrial/commercial business parks that concentrate infill and redevelopment to select focus areas and corridors to protect stable single family neighborhoods, better utilize land resources, reduce environmental impacts and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the General Plan in an organized and orderly fashion. The ORBP SP implements the policies and objectives of the General Plan to direct a portion of the industrial growth expected to occur in the City over the next few years to the Main Street Corridor by providing zone changes, development regulations and design guidelines to accommodate future growth. The ORBP SP includes an assessment of the proposed distribution location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the ORBP SP and the TM for the Site includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan. Specifically, Chapters 4, 5, and 6 of the ORBP SP and the MND, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the ORBP SP, TM and MND, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact The City Council having reviewed and considered the information in the Public Hearing Draft ORBP SP, TM PCS16-0007, MND IS15-0005/MPA15-0022 and associated MMRP, and all reports evidence and testimony presented at the Public Hearing hereby finds and determines that ORBP SP Chapters 4, 5, and 6, TM PCS15-0007, MND IS15- 0005/MPA15-0022, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development and is in conformance with the City’s Growth Management Ordinance (CVMC 19.09). BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby order as follows: The City Council does hereby approve the ORBP SP and amend the City of Chula Vista Zoning Map established by Section 19.18.010 of the CVMC to rezone properties within the ORBP SP as depicted in Exhibit “B.” (Areas outside of the boundaries of Exhibit “B” would not be rezoned as part of this action.) II. Severability 2018-03-06 Agenda Packet Page 319 The City Council declares that should any provision section paragraph sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation the remaining provisions sections paragraphs sentences or words of this Ordinance shall remain in full force and effect. III. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by:Approved as to form by: ________________________________________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney Exhibits to this Resolution: Exhibit “A” – Location Map Exhibit “B” – Planning Area Map 2018-03-06 Agenda Packet Page 320 BROADWAYBEYER WYFOURTH AVMAIN ST FRESNO AVANITA ST THIRD AVDEL MONTE AVCITY OF CHULA VISTA CITY OF SAN DIEGO MONTGOMERY ELEMENTARY SCHOOL PRO JEC TLOCATION LOCATOR NORTH MPA15-0022 j:\planning\public notices\dr\mpa150022 8x10.ai SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS:SWC of Main St & Fourth Av Related cases: IS-15-0005 No Scale MPA15-0022 PROJECT APPLICANT:LOCATOR NORTH MAJOR PLANNING APPLICATIONOtay River Business ParkSpecific Plan Project Summary: Proposal for mass grading plan. Associated infrastructure (new roads, utilities, and improvements) are included, but structures are not proposed at this time. CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT 2018-03-06 Agenda Packet Page 321 2018-03-06 Agenda Packet Page 322 2018-03-06 Agenda Packet Page 323 2018-03-06 Agenda Packet Page 324 2018-03-06 Agenda Packet Page 325 2018-03-06 Agenda Packet Page 326 2018-03-06 Agenda Packet Page 327 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Response to Letters of Comment – Page 1 Mitigated Negative Declaration December 2017 OTAY RIVER BUSINESS PARK PROJECT MITIGATED NEGATIVE DECLARATION COMMENT LETTERS The following comment letters were received from agencies, organizations, and individuals during the public review of the Mitigated Negative Declaration. A copy of each comment letter along with corresponding staff responses has been included. In accordance with CEQA Guidelines Section 15204(b), review of a [mitigated] negative declaration should focus on the proposed finding that the project will not have a significant effect on the environment. According to Section 15204(b), if persons and public agencies believe that the project may have a significant effect, they should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant. Many of the comments received during public review of the Otay River Business Park Mitigated Negative Declaration did not address the adequacy and/or sufficiency of the environmental document; however, staff endeavored to provide responses as appropriate as a courtesy to the commenters. Where letters of comment have resulted in revisions to the October 2017 MND, those changes are indicated in the Final MND in strike-out/underline format (where omitted text is shown as stricken and added text is shown as underlined). Revisions that have been made to the Final MND do not affect the conclusions contained in the MND or the adequacy of the environmental document. Letter Author Address Date Representing Page Number of Letter STATE AGENCIES A Scott Morgan Director, State Clearinghouse State of California Governor’s Office of Planning and Research State Clearinghouse and Planning Unit 1400 Tenth Street/P.O. Box 3044 Sacramento, CA 95812-3044 December 5, 2017 State of California Governor’s Office of Planning and Research State Clearinghouse and Planning Unit 3 B Gail K. Sevrens Environmental Program Manager State of California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, CA 92123 December 4, 2017 State of California Department of Fish and Wildlife 5 C Gayle Totton Associate Governmental Project Analyst State of California Native American Heritage Commission 1550 Harbor Boulevard West Sacramento, CA 95961 November 14, 2017 State of California Native American Heritage Commission 7 2018-03-06 Agenda Packet Page 328 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Response to Letters of Comment – Page 2 Mitigated Negative Declaration December 2017 Letter Author Address Date Representing Page Number of Letter LOCAL AGENCIES D Keri Robinson Acting Branch Chief Development Review Branch State of California Department of Transportation District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 December 6, 2017 State of California Department of Transportation 12 E Melanie Tylke Land Use & Environmental Planner III County of San Diego, Parks and Recreation 5500 Overland Ave., Ste. 410 San Diego, CA 92123 December 4, 2017 San Diego County Department of Parks and Recreation 14 F Laura Ball City of San Diego Open Space Division 202 C Street San Diego, CA 92101 December 4, 2017 City of San Diego Park and Recreation Department 15 2018-03-06 Agenda Packet Page 329 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 3 Mitigated Negative Declaration December 2017 COMMENT RESPONSE A-1 A-1 This letter acknowledges compliance with the State Clearinghouse review requirements for draft environmental documents. 2018-03-06 Agenda Packet Page 330 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 4 Mitigated Negative Declaration December 2017 COMMENT RESPONSE A-1, cont. 2018-03-06 Agenda Packet Page 331 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 5 Mitigated Negative Declaration December 2017 COMMENT RESPONSE B-1 B-1 This comment summarizes the California Department of Fish and Wildlife’s (CDFW) mandate and legal responsibilities in administering the Natural Communities Conservation Program and the CDFW’s issuance of their permit for the City’s MSCP Subarea Plan. This comment also generally summarizes the proposed project and biological resources located on the project site, as presented in the MND and Initial Study prepared for the project. 2018-03-06 Agenda Packet Page 332 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 6 Mitigated Negative Declaration December 2017 COMMENT RESPONSE B-2 B-3 B-4 B-2 The Biological Resources Section Issue C of the Initial Study Checklist has been revised to include Jurisdictional and City Wetland impacts and mitigation mentioned in Issue B. This revision is now consistent with the project description, impact analysis, and mitigation described in the MND. B-3 The proposed project development site does not include any changes, modifications or construction of the trail system. The future park is anticipated to add trail connections to the existing off-site trail system within the OVRP, but the future park trail access points have not yet been located. Per the Specific Plan associated with this project, configuration of such trails should follow the OVRP Design Standards and Guidelines, and could include such measures like fencing, if it is deemed necessary when the park is designed. However, project does not propose any new trails. Therefore, no edge effects beyond those evaluated in the MND and Initial study would occur. B-4 Comment noted. CDFW is included on the list of agencies to receive environmental documents prepared by the City of Chula Vista. 2018-03-06 Agenda Packet Page 333 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 7 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-1 C-2 C-3 C-1 A separate section for Tribal Cultural Resources was added to the Initial Study Checklist pursuant to the Final Text for tribal cultural resources updated Appendix G: Environmental Checklist Form. This new section addresses these question, as well as consultation and outreach by the City of Chula Vista, and summarize information presented in Section VI of the Initial Study that no archeological resources have been identified within the project area. C-2 As stated in the CEQA Initial Study and based on records search and the pedestrian survey, no archeological resources have been identified within the project area. The project site is not designated or listed, either individually or as part of a district, on a local, state, or national historical sites register. The approximately four-acre agricultural fields in the northern half of the project area, identified as 1720 Fourth Avenue, were previously evaluated for California Register of Historical Resources (CRHR) eligibility as a cultural landscape and recommended not eligible for the CRHR and not a historical resource for the purposes of CEQA. No historical resources would be impacted in that portion of the project area. However, if human remains and/or artifacts are found during project grading, the City and applicant will follow all State requirements relative to tribal cultural resources. C-3 Comment noted. See also response C-2. The project would not cause a substantial adverse effect to tribal cultural resources, as there are no recorded sites listed or sites eligible for listing in the California Register of Historical Resource, or in a local register of historical resources as defined by Public Resources Code Section 5020.1(k). The City of Chula Vista sent out a tribal consultation notice on February 16, 2016 and did not receive a response. No impact would result. 2018-03-06 Agenda Packet Page 334 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 8 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-3 (cont) 2018-03-06 Agenda Packet Page 335 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 9 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 C-4 Comment noted. 2018-03-06 Agenda Packet Page 336 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 10 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 (cont) 2018-03-06 Agenda Packet Page 337 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 11 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 (cont) 2018-03-06 Agenda Packet Page 338 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 12 Mitigated Negative Declaration December 2017 COMMENT RESPONSE D-1 D-2 D-3 D-1 Comment noted. D-2 The applicant is fully mitigating the cumulative impact through payment to the city of Chula Vista Western Transportation Development Impact Fee (WTDIF) program. Any coordination between Caltrans and the City on the WTDIF improvement project “Facility I-805-2” is outside the preview of the applicant. D-3 Comment noted. 2018-03-06 Agenda Packet Page 339 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 13 Mitigated Negative Declaration December 2017 COMMENT RESPONSE D-3 (cont) 2018-03-06 Agenda Packet Page 340 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 14 Mitigated Negative Declaration December 2017 COMMENT RESPONSE E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-1 Comment noted. The MND has been revised to accurately reference Otay Valley Regional Park in all instances. E-2 The Initial Study and MND have been revised to reflect that the entire project site is located within the OVRP. E-3 Comment noted. Comments from the County and City of San Diego have been received and addressed in this Response to Comments. E-4 The description for Area 5 has been revised to include the addition of an access road and pedestrian bridge. E-5 The MND and Initial Study evaluated a preliminary concept for the community park available at the time the environmental document was prepared. Once a final concept is developed for the park, City staff will evaluate that concept and determine if the MND/Initial Study adequately reviewed the potential environmental impacts or if there is the need for additional environmental review. Because park concepts are still in their developmental stage and a final design for the park is not yet ready for approval, there is no benefit in modifying the MND/Initial Study each time the preliminary park concept is modified and/or update. E-6 The MMRP was revised to include the method of verification, timing and the responsible party for Mitigation Measure 9. E-7 Comment noted. Comments submitted by the City of San Diego in the mentioned letter have been received and are addressed below. 2018-03-06 Agenda Packet Page 341 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 15 Mitigated Negative Declaration December 2017 COMMENT RESPONSE F-1 F-1 The requested figure is provided on the following page. 2018-03-06 Agenda Packet Page 342 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 16 Mitigated Negative Declaration December 2017 2018-03-06 Agenda Packet Page 343 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 17 Mitigated Negative Declaration December 2017 F-2 F-3 F-4 F-5 F-6 F-7 F-8 F-2 Comment noted. F-3 Section C of the MND has been revised to state the entire project site is within the boundary of the OVRP. F-4 Section C of the MND has been revised to state that the project and the design of the future Community Park would utilize the OVRP Design Standards and Guidelines. F-5 Figure 5, Otay Valley Regional Park, has been added to the MND, showing the project’s relationship to the Park. F-6 See response E-5, above. F-7 No brush management is anticipated to be necessary for the project beyond the project site. The design includes industrial development pads above the floodway, with a permanently irrigated slope of minimum 50 feet between the pads and the floodway. There is an additional approximately 100 feet to the City of Chula Vista boundary and at least 200 feet to the existing Otay River vegetation within the City of San Diego. In project site areas where there is existing vegetation (southwest corner), the project’s proposed storm water basins would ensure that all habitable structures are further than 100 feet away. The preliminary design for the future community park does not show any habitable structures within 100 feet of existing natural vegetation. Final plans of the park design would be reviewed in accordance with Chula Vista brush management regulations. F-8 Comment noted. The OVRP’s Citizen Advisory Committee has been added on the list of agencies to receive environmental documents prepared by the City of Chula Vista. 2018-03-06 Agenda Packet Page 344 1 Mitigated Negative Declaration PROJECT NAME: Otay River Business Park Specific Plan PROJECT LOCATION: Main Street and Fourth Avenue Chula Vista, CA 91911 ASSESSOR’S PARCEL NO.: APN 629-030-04, 629-030-05, 629-040-09, 629-040-10, 629-040-12, 629-040-16, 629-040-20, 629-040-23, 629- 040-24, 629-040-27, 629-050-05, 629-061-01 PROJECT APPLICANT: Sudberry Properties, Inc. CASE NO.: IS15-0005/MPA15-0022 DATE OF DRAFT DOCUMENT: October 26, 2017 DATE OF FINAL DOCUMENT: January 8, 2018 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A. Project Setting The 52.87-acre project site is located just north of the existing City of Chula Vista boundary in southern San Diego County and consists of multiple contiguous parcels. The project site is situated within the City’s Southwest Planning Area along the north side of the Otay River, east of Interstate 5 (I-5) and west of Interstate 805 (I-805). The project site is also located within the boundaries of the Otay Valley Regional Park (OVRP). It is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor and the Otay River Valley open space to the south. The project area is bordered on the north by Main Street, on the west by Broadway/Beyer Boulevard, on the east by Fourth Avenue/Beyer Way, with the Otay River along the southern boundary. The project site’s former uses have included both mining/industrial uses and agricultural uses. Approximately one-third of the property, in the area immediately south of Main Street on the eastern portion, is characterized by former agricultural row-crop fields. The majority of the project site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, and various structures associated with the previous heavy industrial uses, former concrete batch operations, and former agricultural field activities. The project site is zoned as Limited Industrial with a Precise Plan Overlay (ILP) and designated as Limited Industrial by the General Plan, with a designation for a future Community Park in the vicinity of this property. Land use within the Otay River is designated Open Space. 2018-03-06 Agenda Packet Page 345 2 The Otay River Business Park Specific Plan (Specific Plan) project includes an area set aside for a park site, which is adjacent within to the Otay Valley River Regional Park (OVRP) boundaries. The Specific Plan area is also adjacent to a parcel to the south located in the City of San Diego zoned Open Space Floodplain. The southern portion of the Specific Plan area directly adjacent to the City boundary is a planning area designated as a floodway, with limited open space uses allowed per Chula Vista Municipal Code. B. Project Description The Otay River Business Park Specific Plan project proposes business park uses and retail services to serve the existing community and proposes a Specific Plan to allow development of a high quality industrial business park with ancillary support commercial services. The proposed Specific Plan establishes the land use, intensity, development regulations, design standards, and primary infrastructure components to support future development of the project. The Specific Plan proposes industrial and commercial lots served by new street connections to the existing street system and an area for a future Community Park, as designated by the City of Chula Vista, in the area situated adjacent to and above the Otay River Valley. Planning Area 1 (Commercial) – Situated adjacent to Main Street, between Fourth Avenue and Seventh Avenue at the north edge of the Specific Plan area. Allowed uses under the commercial designation include general industry; light industry and research; services (except for major automobile repair centers, commercial recreation facilities, social organizations and hotel uses; commercial retail; and food services. Planning Area 2 (Transitional Limited Commercial/Business Park) – Area of property south of Planning Area 1 and north of Faivre Street between Fourth Avenue and Seventh Avenue, and lots adjacent to Broadway to the south of Faivre Street. Allowed uses in the transitional area include general industry; light industry and research; services (except for personal care services, commercial recreation, social organizations or hotel uses); commercial retail; and some food services. Planning Area 3 (Business Park) – Remainder of lots to be developed within the project site excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of Seventh Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. Allowed uses in the business park include general industry; light industry; services associated with medical laboratories, veterinary offices or animal hospitals, business offices, copy services, major automobile and repair centers; commercial retail including plant nurseries, and building material sales and equipment rental; and food services in the form of an accessory tasting room. Planning Area 4 (Floodway and Habitat Area) – Located along the southern boundary of the Specific Plan Area. The floodway and habitat area are designated as open space and general grading and development are not permitted within the floodway, except as allowed in CVMC 19.50.040 and subject to all regulations by FEMA and in CVMP 19.50 and 14.18. 2018-03-06 Agenda Packet Page 346 3 Planning Area 5 (Park Site) – Situated in the eastern portion of the Specific Plan Area, from Fourth Avenue south to Specific Plan boundary. Land uses within the park site are restricted to public park with related structures. This Planning Area is designated as open space and is subject to the provisions of CVMC 19.50 Flood Zone Regulations. As stated above, Planning Area 5 is designated as undeveloped land available for use as a community park. Figure 3, Preliminary Park Graphic, shows preliminary park uses that include three multi-purpose fields with lighting, two tennis courts with lighting, two basketball courts with lighting, ten picnic tables, two play areas with play equipment, restrooms/maintenance building, dog park, and open lawn areas. Support facilities for the park would include paved walkways with lighting, trail linkages to Otay River Valley Regional Park, parking lot, and ten bicycle racks. Access through the park would also be supported by an access road, with entrances off 4th Avenue and Street A and a pedestrian bridge over the existing drainage channel. C. Compliance with Zoning and Plans The Otay River Business Park Specific Plan area is regulated by the City of Chula Vista land use and zoning standards. The project site is within the ILP zone and is designated in the General Plan as Limited Industrial, with a designation for a future Community Park in the vicinity of this property. The Precise Plan Overlay of the Limited Industrial zone allows for certain industrial uses but limits others that create a greater nuisance or impact on nearby residents and businesses. Land use within the Otay River portion of the project site is designated Open Space in the Chula Vista General Plan. The park area of the Specific Plan is adjacent to the OVRP and park design would utilize the OVRP Design Standards and Guidelines. The project site is located within the OVRP boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego. The OVRP area extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area, and encompasses approximately 9,000 acres. The OVRP Concept Plan and Design Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. These documents provide direction related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The Otay River Business Park Specific Plan was prepared using the guidelines for the OVRP and incorporates the guidelines for private development in the developed portion of the site, and the design standards for the future park area and the portions of the developed site that face the future park and the Otay River Valley. D. Public Comments On February 28, 2017, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended March 13, 2017. No comments were received. 2018-03-06 Agenda Packet Page 347 4 E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that, although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F, below, have been added to the project. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Biological Resources A Biological Assessment Report was prepared by BLUE Consulting Group, dated October 16, 2017, to assess the potential biological resource impacts of the project. This report is on file and available for review with the City of Chula Vista Development Services Department. The Biological Assessment Report analyzes the potential impacts from light industrial/commercial business park development proposed for the western two-thirds of the project site, its grading impacts and dedication of the proposed open space. The Biological Assessment also addresses future development of a City park located within the eastern one- third of the property. Within the approximately 52.87-acre project site, a total of seven vegetation communities were observed on-site: southern willow scrub (SWS), disturbed open water/disturbed freshwater marsh (FWM), arundo scrub, disturbed tamarisk scrub, eucalyptus woodland, general agriculture, and urban/developed land. The project site supports jurisdictional wetlands and waters, a jurisdictional flood control channel, and the following sensitive habitat types: disturbed wetlands- freshwater marsh, tamarisk scrub, arundo scrub, and SWS. One wildlife (bird) SSC was observed on-site: the yellow warbler which has a moderate potential to nest on-site. Off-site to the south within the Otay River, two additional SSC were observed: Clark’s marsh wren and yellow-breasted chat. Least Bell’s vireo, southwestern willow flycatcher, California horned lark, Clark’s marsh wren (MAWR) and yellow-breasted chat (YBCH) were not observed on-site. However, due to the presence of potentially appropriate habitat, it has been determined that these species have a moderate chance to occur. A single sensitive plant community, identified as jurisdictional and City wetlands (SWS), was observed on-site. The 0.33 acre of SWS is located in the southwestern corner of the project site and is regarded as Army Corps of Engineers (ACOE) and California Department of Fish and Wildlife (CDFW) jurisdictional wetlands and City wetlands. No plant listed as sensitive by the Multiple Species Conservation Program (MSCP) (rare, sensitive, narrow endemic, etc.) was observed on-site. Due to the developed/highly disturbed condition of the site, no sensitive plants are expected to occur. Several other sensitive species are known to occur in the vicinity of the project site. However, due to the ruderal nature of the property, these species are not considered as potentially occurring on-site based on the historical and ongoing impacts, uses, and maintenance. 2018-03-06 Agenda Packet Page 348 5 Project Impact The project site is located within the City of Chula Vista MSCP area but outside of any Major/Minor Amendment Area, City of San Diego Multi-Habitat Planning Area (MHPA), and City of Chula Vista Preserve boundary. Jurisdictional and City wetlands were observed on-site. Development of a future City park would potentially impact 1.66 acres of FWM jurisdictional wetlands and 0.17 acres of City disturbed wetlands (arundo scrub). These impacts, totaling 1.83 acres, would require wetland compensatory mitigation and permitting in consultation with the City/ACOE/Regional Water Quality Control Board (RWQCB). To mitigate for direct impacts to jurisdictional and City wetlands, mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented reduce direct impacts to below a level of significance. As described below, potential indirect impacts resulting from the proposed development are unlikely to occur. However, because there is a potential for indirect impacts, this is regarded as an impact from the project. Nesting Birds. The proposed project both supports and is located proximate to appropriate habitat for nesting migratory birds and raptors. However, preconstruction nesting surveys shall be implemented that reduce potential impacts to below significance. Therefore, the project shall not result in potentially significant indirect impacts to nesting birds. Water Quality. The proposed project site is located proximate to an ephemeral drainage and will continue to partially drain into it, within the existing concrete brow ditches which drain into the canyon and the existing ephemeral drainage at its center. Water quality has the potential to be adversely affected by potential surface runoff and sedimentation during the construction and operation of the project; however, Best Management Practices (BMPs) would be implemented that would reduce potential impacts to below significance. Therefore, the project is not expected to decrease water quality or affect vegetation, aquatic animals, or terrestrial wildlife that depends upon the water resources. Habitat Disturbance. Development of residential, commercial, office, and/or restaurant uses typically lead to an increase in human presence on and around project sites. However, this is a re-development project which is predominantly within the pre-existing developed envelope. Therefore, while there may be an increase in total human activity in the area, the area has already absorbed the biological loss to function and value and it is unlikely that the project could lead to further fragmentation of habitat and the degradation of sensitive habitat if people or pets wandered outside the developed area. Additionally, illegal dumping of green waste, trash, and other refuse, which currently negatively impacts the adjacent habitat in the canyon, would be curtailed. Edge Effects. Edge effects occur when blocks of habitat are fragmented by development. These edges make it easier for non-native plant species to invade native habitats. Edge effects can also make it easier for both native and non-native predators to access prey that may have otherwise have been protected within large, contiguous blocks of habitat. In 2018-03-06 Agenda Packet Page 349 6 addition, the disruption of predator-prey, parasite-host, and plant-pollinator relations can occur. The proposed project would not lead to significant edge effects. The project's proposed landscape plan does not include any invasive plant species. Steep slopes that rim development areas are within the BMZ 1 and 2 and would be landscaped in Fire Marshal approved native and naturalized plant material and serve as a buffer to native habitat to the north of the project site. Additionally, the project does not affect contiguous blocks of habitat. Night-time Lighting. Development of the project site would introduce night-time lighting in the form of street and parking lights, car headlights, and residential lights. Night-time lighting on native habitats can provide nocturnal predators with an unnatural advantage over their prey. This could cause an increased loss in native wildlife that could be a significant impact unless mitigated. Nighttime lighting would be consistent with the City’s lighting requirements and would not cause significant impacts on wildlife habitat. Fugitive Dust. Fugitive dust produced by construction could disperse onto vegetation. Effects on vegetation due to airborne dust could occur adjacent to construction. A continual cover of dust may reduce the overall vigor of individual plants by reducing their photosynthetic capabilities and increasing their susceptibility to pests or disease. This, in turn, could affect animals’ dependent on these plants (e.g., seed eating rodents or insects or browsing herbivores). Fugitive dust impacts would not be considered significant because the project would be required to implement mandatory dust control requirements that ensure dust control and significant impacts would not occur. The project has the potential to result in significant indirect impacts to biological resources located adjacent to the proposed project. To mitigate potential indirect impacts associated with the project, mitigation measures presented in Section F of this Mitigated Negative Declaration would be implemented. Implementation of those measures would mitigate the potential for indirect impacts to below a level of significance. Additionally, preventative measures, as described below, are recommended to be implemented and noted as conditions of approval. • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a qualified, City approved biological monitor shall be retained by the Projects proponent and shall be on-site during clearing, grubbing, and/or grading activities. The biological monitor shall attend all preconstruction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas and protective fencing. In addition, the biological monitor shall be on site during construction to ensure that vehicles stay within the limits of the existing access road. The biological monitor shall be authorized to halt all associated Projects activities that may be in violation of the City’s MSCP Subarea Plan and/or permits issued by any other agencies having jurisdictional authority over the Projects. 2018-03-06 Agenda Packet Page 350 7 • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, all workers shall be educated by a City approved biologist to recognize and avoid those areas which have been marked as sensitive biological resources. • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, biological fencing (i.e., ESA-type fencing) shall be installed in accordance with (Chula Vista Municipal Code (CVMC) 17.35.030. Prominently colored, well-installed fencing and signage shall be in place wherever the limits of grading are adjacent to sensitive vegetation communities or other biological resources, as identified by the qualified monitoring biologist. Fencing shall remain in place during all construction activities. All temporary fencing shall be shown on grading plans for areas adjacent to and/or within the Preserve. Hazards/Hazardous Materials Geocon Incorporated prepared a Phase I and II Environmental Site Assessment Report for the proposed project (January 27, 2017). This report is on file and available for review at the City of Chula Vista Development Services Department. The northern portion of the project site was used historically for cultivated agriculture. Pesticide use on these parcels was reported in the records provided by the County of San Diego, Department of Agriculture, Weights and Measures (DAWM). Because the project site is being developed for industrial/commercial use, potential past use of pesticides and possible pesticides in the soil would not pose a significant risk to on-site users. Project Impact Based upon the age of the on-site structures, the potential exists for asbestos containing material (ACM) and/or lead-containing paints (LCP) to be present in structures at the project site. An ACM and LCP survey prior to demolition of the on-site structures to confirm the absence or presence of these materials and to determine appropriate health and safety requirements for demolition and appropriate disposal of demolition debris would be conducted. Any undocumented subsurface structures or areas of apparent contamination encountered during site redevelopment activities, including additional septic tanks, underground storage tanks (USTs), wells, etc., would be properly abandoned/removed prior to site development in accordance with County Department of Environmental Health (DEH) regulatory requirements. Based on the findings of the Phase I and Phase II records search, there is evidence of illegal dumping; and it is apparent that undocumented fill, consisting of concrete and other debris is buried in the subsurface of the site. The burial of concrete and other materials is only allowed as part of a pre-approved and planned engineered fill. Therefore, the proposed project has the potential to result in a hazard associated with undocumented fill. The project would be required to submit a Soil Management Plan for review and approval by DEH. The project would also be required to go through the DEH’s Voluntary Assistance Program (VAP) (see Section F of this Mitigated Negative Declaration). With the 2018-03-06 Agenda Packet Page 351 8 implementation of the mitigation measure presented in Section F of this Mitigated Negative Declaration, the proposed project would not create a significant hazard to the public or the environment through the release or hazardous materials into the environment. Impacts would be less than significant. Noise A Noise Analysis Report was prepared by dBF Associates, Inc. (June 14, 2017) for the proposed project. This report is on file and available for review at the City of Chula Vista Development Services Department. Project Impact Construction of the project would generate a temporary increase in noise in the project area. Short-term noise impacts would be associated with grading and construction activities of the proposed project. Construction-related short term noise levels would be higher than existing ambient noise levels in the project area, but would no longer occur once construction is completed. Construction of the project would occur within the hours designated by the City of Chula Vista and City of San Diego Municipal Codes. Construction noise levels would be below the 75 dBA Leq (12 hour) sound level allowed by the City of San Diego Municipal Code. Project construction noise impacts to residences would be less than significant. Operational noise sources associated with industrial park land uses typically include truck deliveries, loading dock activities, outdoor mechanical equipment, and maintenance activities such as parking lot sweepers and trash collection trucks. Other noise sources associated with these uses may include shop tools and forklifts. The noise levels generated by the project parcels would vary depending on the specific use. Variables include: size of equipment, location and orientation of equipment, and number and location of loading docks, parking areas, etc. Although the exact noise levels generated cannot be specifically quantified at this time because of the many variables involved, typical noise levels associated with these land uses generally range from approximately 50-75 dBA Leq at 50 feet. On-site project noise sources placed within Lots 2, 3, 4, 5, or 6 and closer than 75 feet from a project property line, could exceed City of Chula Vista Municipal Code noise limits at a residential land use. Without mitigation, the project would have the potential to generate noise levels in excess of established standards and result in a significant noise impact. Approximately 12 acres (Lot A/PA 5) of this Specific Plan area are set aside for a future Community Park site. The primary noise source associated with a park is typically children yelling and playing in designated play areas. Based on sound level measurements of similar facilities, approximately 150 elementary-aged children playing produces approximately 62 dBA Leq at 55 feet from the edge of the play area. All primary park activities would occur at least 55 feet from the park boundary. Under the assumption that no more than 150 children would utilize any discrete area of the park at any given time, the park would produce a noise level of 65 dBA Leq or less at adjacent land uses. The park would comply with the City of Chula Vista Municipal Code daytime noise limits at all adjacent permitted land uses. Project- generated community park noise impact would be less than significant. 2018-03-06 Agenda Packet Page 352 9 The proposed project would generate traffic along existing roadways in the project area. An analysis was conducted of the project’s effect on traffic noise conditions at off-site land uses. Existing-without-project traffic noise levels were compared to existing-with-project traffic noise levels. Traffic noise modeling was used to estimate noise levels at general reference distance of 50 feet from the centerline of the nearest roadway. The addition of project traffic would increase noise levels by up to 1 dBA CNEL along all project roadway segments assessed. Sound level variations of less than 3 dBA are not detectable by the typical human ear. Project-generated traffic noise impacts at off-site land uses would be less than significant. The southern project property line, which is the boundary between the cities of Chula Vista and San Diego, is also the boundary between the City of Chula Vista MSCP Preserve (Preserve) and the City of San Diego MSCP area and MHPA. The sizes and locations of the project buildings, and the mechanical equipment plans, layouts, and operations are not yet known. However, noise associated with truck deliveries, loading dock activities (including trash compactors), outdoor mechanical equipment (such as air compressors, pumps, fans and cooling towers) and maintenance activities (such as parking lot sweepers and trash collection trucks) on Lots 9, 10, 11, and 12 have the potential to exceed 60 dBA Leq within the Preserve and result in a significant noise impact. Construction related activities including clearing, grubbing, and construction on Lots 9, 10, 11 and 12 have the potential to exceed 60 dBA Leq within the Preserve and result in a significant noise impacts if performed during the breeding season of the least Bell’s vireo (March 15 to September 15), California gnatcatcher (February 15 to August 15), or southern willow flycatcher (May 1 to August 31) and the birds are present. Significant noise impacts would not occur if construction was performed outside of the breeding season or if the birds were not present. To mitigate for construction and operational noise impacts, as well as noise impacts to biological resources to below a level of significance, the mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented. Transportation/Traffic LOS Engineering, Inc. prepared a Traffic Impact Analysis for the proposed project (March 22 2017). This report is on file and available for review at the City of Chula Vista Development Services Department. As part of the Traffic Impact Analysis, two trip generation rates were applied: a driveway rate for project access points and a cumulative rate (accounts for primary and diverted trips) that was applied for all other analyzed roadways. Based on project acreage, the project driveway volumes were calculated at 7,908 average daily traffic (ADT) with 658 morning (AM) peak hour trips and 857 evening (PM) peak hour trips. The cumulative traffic volumes were calculated at 6,414 ADT with 601 AM peak hour trips and 717 PM peak hour trips. Based on the Traffic Impact Analysis, all of the study street segments were calculated to operate at LOS B or better and the intersections were calculated to operate and LOS D or better with no significant direct project impacts under existing conditions with project 2018-03-06 Agenda Packet Page 353 10 buildout. Under horizon year 2035 with project conditions, the study intersections were calculated to operate at LOS D or better, except for: 1) Intersection of Main Street/I-805 SB Ramps (LOS F AM & PM) 2) Intersection of Main Street/I-805 NB Ramps (LOS F PM) Additionally, the study segments were calculated to operate at LOS C or better, except for four study segments of Main Street from Industrial/Hollister to I-805 (LOS D daily). The project is calculated to have cumulatively significant impacts to the aforementioned two intersections and to one segment on Main Street from Third Avenue to I-805. Project Impact The project has zero (0) direct impacts and three (3) cumulative impacts. Under horizon year with project conditions, the project is calculated to have cumulative impacts at: 1) Intersection of Main Street/I-805 SB Ramps (LOS F AM & PM) 2) Intersection of Main Street/I-805 NB Ramps (LOS F PM) 3) Segment of Main Street from Third Avenue to I-805 (LOS D) To mitigate the four cumulatively significant horizon year impacts to below a level of significance, the mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented. F. Mitigation Necessary to Avoid Significant Impacts Biological Resources 1. To avoid any direct impacts to raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to September 15). If removal of habitat on the proposed area of disturbance must occur during the breeding season, a qualified, City approved biologist shall conduct a preconstruction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the reconstruction survey to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City’s Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. 2. For any work proposed during the least Bell’s vireo or southern willow flycatcher nesting season (LBV: March 15 to September 15; SWF: May 1 to August 31), prior to initiating any construction related activities, including clearing, grubbing, grading and 2018-03-06 Agenda Packet Page 354 11 construction, a preconstruction survey shall be performed in order to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area for these species shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If the species are detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site- specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee) following the review and approval of the preconstruction report. 3. Prior to the issuance of grading/development permits for the future park, additional Agency permitting and consultation would be required. The permitting agencies would be the USACE (404 nationwide permit) and RWQCB (401 certification). As part of site development as a light industrial, commercial business park, the avoided wetlands would be placed within an open space easement in Lot B, totaling 0.44 acre. 4. Impacts to the 1.66 acres of freshwater marsh would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. 5. Impacts to the 0.17 acre of arundo scrub would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Hazards and Hazardous Materials 1. Prior to City issuance of any grading plans for the site, the Project owner/permitee shall prepare a Soil Management Plan for review and approval by DEH as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the project site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. Noise 1. In order to mitigate potential operational noise impacts to existing noise-sensitive land uses, concurrent with design review and prior to the approval of building permits for Lot 2, 3, 4, 5, or 6, each applicant shall be responsible for the preparation of a lot- 2018-03-06 Agenda Packet Page 355 12 specific analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) comply with City of Chula Vista Municipal Code noise limits. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the noise limits in the City of Chula Vista Municipal Code and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. 2. In order to mitigate potential operational noise impacts to biological resources, concurrent with design review and prior to the approval of building permits for Lots 9, 10, 11 and 12, each applicant shall be responsible for the preparation of a lot- specific noise analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project lot plans Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. 3. The following measures would be implemented to mitigate potential impacts to migratory birds: • To avoid direct impacts to least Bell’s vireo, California gnatcatcher, southern willow flycatcher and other migratory birds, construction related activities shall not be performed, including clearing, grubbing, grading and construction, between February 15 to September 15, unless absence of nesting activity is confirmed. • In order to mitigate construction noise, prior to initiating any construction related activities during the least Bell’s vireo, California gnatcatcher or southern willow flycatcher breeding seasons, including clearing, grubbing, and grading, a preconstruction survey shall be performed to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. • If a nesting bird species is detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their 2018-03-06 Agenda Packet Page 356 13 respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee). • At least 10 days prior to the start of work, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from construction does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project construction plan. Transportation/Traffic 1. To mitigate for horizon year cumulative intersection impact, the applicant would pay appropriate Western Transportation Development Impact Fees (WTDIF) because the project traffic comprises less than five percent of the total background volume. The WTDIF lists a project identified as “Facility I-806-2” that includes the widening of the Main Street undercrossing (beneath I-805) for an eastbound to northbound left turn lane. With the noted improvement, the intersection operations improve to LOS C and D at these two cumulative impact locations. The percentage of project traffic as compared to horizon year traffic for the intersections, along with the WTDIF mitigation LOS, are shown below. Cumulative Impact Location Project Traffic Percentage (less than or greater than 5%) WTDIF Facility I-805-2 LOS 1) Intersection of Main Street/I-805 SB Ramp AM project trips = 129; PM background trips = 3,410 (129/3,410 = 3.8%); therefore, less than 5% PM project trips = 133; PM background trips = 4,700 (133/4,700 = 2.8%); therefore, less than 5% With noted WTDIF improvement, intersection operations improved to LOS C (AM) and LOS D (PM). 2) Intersection of Main Street/I-805 NB Ramp AM project trips = 47; PM background trips = 3,640 (47/3,640 = 1.3%); therefore, less than 5% PM project trips = 84; PM background trips = 5,270 (84/5,270 = 1.6%); therefore, less than 5% With noted WTDIF improvement, intersection operations improved to LOS C (AM) and LOS D (PM). 2. To mitigate for the horizon year cumulative segment impact, the applicant would pay appropriate WTDIF because the project traffic comprises less than five percent of the total background volume. The cumulative segment impact is no longer considered significant if the controlling ends of the segment are at acceptable LOS, which occurs with implementation of WTDIF I-805-2 as previously described. However, the WTDIF includes two projects on Main Street identified as “Facility RAS-17: Main Street Improvement from I-5 to I-805” and “Facility BP-4: Main Street bike lanes from Industrial Blvd to I-805”. The percentage of project traffic as compared to horizon year traffic for the segment and segment operations are shown below. 2018-03-06 Agenda Packet Page 357 14 Cumulative Impact Location Project Traffic Percentage (less than or greater than 5%) Segment Operations 3) Segment of Main Street from 3rd Ave to I-805 Daily project trips = 1,395; daily background trips = 31,700 (1,395/31,700 = 4.4%); therefore, less than 5% Segment LOS D is considered acceptable when the intersection LOS at Main Street/I-805 is acceptable as shown in TRAFFIC-1. 3. In addition to the required cumulative mitigation noted above, the applicant would implement the following improvements to be secured and constructed to the satisfaction of the City Engineer: a. Install a traffic signal at Main Street/Seventh Avenue (as identified in the Main Street Streetscape Master Plan approved by City Council on 9/22/15) to be completed with the development of the 2.94-acre commercial portion of the project fronting Main Street. This signal was identified in the Main Street Streetscape Master Plan; therefore, a fee credit reimbursement would be established to off-set the cost of this signal. b. Construct Street A/Faivre Street (extension of Faivre Street) from Broadway to Fourth Avenue and extend Seventh Avenue to Street A/Faivre Street. All project roadways and intersections are to be constructed at one time – no phasing is proposed. c. Install a traffic signal at Broadway/Street A/Faivre Street and close the existing driveway immediately across from Faivre Street (currently provides driveway access to Deseret Industries). Two new Deseret Industries’ driveways would be constructed on Street A/Faivre Street along their project frontage. All project roadways and intersections are to be constructed at one time – no phasing is proposed d. Install an all-way stop control for Street A/Faivre Street and Seventh Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. e. Install a traffic signal at Street A/Faivre Street/Fourth Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. f. Improve the alley located along the northerly edge of Lots 1 and 2. Improvement details and limits are included on the civil pans. Alley improvements to be completed concurrent with Street A/Faivre Street improvements. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company’s authority to and do agree to the 2018-03-06 Agenda Packet Page 358 15 mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant’s and Operator’s desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. _____________________N/A____________________________ ______________ Printed Name and Title of Operator Date (if different from Applicant) _____________________N/A____________________________ ______________ Signature of Operator Date (if different from Applicant) H. Consultation 1. Individuals and Organizations City of Chula Vista: Caroline Young, Development Planning Division Mark Caro, Land Development Division Tom Adler, Land Development Division Rima Thomas, Land Development Division David Kaplan, Land Development Division Roberto Yano, Waste Water/Engineering Division Jamal Naji, Waste Water/Engineering Division Frank Rivera, Public Works Division Darin Golden, Fire Department Cheryl Goddard, Advance Planning Division Dave McRoberts, Public Works Division Chris Bauer, Land Development Division Miguel Tapia, Development Planning Division Others: Jason Mettler, Sweetwater Authority Luis Valdez, P.E., Sweetwater Authority 2018-03-06 Agenda Packet Page 359 16 2. Documents City of Chula Vista General Plan, Adopted December 13, 2005, Amended March 2015. Otay River Business Park Specific Plan, prepared by Lightfoot Planning Group, December 2017. Biological Assessment Report for the Nelson Mine Redevelopment Project, prepared by Blue Consulting Group, October 16, 2017 Traffic Impact Analysis, prepared by LOS Engineering, Inc. March 22, 2017. Noise Analysis Report Otay River Business Park Specific Plan, prepared by dBF Associates, Inc., June 14, 2017. Phase I and II Environmental Site Assessment Report, prepared by Geocon Inc., January 27, 2017. 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. _________________________________________ Date: ______________ Steve Power Principal Planner/Project Manager 2018-03-06 Agenda Packet Page 360 17 Figure 1. Land Use Map2018-03-06 Agenda Packet Page 361 18 Figure 2. Mass Grading Plan 2018-03-06 Agenda Packet Page 362 19 Figure 3. Preliminary Park Graphic2018-03-06 Agenda Packet Page 363 20 Figure 4. Vegetation Map 2018-03-06 Agenda Packet Page 364 21 Figure 5. Otay Valley Regional Park 2018-03-06 Agenda Packet Page 365 22 Table 1. Land Use Matrix Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Residential All forms of residential use. --- --- --- --- --- Institutional Group Assembly --- --- --- --- --- Out-patient surgery centers, subject to the provisions of CVMC 19.54 and 19.58. CUP CUP CUP --- --- General Industry Manufacture, research, assembly, repair, processing, and packaging of products from raw materials. --- --- --- --- --- Manufacture, assembly, repair, and packaging of products from construction materials such as stone, clay, glass, lumber, wood, or other similar materials. P P P --- --- Beer brewing or wineries requiring a Type 23 Alcoholic Beverage Control license. P P P --- --- Distilling of liquors requiring a Type 23 Alcoholic Beverage Control license. CUP CUP CUP --- --- Graphics and art equipment, including signage. P P P --- --- Other accessory uses associated with permitted general industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other General Industry uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP P P --- --- Light Industry and Research Manufacture, research, assembly, repair, processing, and packaging of products from previously prepared materials. P P P --- --- 2018-03-06 Agenda Packet Page 366 23 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Manufacture, processing, and packaging of food products, pharmaceuticals, or similar. P P P --- --- Research, testing, processing, packaging, and associated light manufacturing of biochemical and chemical materials, electronics, pharmaceuticals, medical equipment, medical and dental labs, and compatible products and materials. P P P --- --- Businesses engaged in the storage, warehousing, distribution, or wholesale sales of products similar to permitted Light Industry and Research products. P P P --- --- Businesses engaged in the rental of self-storage units. --- --- --- --- --- Other accessory uses associated with permitted light industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other light industry and research uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Services Medical, optical and dental laboratories, not including related products for general sale or distribution except as an accessory use. P P P --- --- Medical, optical, and dental offices and clinics. P P --- --- --- Veterinarian offices or animal hospitals, subject to the provisions of CVMC 19.58.050. P P P --- --- Veterinarian offices or animal hospitals with outdoor facilities for large animals, subject to the provisions of CVMC 19.58.050. CUP CUP CUP --- --- Administrative, business or professional offices. P P P --- --- Financial offices such as banks and similar, real estate services, and other financial services. P P --- --- --- 2018-03-06 Agenda Packet Page 367 24 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Blueprinting, copy services, photographic services, printing, publishing. P P P --- --- Specialized studios for arts and crafts, photography, music, dance, art galleries, and similar, in accordance with the provisions of CVMC 19.58.220. P P --- --- --- Personal care services, such as barbershop and beauty salons and similar. P --- --- --- --- Automobile service stations, subject to the provisions of CVMC 19.58.280, and car washes subject to the provisions of CVMC 19.58.060. CUP CUP CUP --- --- Automobile minor maintenance and repair. CUP P --- --- --- Automobile major repair centers. --- CUP P Health or athletic clubs, sports and health classes and clinics, and other businesses of the same character. P P --- --- --- Commercial recreation facilities such as bowling alleys and skating rinks, subject to CVMC 19.58.040. --- --- --- --- --- Commercial recreation facilities, outdoor. --- --- --- --- --- Social or fraternal organizations subject to the provisions of CVMC 19.58.100. --- --- --- --- --- Hotels, motels, and similar uses. --- --- --- --- --- Other service and office uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial Retail Retail commercial businesses. P --- --- --- --- Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and dry-cleaners. P --- --- --- --- Building material retail sales and equipment rental. P P P --- --- Plant nurseries and the sale of related items. P P P --- --- 2018-03-06 Agenda Packet Page 368 25 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Other commercial uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial, Food Services Grocery, general or specialty (such as bakery products, produce, meat, bread), with or without associated delicatessen. P --- --- --- --- Restaurants, delicatessens, coffee shops, and similar uses with associated seating. P P --- --- --- Fast food or similar uses with drive- through lanes. Limited to 3 drive- through establishments within the Specific Plan. CUP --- --- --- --- Drive-in restaurants where food is ordered from and consumed in the parked car on the premises. CUP --- --- --- --- Tasting Room, only as an accessory use to on-site brewery or distillery, or social or fraternal organization. P P P --- --- Liquor store (package, off-sale only), in accordance with the procedures of CVMC 19.58.340. CUP --- --- --- --- Bars, tasting rooms not associated with on-site brewery or distillery, and cocktail lounges. CUP CUP --- --- --- Restaurants with dance floors or areas designated for live entertainment, and night clubs. P CUP --- --- --- Other food service uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP --- --- --- Other Open Space without permanent structures, subject to the provisions of CVMC 19.50 Flood Zone Regulations. --- --- --- P P Public park with related structures such as restrooms, play areas, athletic fields, courts and similar recreational uses with associated seating, parking, lighting, and landscaping. --- --- --- --- P 2018-03-06 Agenda Packet Page 369 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments BIOLOGICAL RESOURCES T.M Pre Const. During Const. Post Cost . 1 BIO-1:To avoid any direct impacts to raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to September 15). If removal of habitat on the proposed area of disturbance must occur during the breeding season, a qualified, City approved biologist shall conduct a preconstruction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the preconstruction survey to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City’s Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 370 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 2 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 2 BIO-2: For any work proposed during the least Bell’s vireo or southern willow flycatcher nesting season (LBV: March 15 to September 15; SWF: May 1 to August 31), prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a preconstruction survey shall be performed in order to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area for these species shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If the species are detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee) following the review and approval of the preconstruction report. Plan Check/Site Inspection X X Applicant/Development Services Department 3 BIO-3:Prior to the issuance of grading/development permits for the future park, additional Agency permitting and consultation would be required. The permitting agencies would be the USACE (404 nationwide permit) and RWQCB (401 certification). As part of site development as a light indsutrial, commercial business park, the avoided wetlands would be placed within an open space easement in Lot B, totaling 0.44 acre. Plan Check/Site Inspection X X Applicant/Development Services Department 4 BIO-4:Impacts to the 1.66 acres of freshwater marsh would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 371 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 3 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 5 BIO-5:Impacts to the 0.17 acre of arundo scrub would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 372 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 4 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments HAZARDS AND HAZARDOUS MATERIALS T.M Pre Const. During Const. Post Cost . 6 HAZARD-1:Prior to issuance of any grading plans for the site, the project owner/permittee shall prepare a Soil Management Plan for review and approval by DEH as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the project site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 373 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 5 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments NOISE T.M Pre Const. During Const. Post Cost . 7 NOISE-1:In order to mitigate potential operational noise impacts to existing noise-sensitive land uses, concurrent with design review and prior to the approval of building permits for Lot 2, 3, 4, 5, or 6, each applicant shall be responsible for the preparation of a lot-specific analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) comply with City of Chula Vista Municipal Code noise limits. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the noise limits in the City of Chula Vista Municipal Code and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet wakks mechanical equipment enclosures, silencers and/or mufflers. Plan Check X X Applicant/Development Services Department 8 NOISE-2:In order to mitigate potential operational noise impacts to biological resources, concurrent with design review and prior to the approval of building permits for Lots 9, 10, 11 and 12, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 374 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 6 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 9 NOISE-3:The following measures would be implemented to mitigate potential impacts to migratory birds: To avoid direct impacts to least Bell’s vireo, California gnatcatcher, southern willow flycatcher and other migratory birds, construction related activities shall not be performed, including clearing, grubbing, grading and construction between, February 15 to September 15, unless absence of nesting activity is confirmed. In order to mitigate construction noise, prior to initiating any construction related activities during the least Bell’s vireo, California gnatcatcher or southern willow flycatcher breeding seasons, including clearing, grubbing, and grading, a preconstruction survey shall be performed to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If a nesting bird species is detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee). Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 375 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 7 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 10 At least 10 days prior to the start of work, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from construction does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project construction plan. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 376 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 8 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments TRANSPORATION/TRAFFIC T.M Pre Const. During Const. Post Cost . 11 TRAFFIC-1: To mitigate for horizon year cumulative intersection impact, the applicant would pay appropriate Western Transportation Development Impact Fees (WTDIF) because the project traffic comprises less than five percent of the total background volume. The WTDIF lists a project identified as “Facility I-806-2” that includes the widening of the Main Street undercrossing (beneath I-805) for an eastbound to northbound left turn lane. With the noted improvement, the intersection operations improve to LOS C and D at these two cumulative impact locations. Plan Check X X Applicant/Development Services Department 12 TRAFFIC-2:To mitigate for the horizon year cumulative segment impact, the applicant would pay appropriate WTDIF because the project traffic comprises less than five percent of the total background volume. The cumulative segment impact is no longer considered significant if the controlling ends of the segment are at acceptable LOS, which occurs with implementation of WTDIF I-805-2 as previously described. However, the WTDIF includes two projects on Main Street identified as “Facility RAS-17: Main Street Improvement from I-5 to I-805” and “Facility BP-4: Main Street bike lanes from Industrial Blvd to I-805”. Plan Check/Site Inspection X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 377 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 9 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 13 TRAFFIC-3: In addition to the required cumulative mitigation noted above, the applicant would implement the following improvements to be secured and constructed to the satisfaction of the City Engineer: Install a traffic signal at Main Street/Seventh Avenue (as identified in the Main Street Streetscape Master Plan approved by City Council on 9/22/15) to be completed with the development of the 2.94-acre commercial portion of the project fronting Main Street. This signal was identified in the Main Street Streetscape Master Plan; therefore, a fee credit reimbursement would be established to off-set the cost of this signal. Construct Street A/Faivre Street (extension of Faivre Street) from Broadway to Fourth Avenue and extend Seventh Avenue to Street A/Faivre Street. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Install a traffic signal at Broadway/Street A/Faivre Street and close the existing driveway immediately across from Faivre Street (currently provides driveway access to Deseret Industries). Two new Deseret Industries’ driveways would be constructed on Street A/Faivre Street along their project frontage. All project roadways and intersections are to be constructed at one time – no phasing is proposed Install an all-way stop control for Street A/Faivre Street and Seventh Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Install a traffic signal at Street A/Faivre Street/Fourth Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Improve the alley located along the northerly edge of Lots 1 and 2. Improvement details and limits are included on the civil pans. Alley improvements to be completed concurrent with Street A/Faivre Street improvements. Plan Check/Site Inspection X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 378 O TAY R IVER B USINESS P ARK S PECIFIC P LAN December 2017 2018-03-06 Agenda Packet Page 379 OTAY RIVER BUSINESS PARK SPECIFIC PLAN December 2017 Prepared For: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 Prepared By: The Lightfoot Planning Group 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 760-692-1924 2018-03-06 Agenda Packet Page 380 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE I Table of Contents Chapter 1 - Introduction .......................................................................................................... 1  1.1 Specific Plan Location and Boundaries .................................................................................... 1  1.2 Authority and Requirements ........................................................................................................ 3  1.3 Purpose and Intent of the Specific Plan................................................................................... 3  1.4 Relationship of the Specific Plan to the Chula Vista Municipal Code .......................... 4  1.5 Construction of Language ............................................................................................................. 4  1.6 Severability .......................................................................................................................................... 5  Chapter 2 - Planning Considerations ...................................................................................... 6  2.1 Existing Land Use & Zoning Prior to Adoption of the Specific Plan ............................ 6  2.2 Site History and Current Property Use ..................................................................................... 6  2.3 Surrounding Land Uses .................................................................................................................. 8  2.4 Physical Setting .................................................................................................................................. 8  A. Topography ............................................................................................................................ 8  B. Soils/Geology ...................................................................................................................... 11  C. Hydrology and Drainage ................................................................................................ 11  D. Biological Resources ........................................................................................................ 11  Chapter 3 - General Plan Vision, Goals, Objectives, and Policies ...................................... 17  3.1 Land Use and Transportation .................................................................................................... 18  3.2 Economic Development .............................................................................................................. 23  3.3 Public Facilities and Services Element ................................................................................... 24  3.4 Environmental Element ............................................................................................................... 25  3.5 Growth Management Element ................................................................................................. 27  3.6 General Plan Implementation ................................................................................................... 27  3.7 Statement of Consistency ........................................................................................................... 27  Chapter 4 - Land Use & Development Regulations ............................................................ 29  4.1 Purpose .............................................................................................................................................. 29  4.2 Applicability ..................................................................................................................................... 29  4.3 Land Use Plan and Map .............................................................................................................. 29  4.4 Land Use Matrix .............................................................................................................................. 32  4.5 Accessory Uses and Structures ................................................................................................. 36  4.6 Floodway and Habitat Area (Planning Area 4) ................................................................... 36  4.7 Future Park Area (Planning Area 5) ........................................................................................ 37  4.8 Biological Open Space Easement ............................................................................................ 37  4.9 Interim Uses ..................................................................................................................................... 37  4.10 Development Regulations .......................................................................................................... 37  A. Lot Size and Dimensions ................................................................................................ 37  B. Setbacks ................................................................................................................................ 38  C. Height .................................................................................................................................... 38  D. Lot Coverage ....................................................................................................................... 38  E. Floor Area Ratio ................................................................................................................. 38  F. Parking Standards ............................................................................................................. 39  G. Design Review .................................................................................................................... 40  2018-03-06 Agenda Packet Page 381 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE II Chapter 5 - Design Guidelines ............................................................................................... 41  5.1 Purpose and Intent ........................................................................................................................ 41  5.2 Site Design Guidelines ................................................................................................................. 41  A. Circulation and Site Access ........................................................................................... 41  B. Parking and Loading ........................................................................................................ 42  5.3 Architectural Design Guidelines ............................................................................................... 44  A. Architectural Character ................................................................................................... 44  B. Building Massing and Scale .......................................................................................... 44  C. Exterior Materials and Finishes .................................................................................... 45  D. Roofs and Roof-Mounted Equipment ...................................................................... 45  E. Trash Enclosures and Other Screening ..................................................................... 46  F. Exterior Lighting ................................................................................................................. 46  5.4 Landscape Design Guidelines ................................................................................................... 46  A. Landscape Objectives ...................................................................................................... 46  B. Frontage Improvements ................................................................................................. 48  C. Entries .................................................................................................................................... 54  D. Otay River Valley Interface ............................................................................................ 54  E. Bioretention ......................................................................................................................... 55  F. Future Park Area ................................................................................................................ 55  G. Planting ................................................................................................................................. 56  H. Maintenance ........................................................................................................................ 62  I. Walls and Fences ............................................................................................................... 62  J. Signage .................................................................................................................................. 64  K. Trails ....................................................................................................................................... 65  5.5 Sustainable Design Strategies .................................................................................................. 65  Chapter 6 - Infrastructure and Public Facilities ................................................................... 66  6.1 Public Facilities and Services ..................................................................................................... 67  A. Circulation and Access .................................................................................................... 67  B. Water Facilities ................................................................................................................... 70  C. Sewer Facilities ................................................................................................................... 70  D. Stormwater and Drainage Facilities ........................................................................... 71  E. Electricity ............................................................................................................................... 71  F. Solid Waste .......................................................................................................................... 75  G. Public Safety: Police Services, Fire and Emergency Services ............................ 75  H. Schools .................................................................................................................................. 75  I. Libraries ................................................................................................................................. 75  J. Parks and Recreation ....................................................................................................... 75  6.2 Construction Sequence ............................................................................................................... 76  6.3 Financing Mechanisms ................................................................................................................ 76  A. Improvement Financing .................................................................................................. 76  B. Maintenance Financing ................................................................................................... 80  Chapter 7 - Plan Implementation anD Administration ...................................................... 81  7.1 Introduction ..................................................................................................................................... 81  7.2 Specific Plan Adoption ................................................................................................................. 81  7.3 Specific Plan Administration and Development Review ................................................ 81  7.4 Existing/Nonconforming Uses .................................................................................................. 82  2018-03-06 Agenda Packet Page 382 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE III 7.5 Exemptions ....................................................................................................................................... 82  7.6 Site Specific Variance ................................................................................................................... 83  7.7 Development Exceptions ............................................................................................................ 83  7.8 Specific Plan Interpretations ...................................................................................................... 83  7.9 Specific Plan Amendment .......................................................................................................... 84  A. Major and Minor Amendments ................................................................................... 84  B. Necessary Findings ........................................................................................................... 85  2018-03-06 Agenda Packet Page 383 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE IV List of Exhibits 1. Regional Location Map .................................................................................................................... 2 2. Vicinity Map ......................................................................................................................................... 7 3. Zoning Map .......................................................................................................................................... 9 4. Existing Topography .......................................................................................................................10 5. Mass Grading Plan ...........................................................................................................................12 6. Soils Exhibit ........................................................................................................................................13 7. Flood Zone Exhibit ...........................................................................................................................14 8. Biology Exhibit ...................................................................................................................................16 9. Specific Plan Land Use Map .........................................................................................................31 10. Circulation Map .................................................................................................................................43 11. Cross Section for Main Street ......................................................................................................50 12. Cross Section for Fourth Avenue................................................................................................51 13. Cross Section for 7th Avenue ........................................................................................................52 14. Cross Section for Faivre Street ....................................................................................................53 15. Conceptual Landscape Exhibit ....................................................................................................61 16. Water Utilities ....................................................................................................................................72 17. Sewer Utilities ....................................................................................................................................73 18. Drainage Plan .....................................................................................................................................74 19. Table #1 Development Impact Fees .........................................................................................79 2018-03-06 Agenda Packet Page 384 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 1 CHAPTER 1 - INTRODUCTION The Otay River Business Park is a Specific Plan for an approximate area of 52.87 acres located just north of the existing City of Chula Vista boundary in southern San Diego County. The property is situated within the City’s Southwest Planning Area along the north side of the Otay River, east of Interstate 5 and west of Interstate 805. The property is also located within the boundaries of the Otay Valley Regional Park (OVRP). The project location is shown on Exhibit 1 Regional Map and Exhibit 2 Vicinity Map. The Otay River Business Park Specific Plan (the “Plan” or “ORBP”) envisions the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Specific Plan establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the project. The Specific Plan proposes industrial and commercial lots served by new street connections to the existing street system. The Plan incorporates an area for a future Community Park, as designated by the 2005 General Plan of the City of Chula Vista in this area, and is situated adjacent to and above the Otay River Valley. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures associated with the existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. The Otay River Business Park will provide a new development pattern at this site with business park uses and complementary amenities for the existing community. 1.1 Specific Plan Location and Boundaries The property within the Otay River Business Park Specific Plan (the “Site”) is located in the southwestern portion of the City of Chula Vista, south of Main Street between Interstates 5 and 805, at Main Street and Fourth Avenue. It is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor, and the Otay River Valley open space to the south. The Site is bordered on the north by Main Street, on the west by Broadway/Beyer Boulevard, on the east by Fourth Avenue, with the Otay River along the southern boundary. It is located approximately 1 mile east of Interstate 5 and 2 miles west of Interstate 805, and consists of multiple contiguous parcels of land. Exhibit 1 Regional Map 2018-03-06 Agenda Packet Page 385 OTAY RIVER BUSINESS PARK SPECIFIC PLANREGIONAL MAP Source: SANGIS EXHIBIT 12018-03-06 Agenda Packet Page 386 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 3 1.2 Authority and Requirements California Government Code Section 65450 et seq. grants local planning agencies the authority to prepare Specific Plans for any area covered by a General Plan, as a tool for the implementation of the General Plan. A Specific Plan can effectively establish a link between implementing policies of the General Plan and an individual development proposal in a defined area. The Otay River Business Park Specific Plan has been prepared in accordance with State Specific Plan requirements under the authority of Government Code Sections 65450-65457 and consistent with the State guidelines for the preparation of Specific Plans. This Specific Plan contains sections as required that address the following: 1. The distribution, location and extent of the use of land within the area covered by the plan. (Refer to Chapter 4) 2. The proposed distribution, location, extent, and intensity of major components of infrastructure (transportation, sewage, water, drainage, solid waste disposal, and other essential facilities) proposed to be located within the area covered by the Plan and needed to support the land uses described in the Plan. (Refer to Chapter 6) 3. The standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. (Refer to Chapters 4 and 5) 4. Implementation measures including regulations, programs, public works projects, and financing measures. (Refer to Chapter 7) 5. A statement of the relationship of the Specific Plan to the General Plan. (Refer to Chapter 3) This Specific Plan details the land use proposal for the Otay River Business Park. The Plan discusses intensity, project character, open space, compatibility with surrounding development, and development design guidelines. 1.3 Purpose and Intent of the Specific Plan The Otay River Business Park Specific Plan has been prepared to implement the City of Chula Vista General Plan, and provides a comprehensive working document that describes guidelines and standards for implementation of the development. The document provides a detailed description of proposed land use and infrastructure requirements. Design and development standards have been prepared to assist in creating a business park that provides upgrades and improvements from the prior site land uses, in a way that complements the surrounding community. Careful consideration has been taken in terms of scale, character, intensity, lot size, architectural and site development standards for the Specific Plan. The key objectives are to provide a business park incorporating industrial, professional office, 2018-03-06 Agenda Packet Page 387 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 4 and commercial uses to create economic opportunities in the area, provide land for future park uses and respect the Otay River floodway and Otay River Valley open space that is part of the adjacent Otay Valley Regional Park. Goals for the Otay River Business Park Specific Plan are established as follows: 1. Create a business park that respects the character of its surroundings, incorporates a quality design for attractive buildings and street frontages, provides locations for local businesses to operate, and is an asset to the City and region. 2. Promote a quality development consistent with the goals and policies of the Chula Vista General Plan and Design Standards for the Main Street District. 3. Provide for comprehensive planning that assures the orderly development of the site in relation to its surroundings. 4. Establish development and design regulations providing for high quality and visibly attractive landscaping and building architecture. 5. Protect environmentally sensitive areas within the Specific Plan boundaries, and designate usable area for a future community park adjacent to the Otay Valley River Regional Park that can link to existing OVRP trails. 6. Develop a Plan that is economically feasible and able to be implemented based on anticipated economic conditions such that no economic burden to the City of Chula Vista would occur. 1.4 Relationship of the Specific Plan to the Chula Vista Municipal Code The Otay River Business Park Specific Plan conforms to and implements the Chula Vista General Plan. It is a legislative document including a new set of zoning standards for the property that, in concert with other portions of the Municipal Code, will be applied to new project development. Where there is a conflict between the provisions of this Specific Plan and other sections of the Chula Vista Municipal Code, the provisions of this Specific Plan shall prevail. Where this Specific Plan does not address a standard or regulation, the existing provisions of the municipal code shall apply. The Otay River Business Park Specific Plan will be reviewed by the City of Chula Vista and will ultimately be considered by the Planning Commission and City Council. The Council will have final review and approval authority. 1.5 Construction of Language As used in this Specific Plan, the terms “shall” means mandatory or required; “should” means recommended or desired; and “may” means optional. Where stated, numerical metrics take precedence over graphic metrics. 2018-03-06 Agenda Packet Page 388 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 5 1.6 Severability If any term, provision or condition of this Specific Plan is determined invalid, void or unenforceable, the remainder of this Specific Plan shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Specific Plan. 2018-03-06 Agenda Packet Page 389 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 6 CHAPTER 2 - PLANNING CONSIDERATIONS 2.1 Existing Land Use & Zoning Prior to Adoption of the Specific Plan The Otay River Business Park area is currently regulated by the City of Chula Vista land use and zoning standards. The 52.87-acre property is within the Southwest Planning Area and the Main Street District, and designated as Limited Industrial by the Chula Vista General Plan, with a designation for a future Community Park in the vicinity of this property. Land use within the Otay River is designated Open Space. Zoning on this site is ILP-Limited Industrial with a Precise Plan Overlay, the purpose of which is to allow for certain industrial uses but limiting others that create a greater nuisance or impact on nearby residents and businesses. The Main Street Corridor between Interstate 5 and Interstate 805 is currently dominated by a mixture of commercial and light industrial uses with several areas, including part of the Specific Plan site, used for heavy industry. The Specific Plan site is located within the Otay Valley Regional Park (OVRP) boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego and extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area. The OVRP Concept Plan and the Design Standards and Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. These documents provide direction related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The Otay River Business Park Specific Plan was prepared using the guidelines for the OVRP and incorporates the guidelines for private development in the developed portion of the site, and the design standards for the future park area and portions of the developed site that face the future park and the Otay River Valley. Exhibit 2 Vicinity Aerial Map 2.2 Site History and Current Property Use The Specific Plan site uses have included both mining/industrial uses and agricultural uses for many decades. About one third of the property, in the area immediately south of Main Street, is characterized by former agricultural row-crop fields, which had been one of the last remnants of the broader agricultural operations throughout this area during the early to mid-1900s. The majority of the property includes disturbed and developed areas associated with the former heavy industry activities of sand mining and concrete batch plant operations, begun by 1928. Batch plant operations expanded, with associated structures built by 1948. Additional administration buildings and aggregate conveyers were added in the 1960’s and 2018-03-06 Agenda Packet Page 390 OTAY RIVER BUSINESS PARK SPECIFIC PLANVICINITY MAP Source: SANGIS, nearmap imagery EXHIBIT 22018-03-06 Agenda Packet Page 391 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 8 1970’s and the operations remained until the mid-2000’s. In the westerly portion of the property were various industrial businesses, such as auto repair facilities and sales of marine and vehicular items constructed during the 1960’s-1970’s, all of which are no longer in operation and have been removed from the site. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various structures associated with the former uses, including the concrete batch operations. 2.3 Surrounding Land Uses The northwest corner of the area between Broadway and 7th Avenue and south of Main Street contains developments outside the Specific Plan comprising various commercial establishments including a gas station, repair shops, a thrift store, and one apartment complex across 7th Avenue from the Site along Main Street. Otherwise, Main Street is largely industrial and commercial in character, with residential neighborhoods located to the north of this corridor. Commercial uses focused on automotive repair and sales are across Main Street from the Site to the north. East of the site across Fourth Avenue are commercial uses and a self-storage facility. Adjacent to the Site between Fourth Avenue and the Otay River is open space property owned by the City of Chula Vista. Additional commercial and light industrial uses, along with an aggregate concrete plant, are across Broadway. South of the site is a previously graded portion of the former concrete batch plant operation that is within the City of San Diego boundary and not included in the Specific Plan. The Otay River channel is south of this parcel and contains dirt walking paths. No other development is present in the channel. Exhibit 3 Zoning Map 2.4 Physical Setting A. Topography The site has been previously graded, and slopes generally from the northeast, at about 55 feet above mean sea level (AMSL), down to the southwest corner, at about 32 feet AMSL. Exhibit 4 Existing Topography The proposed mass grading plan for this Specific Plan establishes future building pad areas, new street alignments, major stormwater systems, and elevates the building areas for future structures at least one foot above the 100- year floodplain. North of Faivre Street, the property will retain a high point of about 55 feet AMSL in the northeast corner, sloping down to 50 feet AMSL to 2018-03-06 Agenda Packet Page 392 OTAY RIVER BUSINESS PARKSPECIFIC PLANZONING EXHIBITSource: SANGIS, City of Chula VistaEXHIBIT32018-03-06 Agenda PacketPage 393 OTAY RIVER BUSINESS PARKSPECIFIC PLANEXISTING TOPOGRAPHYSource: SANGIS 8-15, K&S EngineeringEXHIBIT42018-03-06 Agenda PacketPage 394 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 11 the proposed desilt basin #9. South of Faivre Street, the proposed grading starts at about 50 feet AMSL on the eastern portion adjacent to the future park space and drops to about 45 feet AMSL near the southwest corner of the site, with a slope along the southern boundary of the graded portion of the property. Exhibit 5 Mass Grading Plan B. Soils/Geology In the central and southern portion of the site, undocumented fill consisting of a wide variety of fine to very coarse material is present at about 10 to 30 feet thick. Under this undocumented fill is a layer 20 to 30 feet thick of young alluvium. Groundwater is present in lower elevations about 10-15 feet below surface and may require soil stabilization. The Site is about 5 miles east of the Newport-Inglewood/Rose Canyon Fault Zone and no faults (active or inactive) traverse the Site. Current soil conditions are at moderately high risk of liquefaction due to the soil conditions and presence of near-surface groundwater, and will require additional investigation prior to the development of a precise grading plan. Exhibit 6 Soils Exhibit C. Hydrology and Drainage Portions of the site are within the Otay River floodway and floodplain. The elevation of the southern portion of the Specific Plan site will be raised so that the final graded building pads would be out of the existing floodplain. The Savage Dam on Lower Otay Lake is located approximately 10 miles to the east, and a dam breach would inundate extensive areas downstream. The entire Specific Plan site is within the inundation area that would be associated with a breach of the Savage Dam at Lower Otay Lakes. Exhibit 7 Flood Zone Exhibit D. Biological Resources The Site is located within the City of Chula Vista Multiple Species Conservation Program (MSCP). Within the Site, the following vegetation communities were found based on the current survey by BLUE Consulting Group: 1. Southern Willow Scrub: Approximately 0.33 acres onsite adjacent to the southern, southwestern boundary, and offsite adjacent to the eastern property lines. 2018-03-06 Agenda Packet Page 395 Otay RiveR Business PaRksPecific PlanMass GRadinG PlanSource: SANGIS 8-15, K&S EngineeringexhiBit52018-03-06 Agenda PacketPage 396 OTAY RIVER BUSINESS PARKSPECIFIC PLANSOILS EXHIBITSource: GEOCON, IncorporatedEXHIBIT6*Not to scale. Please refer to the geotechnical report for full drawing details.2018-03-06 Agenda PacketPage 397 OTAY RIVER BUSINESS PARKSPECIFIC PLANFLOOD ZONE EXHIBITSource:SANGIS 8-15FEMAEXHIBIT7FEMA Panel 2154, MAY 16, 20122018-03-06 Agenda PacketPage 398 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 15 2. Eucalyptus Woodland: Approximately 0.5 acres onsite around the flood control channel. 3. General Agriculture: Approximately 8.61 acres of former agricultural fields at the northern portion of the Site. 4. Arundo Scrub: Approximately 0.74 acres within the Southern Willow Scrub community, around the retention basins, and within the flood control channel. 5. Tamarisk Scrub: Approximately 0.05 acre near the southern edge of the property. 6. Freshwater Marsh: Approximately 1.66 acres within the former mining basins. 7. Urban/Developed Land: Approximately 41.03 acres. The Southern Willow Scrub in the southwest corner and Freshwater Marsh in portions of the future park area are considered Sensitive Plant Communities, but no sensitive plant species were observed onsite. No sensitive animal species were observed onsite except for one Yellow Warbler bird which is a Species of Special Concern. It was observed in one of the former mining basins in the future park area. Chapter 4, Section 4.6 of this Specific Plan establishes criteria to limit grading in and adjacent to these areas. Urban/developed areas and agricultural areas onsite lack the resources to support wildlife, and only birds and evidence of mammals common to urban areas and the type of surrounding vegetation are present. Mature trees onsite provide a potential for nesting sites although no sensitive bird or mammal species are known to be present. Potential habitat for reptiles and amphibians is possible in the retention basins, depending on water flows, but none are currently present. No vernal pools or potential invertebrate habitat are onsite. Exhibit 8 Biology Exhibit 2018-03-06 Agenda Packet Page 399 Otay RiveR Business PaRksPecific PlanPROject imPacts, PaRk/OPen sPaceSource: BLUE Consulting GroupexhiBit8Not to scale.2018-03-06 Agenda PacketPage 400 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 17 CHAPTER 3 - GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES The Chula Vista General Plan sets forth a series of goals, objectives and policies for the attainment of the community’s collective vision of the City. A summary of how this Otay River Business Park Specific Plan achieves or helps to implement the goals, objectives, and policies of the General Plan, and therefore is consistent with the applicable goals and policies of the General Plan, is presented in this Chapter. To reduce the length of this General Plan Consistency Analysis, this Chapter does not assess Specific Plan consistency with every goal or policy included in the adopted General Plan. Instead, it focuses on the goals and policies relevant to the land uses and development within the Specific Plan area Eight major themes support Chula Vista's vision for the future and provide a foundation for the policies and action programs of the General Plan. These themes represent the City's core values, which are also reflected in the Otay River Business Park Specific Plan (ORBPSP) as summarized below: Theme 1 Strong Community Character and Image – The ORBPSP is adjacent to the Otay River, one of the unique physical features of the community that provide open space, trails, and recreational opportunities within the Otay Valley Regional Park (OVRP). The Specific Plan will enhance the interface in this location through designation of land for a future community park, protection of the floodway as open space, and sensitive stormwater management and landscaping to enhance the river interface. The Specific Plan design also implements the design program of the Main Street Streetscape Master Plan which will enhance the character of this corridor and neighborhood. Theme 2 Healthy and Sustainable Economy – The Specific Plan will accommodate expansion of the local economy by providing for a broad range of business and employment opportunities, along with the improvement of local facilities and services to enhance quality of life. Future development in accordance with the ORBPSP will provide public facilities concurrent with need. Development under the ORBPSP represents an investment in new uses for this former mining site that will create opportunities to attract new businesses to enhance the City’s economic vitality. Theme 3 Strong and Safe Neighborhoods – The ORBPSP will create new employment opportunities and businesses within the community, along with new street connections through the area, and will set aside land for a future park in a neighborhood that has been identified in the General Plan to need additional park acreage. The new ORBP will help create an appealing area to shop, work and play, enhancing the nearby neighborhood. Theme 4 Improved Mobility – The ORBPSP provides for new street connections, incorporating landscaped sidewalks and bike lanes to serve pedestrians and bicyclists connecting to existing and future facilities and transit service in the immediate vicinity. The design elements of the Main Street Streetscape Master Plan will be implemented along the project frontage for this major east/west corridor. 2018-03-06 Agenda Packet Page 401 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 18 Theme 5 Healthy and Sustainable Environment – The ORBPSP is located adjacent to the Otay River Valley greenbelt and within the OVRP, and addresses protection of the floodway in permanent open space, transitional vegetation for protection of nearby habitat areas, as well as state of the art stormwater protections. The mix of uses, including industrial, commercial and future park uses, along with protection of floodway areas of the Otay River, will contribute to a healthy community by protecting resources and providing balanced, connected and sustainable land uses. Theme 6 High Quality Community Services – The Specific Plan incorporates the City’s requirements to ensure that services and infrastructure expand to match needs created by growth and redevelopment. Theme 7 Effective Growth Management and Plan Implementation – The ORBPSP refines the identified General Plan goals for industrial uses at this site, incorporating elements to serve a variety of community interests, including nearby employees, residents and businesses. This includes a mix of land uses that provide for jobs, services and shopping along with recreation (future park site, bicycle and pedestrian linkages). Theme 8 Shaping the Future Through the Present and Past - The ORBPSP includes landscape design features, including project corners landscaped to simulate the appearance or row crops and the inclusion of signage recognizing the agricultural history of the site, to respect and acknowledge the former agricultural heritage in this area. Additionally, the Specific Plan provides for implementation of the Streetscape Master Plan for Main Street, and addresses compatible land uses and edge transitions to existing and future uses, including the OVRP and future park site. In order to implement the City’s vision and themes, specific objectives and policies are established by the General Plan. The following discussion lists and describes those that are being implemented by the Otay River Business Park Specific Plan. 3.1 Land Use and Transportation Objective LUT-1 Provide a balance of residential and non-residential development throughout the City that achieves a vibrant development pattern, enhances the character of the City, and meets the present and future needs of all residents and businesses. Policies: LUT 1.5 Endeavor to create a mixture of employment opportunities for citizens at all economic levels. LUT 1.6 Attract and maintain land uses that generate revenue for the City of Chula Vista, while maintaining a balance of other community needs, such as housing, jobs, open space, and public facilities. LUT 1.15 Allow office uses that are associated with complementary commercial service businesses in commercial service areas. 2018-03-06 Agenda Packet Page 402 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 19 The Otay River Business Park Specific Plan allows for the development on the site of a former aggregate mine and concrete batch operation, heavy industrial uses and agricultural uses, into a Business Park that will provide for both commercial and light industrial development areas. Planned land uses may consist of a variety of industrial, office, service, retail, and food services that would provide employment opportunities for residents with a range of skills and education. The Specific Plan land uses include reserving a portion of the site and making it available for purchase by the City of Chula Vista for use as a public park, consistent with the General Plan land use map, in an area that can provide community recreation amenities, and complement existing open space within the Otay River Valley. Objective LUT-6 Ensure adjacent land uses are compatible with one another. Policies: LUT 6.1 Ensure, through adherence to design guidelines and zoning standards, that the design review process guarantees excellence in design and that new construction and alterations to existing buildings are compatible with the best character elements of the area. The Specific Plan establishes customized design guidelines and development standards for the ORBP to set the required and recommended characteristics of future development to ensure a quality project. These incorporate elements consistent with the Main Street Streetscape Master Plan, recognize the proximity to the Otay River with transitional buffer requirements, and will support a quality Business Park environment. Objective LUT-7 Appropriate transitions should be provided between land uses. Policies: LUT 7.4 Require landscape and/or open space buffers to maintain a naturalized or softer edge for proposed private development directly adjacent to natural and public open space areas. The Otay River Business Park Specific Plan includes an area set aside for future purchase by the City of Chula Vista for a park site. Landscaping is required between the proposed Business Park and the park planning area, and on both sides of any proposed walls along this boundary. The Specific Plan area is also adjacent to a parcel to the south in the City of San Diego zoned Open Space Floodplain. The southern portion of the Specific Plan directly adjacent to the City boundary is a planning area designated as a floodway, with limited open space uses allowed (per Chula Vista Municipal Code, Section 19.50.040). Between the floodway and the building pads is a slope that is to be planted with native plant species appropriate for a slope as a transitional buffer between the River and the business park. Landscaping is required on both sides of any wall that is proposed along the top of this slope. 2018-03-06 Agenda Packet Page 403 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 20 Objective LUT-10 Create attractive street environments that complement private and public properties, create attractive public rights-of-way, and provide visual interest for residents and visitors. Policies: LUT 10.5 Require undergrounding of utilities on private property and develop a priority based program of utility undergrounding along public rights-of-way. Power poles within the Specific Plan boundaries or directly adjacent to the Plan boundaries are required to be undergrounded by the Site developer, except where the poles are providing power to existing uses. Objective LUT-11 Ensure that buildings and related site improvements for public and private development are well-designed and compatible with surrounding properties and districts. Policies: LUT 11.2 Promote and place a high priority on quality architecture, landscape, and site design to enhance the image of Chula Vista, and create a vital and attractive environment for businesses, residents, and visitors. LUT 11.3 The City shall, through the development of regulations and guidelines, ensure that good project landscape and site design creates places that are well-planned; attractive; efficient; safe; and pedestrian-friendly. LUT 11.4 Actively promote architectural and design excellence in buildings, open space, and urban design. The Otay River Business Park Specific Plan sets forth standards governing site layout, building design, and landscape design in order to create a high quality project along the Main Street commercial corridor. Objective LUT-18 Reduce traffic demand through Transportation Demand Management (TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction measures. Policies: LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling and walking, and encourage public transit ridership on existing and future transit routes. LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians. The Specific Plan supports alternative transportation by including the requirement for bicycle lanes on both sides of all interior streets, and along the project boundary on Fourth Avenue and Main Street available to connect to future off-site bicycle lanes on surrounding streets. Non-contiguous sidewalks will be constructed throughout all streets within and directly adjacent to project boundaries (except for 2018-03-06 Agenda Packet Page 404 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 21 existing sidewalk along Broadway) to connect with existing City sidewalks, enhance the pedestrian experience, and meet the standards of the Main Street Streetscape Master Plan along Main Street. The sidewalk and parkway widths along Main Street are sized according to the Main Street Streetscape Master Plan. Should a future bus stop be designated along the project boundary, space will be available for transit stop amenities (such as bench, shelter, trash can) due to the width of landscaped areas provided adjacent to all streets. Objective LUT-23 Promote the use of non-polluting and renewable alternatives for mobility through a system of bicycle and pedestrian paths and trails that are safe, attractive and convenient forms of transportation. Policies: LUT 23.8a Use traffic calming techniques to improve integration between pedestrians, bicyclists and motor vehicles. LUT 23.8b Ensure that pedestrian routes and sidewalks are integrated into continuous networks. LUT 23.8c Establish street/sidewalk/trail design guidelines that accommodate a range of users; including access for disabled and bicyclists where feasible. LUT 23.10 Promote the system of trails envisioned within the Chula Vista Greenbelt. LUT 23.11 Implement recommendations of the City's Bikeway Master Plan and Greenbelt Master Plan. LUT 23.14 Require new development projects to provide internal bikeway systems with connections to the citywide bicycle networks. The Specific Plan infrastructure design includes non-contiguous sidewalks along both sides of Faivre Street, both sides of 7th Avenue (except adjacent to existing offsite apartment building in order to protect existing mature trees and adjacent improvements), Fourth Avenue, and the project frontage along Main Street, consistent with the design parameters of the approved Main Street Streetscape Master Plan. The use of landscape between the street and sidewalk will enhance the pedestrian experience throughout the Specific Plan area. All corner ramps will meet ADA standards. Bicycle lanes are required as part of circulation and access improvements to the site, and the Specific Plan encourages businesses to provide locker room and shower facilities for employees commuting by bike. The Future Park area is within the OVRP and provides opportunities for trail connections to existing OVRP trails. The Specific Plan notes the requirement for park design to use the OVRP Design Standards and Guidelines and the Chula Vista Greenbelt Trail guidelines. Southwest Planning Area – Main Street District: The ORBP Specific Plan is located within the Main Street District, which extends between Interstate 5 and Interstate 805, and functions as a commercial-industrial service area. It interfaces with the Otay Town residential neighborhoods north of Main Street and with the Otay River Valley open space to the south. The Main Street 2018-03-06 Agenda Packet Page 405 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 22 District is the focus of limited industrial uses within western Chula Vista. The General plan notes that the appearance of this heavily traveled thoroughfare has improved over the years due to conformance with design standards that encourage attractive buildings and street frontages. The former mining activities within and adjacent to open space areas have ceased, and the district is envisioned to include a balance between restoration of habitat, new employment and other recreation uses. The City adopted the Main Street Streetscape Plan which includes more specific goals for the Main Street frontage (discussed later in this Specific Plan). The ORBP Specific Plan will continue to implement the intent for attractive buildings, streetscape design for Main Street, and would extend the pedestrian and landscape elements to other streets in the new business park. The uses allowed by the Specific Plan include a range of industrial, office and support retail for new employment, as well as preservation of existing habitat areas onsite, and designation of a potential community park site as indicated by the General Plan Land Use Element. Objective LUT-45 Provide for and enhance a strong business district along Main Street that can be balanced between meeting the community's economic needs and establishing a strong open space connection with the nearby neighborhoods. Policies: LUT 45.2 Explore opportunities to restore sensitive habitat areas between Broadway and Beyer Way where mining activities currently exist, through state mandated mining reclamation plans. As of November 2012, the former mine on the project site was determined to be reclaimed with no outstanding reclamation liabilities, per the California Office of Mine Reclamation. A small amount of sensitive habitat was located on the site in the southwest corner, and is being protected by the Specific Plan which prohibits grading or disturbing the area, and creates a buffer between this area and the development. The Specific Plan also provides for the slope area between the floodway and development pad areas to be revegetated with native species to provide a transitional buffer to the parcel to the south and the Otay River Valley. LUT 45.3 Explore opportunities to provide sensitively designed active recreation parks adjacent to the Otay River Valley to meet local, as well as regional, park needs. The Specific Plan sets aside a portion of the site for future purchase by the City of Chula Vista to create a community park between Fourth Avenue, Faivre Street and the Otay River Valley. LUT 45.6 Maintain Main Street primarily as a limited industrial corridor. The Specific Plan will provide for new business park uses in the Main Street corridor that will accommodate light industrial and office uses, along with supportive commercial uses adjacent to Main Street to serve existing facilities and neighborhoods and provide employment opportunities. The business park uses will generate tax revenue for the City and provide job opportunities for residents. 2018-03-06 Agenda Packet Page 406 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 23 LUT 45.11 Allow a maximum floor area ratio of 0.5 and low-rise buildings in Limited Industrial designated areas in the Main Street Corridor. The Specific Plan regulations specify a Floor Area Ratio of 0.5 in Planning Area 1 adjacent to Main Street, as well as Planning Areas 2 and 3. Maximum height allowed by the Specific Plan is limited to 45-feet. LUT 45.13 The appropriate Specific Plans for the Main Street Corridor shall include design guidelines and standards that address urban development adjacent to the Otay Valley Regional Park. The Specific Plan site is within the Otay Valley Regional Park (OVRP) boundary. To avoid possible flooding to the developed areas, the grading design shown on the tentative map included with the Otay River Business Park Specific Plan would elevate the building pad above the Otay River floodway, and creates a slope buffer between the building pads and the floodway planted with native species. The Plan also limits uses in Planning Area 4 along the southern boundary of the Specific Plan to open space uses allowed in the Chula Vista Municipal Code for floodways. The OVRP Design Standards and Guidelines are referenced within the SP to guide certain architectural and site plan development within the SP area, including the future park area. LUT 45.15 Community amenities to be considered for the Main Street District as part of any incentive program should include, but not be limited to those listed in Policy LUT 27.1. The Specific Plan incorporates several of the community benefits and amenities as indicated in Policy LUT 27.1, such as improvements of all streetscapes on existing streets around the site and new streets within the Specific Plan, creating through- block connections by requiring sidewalks and bike lanes to connect public rights-of- way, and pedestrian path improvements with landscaping adjacent to all sidewalks for a more pleasant pedestrian experience. Additional land is being made available for the City to purchase and develop as a community park. Within the developed area of the Specific Plan, lots are large enough to accommodate larger businesses that could provide greater opportunities for employment by residents. 3.2 Economic Development Objective ED-1 Provide a diverse economic base for the City of Chula Vista. Policies: ED 1.4 Increase the supply of land for non-retail employment through the designation of land to accommodate a regional technology park; a future business park; industrial or business park space; and development of a university campus. ED 1.6 Promote economic development that fosters job availability, economic revitalization and tax revenues. 2018-03-06 Agenda Packet Page 407 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 24 The Specific Plan establishes land use areas for a new business park with lots in Planning Areas 2 and 3 sized for development to accommodate larger businesses and employment centers, providing opportunities for a wider variety of employment opportunities. The construction of new industrial and business park uses, with street and infrastructure improvements, will help to revitalize the Main Street corridor. Objective ED-3 Retain and grow a mix of economically sustainable small and mid-sized industries and businesses. Policies: ED 3.5 Provide for ancillary commercial development in business parks, such as banks and restaurants, in order to provide amenities for future tenants. ED 3.6 Encourage and facilitate a diversity of the type of small businesses established in proximity to one another so as to avoid redundancy of uses within a single block, commercial mall, or neighborhood, but do not preclude clusters of mutually supportive businesses such, as found in a “restaurant row”. Planning Area 1 consists of smaller parcel sizes with the potential for smaller businesses to serve the needs of nearby residents and businesses. A variety of commercial and retail uses are allowed to provide services that complement the new employment uses as well as the existing community. The mix of uses will help to create a functional business park with both large and small facilities and space for ancillary businesses to operate. 3.3 Public Facilities and Services Element Objective PFS-1 Ensure adequate and reliable water, sewer, and drainage service and facilities. Policies: PFS 1.4 For new development, require on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Slow runoff and maximize on-site infiltration of runoff. The proposed tentative map includes a bioretention basin to clean and manage storm water runoff created by the backbone infrastructure to be constructed as shown on the tentative map. Management of additional runoff created by construction on individual parcels is required by the Specific Plan to be addressed as part of the parcel development plan. Objective PFS-2 Increase efficiencies in water use, wastewater generation and its re-use, and handling of storm water runoff throughout the City through use of alternative technologies. 2018-03-06 Agenda Packet Page 408 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 25 Policies: PFS 2.2 As part of project construction and design, assure that drainage facilities in new development incorporate stormwater runoff and sediment control, including state of-the-art technologies, where appropriate. The proposed drainage system for the tentative map incorporates bioretention basins and storm drains to direct runoff on the developed potion of the site to the existing storm drain outlet, which discharges to the Otay River. Offsite drainage through the site occurs from the area north of the existing alley, and has been accommodated with the proposed storm water design. Additional studies will be required during the development plan/site development phase when parking lots and structures are proposed, but all stormwater runoff and sediment based on the tentative map is included in the stormwater system design. Objective PFS-14 Provide parks and recreation facilities and programs citywide that are well- maintained; safe; accessible to all residents; and that offer opportunities for personal development, health, and fitness, in addition to recreation. Policies: PFS 14.4 Use park dedication; location; site design; and acceptance standards, as provided in the Chula Vista Parks and Recreation Master Plan; the Park Dedication Ordinance; and the Recreation DIF, as may be amended from time to time. A portion of the Specific Area site is set aside and not developed so that it may remain available for the City to purchase to use as a community park in accordance with the 2005 General Plan that indicates a park in the general vicinity of the Specific Plan site. The OVRP also identifies this area as a potential community park with trail connections to the existing OVRP trails. The SP requires that development of this park use OVRP Design Standards and Guidelines. 3.4 Environmental Element Objective E1 Conserve Chula Vista’s sensitive biological resources. Policies: E 1.1 Implement the City of Chula Vista MSCP Subarea Plan. The Otay River Business Park Specific Plan is located within the Chula Vista MSCP, and within the “Central City Preserve Management Area”, but supports no conservation areas or covered projects, according to the biology report associated with the Specific Plan. There is land to the east between the site and Fourth Avenue that is 100% conservation area, with Planning Area 5 Future Park Area situated between developed area and that conservation parcel. There is a small area of sensitive habitat in the southwestern portion and along the southern project boundary of the site that is being preserved with no grading or other disturbing activity. No other sensitive plant species were identified during a survey done for 2018-03-06 Agenda Packet Page 409 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 26 the biology report. One Species of Special Concern, a Yellow Warbler bird, was seen onsite in the future park area. The site is not directly adjacent to Otay River Valley as there is a parcel adjacent to the south within City of San Diego boundaries that is between the Specific Plan area and the Otay River Valley. An additional buffer is created with the proposed Planning Area 4 along the southern boundary that is within the floodway of the Otay River, and where no permanent development will take place as part of the Specific Plan except as allowed in Chula Vista Municipal Code for floodway areas. Objective E-2 Protect and improve water quality within surface water bodies and groundwater resources within and downstream of Chula Vista. Policies: E 2.5 Encourage and facilitate construction and land development techniques that minimize water quality impacts from urban development. The mass grading design of the Tentative Map incorporates a stormwater system with bioretention basin improvements that will filter and clean runoff from the site prior to discharging into the Otay River through an existing outlet. Erosion control to reduce sediment prior to individual lot development will be in place through a system of desiltation basins included in the mass grading plan. Additional stormwater treatment via basins or modular wetland systems may be required on individual lots as part of any Development Plan. Objective E-3 Minimize the impacts of growth and development on water supply resources through the efficient use and conservation of water by residents, businesses, and city government. Policies: E 3.1 Promote state-of-the-art water conservation practices in existing and new development, where proven to be safe and environmentally sound. E 3.2 Promote the use of low water demand landscaping and drought tolerant plant materials in both existing and new development. E 3.3 Where safe and feasible, promote and facilitate the continued use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. The landscaping design policies call for the use of primarily drought-tolerant plant materials. Landscape standards for the manufactured slope and the erosion control area, and along the landscaped areas and transition near the OVRP are based on the OVRP Landscape Standards. This includes the use of California natives along the manufactured slopes at the southern boundary, floodway and habitat areas, and the future park landscape at park transition areas. The standards for the street frontage abutting the future park area incorporate the OVRP Landscape Standards. Water conservation efforts by individual businesses are encouraged under Chapter 5.5, Sustainable Design Strategies. 2018-03-06 Agenda Packet Page 410 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 27 3.5 Growth Management Element Objective GM-2 Provide adequate and sustainable fiscal base. Policies: GM 2.1 Achieve and maintain a balance of land uses within the City that assures residential development is complemented by expanded local employment opportunities, retail and commercial services, and recreation and entertainment venues; and that the City-wide mix of land uses provides fiscal balance between those that produce revenues and those that require public expenditures. In accordance with the General Plan designation of the site for non-residential uses, the Otay River Business Park Specific Plan contributes to a balance of land uses within the City. The Specific Plan allows for a mix of industrial, light industrial, and commercial uses, with the potential for varying sized spaces, to be attractive to range of businesses that can provide a mix of employment opportunities. It also designates currently undeveloped land as a potential future community park site for recreation purposes in the area. 3.6 General Plan Implementation Objective GPI-2 Provide consistency between the Chula Vista General Plan and subsequent documents, plans, projects, and development. Policies: GPI 2.2 Require findings of consistency with the General Plan for all subdivisions, planning approvals and building permits. Findings of consistency of the Otay River Business Park Specific Plan with the Chula Vista 2005 General Plan have been provided in this chapter. 3.7 Statement of Consistency The guidelines and standards created by the Otay River Business Park Specific Plan are consistent with the City of Chula Vista General Plan as detailed above. The specific plan includes text and diagrams which specify: (1) the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan on a parcel-specific basis, and implements the generalized boundaries of the General Plan for industrial uses, open space associated with the Otay River, and a future community park site in the area. (2) The proposed distribution, location, and extent and intensity of major components of public and private facilities proposed to be located within the area covered by the 2018-03-06 Agenda Packet Page 411 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 28 plan and needed to support the land uses described in the plan, including circulation, sewage, water, drainage, and other essential facilities. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources within the plan boundaries. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). 2018-03-06 Agenda Packet Page 412 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 29 CHAPTER 4 - LAND USE & DEVELOPMENT REGULATIONS 4.1 Purpose The purpose of these regulations is to establish development standards to regulate land uses and development of property within the Otay River Business Park Specific Plan. This Chapter specifies regulations for land use, site planning, development standards, and intensity of land use in order to: 1) accommodate the implementation of the goals of the 2005 Chula Vista General Plan called for in this Specific Plan; 2) address flood hazard constraints at the property; 3) maintain and enhance community character; and 4) protect sensitive natural resources located in the Plan area or in nearby areas. 4.2 Applicability Unless otherwise specified, the provisions of this Chapter shall be applicable to all property within the geographic boundaries of the Otay River Business Park Specific Plan, and are the controlling provisions of this Specific Plan. The development standards contained in this Chapter supplement or replace those found in the Chula Vista Municipal Code (CVMC). Unless specified in this Chapter with a different standard than the existing CVMC, the provisions of the CVMC, including but not limited to compliance with CVMC 19.58 regarding additional requirements per type of use, shall apply. Where there is a conflict between the provisions of this and other Chapters of the CVMC, the provisions of this Chapter shall prevail. Exceptions to, or relief from, the requirements found within this Section are limited to those permitted with the CVMP Chapter 19.14 pertaining to variances. Compliance with the development standards embodied in the Specific Plan will assure consistency with the purposes of the Specific Plan and meet the objectives stated in the Specific Plan. 4.3 Land Use Plan and Map The following areas shown on Exhibit 9 Specific Plan Land Use Map are included as part of the Otay River Business Park Specific Plan: 1. Planning Area 1 (Commercial) – Situated adjacent to Main Street, between Fourth Avenue and 7th Avenue at the north edge of the SP area. 2. Planning Area 2 (Transitional-Limited Commercial/Business Park) – Area of property south of the PA-1 (Commercial) and north of Faivre Street between Fourth Avenue and 7th Avenue, and lots adjacent to Broadway to the south of Faivre Street. 3. Planning Area 3 (Business Park) – Remainder of developed lots within the Specific Plan excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of 7th Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. 2018-03-06 Agenda Packet Page 413 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 30 4. Planning Area 4 (Floodway and Habitat Area) – Located along the southern boundary of the SP. 5. Planning Area 5 (Future Park Site) – Situated in the eastern portion of the SP, from Fourth Avenue south to Specific Plan boundary. 2018-03-06 Agenda Packet Page 414 OTAY RIVER BUSINESS PARKSPECIFIC PLANSPECIFIC PLAN LAND USE MAPSource:SanGIS 8-15Smith Consulting ArchitectsEXHIBIT92018-03-06 Agenda PacketPage 415 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 32 4.4 Land Use Matrix Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Residential All forms of residential use. --- --- --- --- --- Institutional Group Assembly --- --- --- --- --- Out-patient surgery centers, subject to the provisions of CVMC 19.54 and 19.58. CUP CUP CUP --- --- General Industry Manufacture, research, assembly, repair, processing, and packaging of products from raw materials. --- --- --- --- --- Manufacture, assembly, repair, and packaging of products from construction materials such as stone, clay, glass, lumber, wood, or other similar materials. P P P --- --- Beer brewing or wineries requiring a Type 23 Alcoholic Beverage Control license. P P P --- --- Distilling of liquors requiring a Type 23 Alcoholic Beverage Control license. CUP CUP CUP --- --- Graphics and art equipment, including signage. P P P --- --- Other accessory uses associated with permitted general industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other General Industry uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP P P --- --- 2018-03-06 Agenda Packet Page 416 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 33 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Light Industry and Research Manufacture, research, assembly, repair, processing, and packaging of products from previously prepared materials. P P P --- --- Manufacture, processing, and packaging of food products, pharmaceuticals, or similar. P P P --- --- Research, testing, processing, packaging, and associated light manufacturing of biochemical and chemical materials, electronics, pharmaceuticals, medical equipment, medical and dental labs, and compatible products and materials. P P P --- --- Businesses engaged in the storage, warehousing, distribution, or wholesale sales of products similar to permitted Light Industry and Research products. P P P --- --- Businesses engaged in the rental of self-storage units. --- --- --- --- --- Other accessory uses associated with permitted light industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other light industry and research uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Services Medical, optical and dental laboratories, not including related products for general sale or distribution except as an accessory use. P P P --- --- 2018-03-06 Agenda Packet Page 417 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 34 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Medical, optical, and dental offices and clinics. P P --- --- --- Veterinarian offices or animal hospitals, subject to the provisions of CVMC 19.58.050. P P P --- --- Veterinarian offices or animal hospitals with outdoor facilities for large animals, subject to the provisions of CVMC 19.58.050. CUP CUP CUP --- --- Administrative, business or professional offices. P P P --- --- Financial offices such as banks and similar, real estate services, and other financial services. P P --- --- --- Blueprinting, copy services, photographic services, printing, publishing. P P P --- --- Specialized studios for arts and crafts, photography, music, dance, art galleries, and similar, in accordance with the provisions of CVMC 19.58.220. P P --- --- --- Personal care services, such as barbershop and beauty salons and similar. P --- --- --- --- Automobile service stations, subject to the provisions of CVMC 19.58.280, and car washes subject to the provisions of CVMC 19.58.060. CUP CUP CUP --- --- Automobile minor maintenance and repair. CUP P --- --- --- Automobile major repair centers. --- CUP P Health or athletic clubs, sports and health classes and clinics, and other businesses of the same character. P P --- --- --- Commercial recreation facilities such as bowling alleys and skating rinks, subject to CVMC 19.58.040. --- --- --- --- --- Commercial recreation facilities, outdoor. --- --- --- --- --- Social or fraternal organizations subject to the provisions of CVMC 19.58.100. --- --- --- --- --- 2018-03-06 Agenda Packet Page 418 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 35 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Hotels, motels, and similar uses. --- --- --- --- --- Other service and office uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial Retail Retail commercial businesses. P --- --- --- --- Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and dry-cleaners. P --- --- --- --- Building material retail sales and equipment rental. P P P --- --- Plant nurseries and the sale of related items. P P P --- --- Other commercial uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial, Food Services Grocery, general or specialty (such as bakery products, produce, meat, bread), with or without associated delicatessen. P --- --- --- --- Restaurants, delicatessens, coffee shops, and similar uses with associated seating. P P --- --- --- Fast food or similar uses with drive- through lanes. Limited to 3 drive- through establishments within the Specific Plan. CUP --- --- --- --- Drive-in restaurants where food is ordered from and consumed in the parked car on the premises. CUP --- --- --- --- Tasting Room, only as an accessory use to on-site brewery or distillery, or social or fraternal organization. P P P --- --- Liquor store (package, off-sale only), in accordance with the procedures of CVMC 19.58.340. CUP --- --- --- --- 2018-03-06 Agenda Packet Page 419 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 36 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Bars, tasting rooms not associated with on-site brewery or distillery, and cocktail lounges. CUP CUP --- --- --- Restaurants with dance floors or areas designated for live entertainment, and night clubs. P CUP --- --- --- Other food service uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP --- --- --- Other Open Space without permanent structures, subject to the provisions of CVMC 19.50 Flood Zone Regulations. --- --- --- P P Public park with related structures such as restrooms, play areas, athletic fields, courts and similar recreational uses with associated seating, parking, lighting, and landscaping. --- --- --- --- P 4.5 Accessory Uses and Structures 1. Incidental services such as prescription pharmacies and retail sales of products produced or manufactured on the site, when conducted and entered from within the building, provided there is no display or advertising visible from the public street. 2. Administrative, executive, and financial offices, and incidental services like restaurants to serve employees, when conducted on premises. 3. Other uses and buildings customarily appurtenant to permitted uses. 4. All accessory uses and structures must comply with applicable provisions of CVMC 19.58.020. 4.6 Floodway and Habitat Area (Planning Area 4) Portions of the Specific Plan property are located within the floodway of the Otay River, with a small amount of Southern Willow scrub in the southwest corner of the Site. General grading and development are not permitted within the floodway, 2018-03-06 Agenda Packet Page 420 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 37 except as allowed in CVMC 19.50.040 and subject to all regulations by FEMA and in CVMP 19.50 and 14.18. Should there be an inconsistency between these regulations, FEMA guidelines and CVMC 14.18 shall be the controlling regulations. Remedial grading shall be permitted so long as the disturbed area is returned to the original grade and certified by a registered civil engineer. 4.7 Future Park Area (Planning Area 5) A portion of the Specific Plan property is identified as a location for a future Community Park by the City of Chula Vista General Plan Public Facilities and Services Element and the Otay Valley Regional Park (OVRP) Concept Plan. Approximately 13.9 acres are set aside in this Specific Plan to maintain the option for this area to serve as a future Community Park site available for purchase by the City of Chula Vista. The final design of the park, including trail connections to the OVRP, will be determined by the City, after the City has agreed to purchase the park area, in collaboration with the community and shall use the most current OVRP Design Standards and Guidelines. 4.8 Biological Open Space Easement There are two areas within the Specific Plan with an existing biological habitat that are to remain undisturbed: one located in the southwest corner of the SP and one along the southern edge within the floodway (both within Lot B). These environmentally sensitive areas are to be protected from any grading or development, and a biological open space easement shall be established over the areas prior to site development. The specific easement boundaries are identified on the proposed TM. 4.9 Interim Uses Existing uses, buildings, and/or structures that become nonconforming due to adoption of the Otay River Business Park Specific Plan shall not be allowed to continue in operation, and shall be abated no later than six months from the date the Specific Plan becomes effective. Any future use of property within the boundaries of the Specific Plan shall conform to the provisions of this Specific Plan. 4.10 Development Regulations A. Lot Size and Dimensions Minimum lot size: 10,000 square feet Minimum lot dimensions: Width 100 feet Depth 100 feet 2018-03-06 Agenda Packet Page 421 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 38 B. Setbacks Minimum setback criteria is provided in the following table. The Building Setback applies to all structures within the Specific Plan site, and the Parking Setback applies to parking lot areas within the Specific Plan site. Setback Location Building Setback (min) Parking Setback (min) Main Street 10 feet 10 feet Fourth Avenue 10 feet 10 feet Faivre Street 10 feet 10 feet 7th Avenue 10 feet 10 feet Broadway 10 feet 10 feet Alley 5 feet 0 feet Side (Interior lot lines) 5 feet 0 feet Future Park Area Boundary 10 feet 5 feet Rear 5 feet 5 feet C. Height The maximum building height shall be forty-five feet (45’-0”) above the finished grade. Height limitations shall not apply to the following: 1. Flag poles, radio towers, masts and aerials, or to parapet walls extending not more than 4 feet above the height of the building. 2. Elevator and stair penthouses provided no lineal dimension of such structure exceeds 50% of the corresponding street line frontage. 3. Other exceptions not noted but provided for in CVMC 19.16.040. D. Lot Coverage The maximum lot coverage shall be fifty percent (50%) in Planning Areas 1, 2 and 3. Lot coverage shall be calculated as defined in CVMC 19.04.060. E. Floor Area Ratio The maximum Floor Area Ratio (FAR) shall be 0.5 in Planning Area 1 and 1.0 in Planning Areas 2 and 3. Floor Area Ratio (FAR) is a measure of the bulk of buildings on a lot or site. FAR is calculated by dividing the gross floor area of all buildings on a lot or site by the lot or site area. Gross floor area includes the total enclosed area of all floors of a building measured from the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, balconies, recreation rooms, and attics having a height of more than seven feet 2018-03-06 Agenda Packet Page 422 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 39 but excluding area used exclusively for vehicle parking or loading. For example, a two-story building occupying one-half of a site has an FAR of 1.0. F. Parking Standards Size of Parking Spaces and Drive Aisles Standard parking spaces shall be a minimum of 9 feet wide by 19 feet deep, with 24-foot two-way drive aisles or 15-foot one-way drive aisles. Compact parking spaces shall be a minimum of 8 feet wide by 15 feet deep, and may be provided for up to 10 percent of the total spaces required. A minimum of 10- foot high vertical clearance on drive aisles shall be provided for emergency vehicle access. Accessible Spaces All required accessible (disabled) parking spaces shall be constructed in a manner required by the most current edition(s) of the State of California Uniform Building Code (Title 24) as amended. Number of Spaces Required The required number of parking spaces shall be based upon the cumulative total required for uses within the project as specified in CVMC 19.62.050, which may be amended. Refer to the most current parking table adopted by the City of Chula Vista Planning Commission for relevant additional requirements. For any uses not listed, the City may require a parking study to determine the appropriate number of parking spaces. For ease of reference, the current parking requirements for typical uses anticipated within the business park are listed below: LAND USE GENERAL STANDARD (refer to CVMC 19.62.050 for details) Office 1 per 300 square feet Medical/Dental Office 1 per 200 square feet Manufacturing 1 per 800 square feet Wholesale and Warehouse 1 per 1,000 square feet Retail Stores/Financial Institutions 1 per 200 square feet Restaurants 1 per 2.5 fixed seats Drive Through Restaurants 15 spaces minimum plus queue for 5 cars Furniture/Appliance Store 1 per 600 square feet When the calculation of the requirements for parking results in a fractional portion of a parking space, a fraction of one-half or greater shall be construed as one required space, and a remaining fraction of less than one-half shall be disregarded from the calculation of required spaces. Shared Parking Shared parking will be allowed between Planning Areas 1 and 2, and among uses of Planning Areas 2 and 3 that are adjacent to each other in the Specific 2018-03-06 Agenda Packet Page 423 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 40 Plan. If the required number of parking spaces cannot be provided within a particular parcel of the Specific Plan, a shared parking plan may be allowed with the following conditions: 1. Shared parking shall be for uses located exclusively within the Otay River Business Park Specific Plan and must be located within 500 feet of the individual parcel to be served by the shared parking plan. 2. A Shared Parking Analysis is required demonstrating the demand (number of parking spaces needed) for each use that will participate in the Shared Parking Program throughout a typical day. The hour in which the highest number of spaces is needed (peak parking demand) for the proposed development determines the minimum number of required off-street spaces for that proposed use. The shared parking analysis shall be reviewed and approved by the Director of Development Services and the City Engineer. 3. Shared parking shall be enforced through a shared parking agreement in a form approved by the City of Chula Vista, and maintained in perpetuity through an agreement between parcel owners. 4. Adequate signage shall be provided for tenants indicating the availability of alternate parking areas. 5. Modification to the buildings or uses within the Specific Plan area are located or changes in tenant occupancy requires review by the Development Services Director. G. Design Review 1. Development in the Otay River Business Park shall be subject to compliance with the applicable standards of review and review processes contained in the CVMC Chapter 19.14, the Chula Vista design review process, and any amendments thereto. 2. In addition to compliance with the design review process, development in the Otay River Business Park shall be in compliance with the Design Guidelines in Chapter 5 of this Specific Plan. 2018-03-06 Agenda Packet Page 424 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 41 CHAPTER 5 - DESIGN GUIDELINES 5.1 Purpose and Intent The following guidelines and standards address site planning and design elements applicable to the overall Specific Plan property. 5.2 Site Design Guidelines A. Circulation and Site Access Requirements for site access are provided in this section. Frontage Improvement design guidelines are provided in Landscape Design Guidelines, Section 5.4 (B). 1. A new public Faivre Street south of and parallel to Main Street shall be added to create a connection between Broadway and Fourth Avenue and provide access to individual parcels on the site. 2. Multiple driveways on opposite sides of a street should align directly across from each other when feasible, or with an offset acceptable to the City of Chula Vista engineering staff. 3. Driveway dimensions shall comply with City Standards current at the time a Development Plan is submitted. 4. Site design for buildings/uses requiring large semi-truck access shall provide adequate circulation for truck turning and maneuvering throughout the lot, such that any large truck may enter and exit from the public street, and circulate around any structure needing truck access on any parcel without backing up. Shared/joint access routes between parcels and buildings may be used to provide for such circulation, and any such joint access shall be maintained in perpetuity through an agreement between parcel owners. 5. Transit access is available near the Specific Plan site via routes that have stops at Broadway and Main Street, and at Fourth Avenue and Main Street. No current bus routes are directly adjacent to the Specific Plan site. Should bus routes be modified in the future, the parkway design could accommodate bus stops with benches or waiting areas for riders. Traffic Demand Management (TDM) programs are developed, typically on a regional or large project basis, to reduce vehicle trips, single occupancy vehicles, and air emissions. A TDM program through the City of Chula Vista or the ORBPSP has not been developed, but some TDM program measures have been included in the Tentative Map, and are encouraged through the Specific 2018-03-06 Agenda Packet Page 425 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 42 Plan Sustainable Design Strategies located in Section 5.5 of this Chapter. Examples include:  Bike lanes adjacent to all public roads through and directly adjacent to the Specific Plan where possible,  Encouraging development plans to include bike parking, and changing rooms and showers for bike commuters, in all buildings.  Encouraging electric vehicle charging stations throughout the Specific Plan site.  Providing parkways that can be used for waiting areas should new transit stops be located directly adjacent to the Specific Plan site. Should a TDM program be established city-wide or region-wide, the ORBP will be available to participate, including in programs for paid parking and shuttle service to accommodate nearby transit services. Exhibit 10 Circulation Map B. Parking and Loading 1. All parking shall be provided onsite within the lots of the Specific Plan with no street parking on existing or new public streets. 2. All parking areas shall be screened from view of public streets. Where possible, such screening should be provided by use of a landscaped berm or hedges, at least 3.5 feet high. Alternate screening with masonry walls or fencing may be used and shall not be less than 3.5- feet or more than 6-feet in height, and shall be located beyond the setback. 3. Truck loading areas should be located and designed for minimum visibility from public streets. Placement in front of structures or where highly visible from public streets is discouraged. Where necessary, walls shall be provided to screen truck loading areas from view. Such walls may be extensions of the building walls, wing walls or freestanding walls, and enhanced with landscape planting for aesthetic purposes and to reduce graffiti. The use of screen walls should also be designed to provide noise attenuation if necessary to protect adjacent land uses. 2018-03-06 Agenda Packet Page 426 OTAY RIVER BUSINESS PARKSPECIFIC PLANCIRCULATION MAPSource:SanGIS 8-15EXHIBIT102018-03-06 Agenda PacketPage 427 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 44 5.3 Architectural Design Guidelines A. Architectural Character The Otay River Business Park is situated along Main Street, a primary road servicing a commercial and industrial area of Chula Vista. This Plan provides an opportunity to improve a site, which is largely vacant currently and had been occupied by several heavy industrial operations, and increase economic vitality in the area. The design guidelines in the Otay River Business Park Specific Plan are intended to permit flexibility in the architectural styles of the Specific Plan, while allowing Chula Vista to ensure visual improvement along an important thoroughfare. The Main Street corridor currently does not have a defined architectural style. Therefore, the focus of the architectural character within the SP should be on creating a high-quality development in which design styles of the various land uses of the Specific Plan coordinate to create a unifying and harmonious overall development. The coordinating elements could include building form, color, material, rooflines, and landscaping. The use of standardized corporate architectural styles is acceptable provided the design complies with the Specific Plan guidelines. The business park also abuts the Otay River Valley. The OVRP Standards and Guidelines include requirements to consider compatibility and buffering where appropriate to blend new development with the natural setting and character of the OVRP. Additional design standards and guidelines are provided for structures within the Regional Park focused on recreation centers, comfort stations, and picnic shelters. The architectural theme for the OVRP is “Californio” ranchos of the early 1800’s, a style appropriate for the open space character of the future park. B. Building Massing and Scale 1. Building facades and rooflines shall provide a variety of architectural elements but create harmonious aesthetics between Planning Areas 1 and 2 of the Specific Plan. 2. Heights and wall planes should be staggered to create shadows that break up large expanses of facades. 3. Use varied roof forms, mass, shape, or materials to create variations in building facades. 4. Design buildings that have a street facade which is complementary in scale and massing to its surrounding. 5. Provide a sense of pedestrian scale at the ground level of buildings of Planning Area 1 and Planning Area 2 along Main Street and Fourth 2018-03-06 Agenda Packet Page 428 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 45 Avenue through appropriate use of building materials, and architectural details. 6. Building entries should be readily identifiable using recesses, columns, or other architectural details to emphasize primary entrances. 7. Building elevations facing the southern slope/Otay River Valley should be evaluated for visibility from OVRP trails. If visible, elevations should be articulated to provide interest, per the OVRP Design Standards and Guidelines, Section 5.3.3, or screened with vegetation to soften views from OVRP trails. C. Exterior Materials and Finishes 1. Use building materials that are of high quality, durable, require low maintenance, and complement the design of the building. 2. Use a combination of materials, textures, and colors to help articulate the building design to achieve greater variety, visual interest, and richness in the architectural character. Material and finish changes should occur at logical break points. Highly reflective surfaces and large expanses of exposed single-color precision block walls should be avoided. 3. A limited color palette shall be incorporated into the design, with color differentiation used within the overall project to reduce monotony, and avoid repetitiveness within the building facades. Building colors should be appropriate for the architectural style. 4. Accessory structure design shall be compatible with the architecture of the primary structure. D. Roofs and Roof-Mounted Equipment 1. Design roofs (form, style, and pitch) to further enhance and articulate the architectural vocabulary used in the facades and to be compatible with the style and character of each building. 2. Roof materials should be appropriate to the architectural style of the buildings. 3. Rooflines should be accentuated with appropriate projections and overhangs. 4. All roof appurtenances including, but not limited to, air conditioning units and mechanical equipment shall be shielded and architecturally screened from view from surrounding properties and public rights-of- way. Including trails within the OVRP, using full parapets, low parapets plus screening, sloping roofs, or other means of screening that 2018-03-06 Agenda Packet Page 429 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 46 coordinate with the architectural style of the building. Solar panels should be integrated into the roof design. E. Trash Enclosures and Other Screening 1. Trash receptacles, adequate areas for collecting and loading recyclable materials, and storage areas shall be provided within the main structures or in separate free-standing structures. They should be placed at or near the rear of the main structures that they serve and near loading areas or drive aisles when feasible, so long as circulation is not blocked during loading operations. Trash enclosures should be located where possible such that trash trucks can service them without having to reverse out of the service area. 2. All trash enclosures, and utility and mechanical equipment shall be screened per CVMC 19.58.340, and enclosures that could be visible from a public street or walkway shall be further screened with landscaping. 3. Policies of the City of Chula Vista’s Recycling and Solid Waste Planning Manual shall be incorporated in site design and followed by individual businesses with the Specific Plan area. F. Exterior Lighting 1. Exterior lighting shall be provided to illuminate outdoor areas including parking areas, loading areas, pedestrian pathways and building entrances. 2. All exterior lighting should be designed and incorporated into the building schemes to provide illumination appropriate for the level of activity and to avoid glare and spillover. 3. Lighting fixture types, quantities, and locations should be carefully considered to complement the architecture and ensure consistency with the lighting policies of the City of Chula Vista. 4. All fixture illumination shall be directed downward to minimize the spread of the beam, and all lighting standards should be hooded and designed to prevent light spillover. Exterior lights shall be shielded from intrusion into the future park area and to the areas to the south of the business park southern slope (OVRP). 5.4 Landscape Design Guidelines A. Landscape Objectives The landscape design guidelines establish general requirements for the various landscape design components of the Otay River Business Park and are intended 2018-03-06 Agenda Packet Page 430 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 47 to establish a cohesive landscape design theme that contributes to a project identity. They are consistent with current City of Chula Vista Standards, and allow for flexibility in application and execution. The landscape theme uses appropriate native and drought tolerant plant materials that provide a unifying concept that is consistent with the surrounding community. General Guidelines and Requirements include: 1. The Site landscape should use predominantly drought-tolerant plants, native and/or non-native, that require minimal irrigation and maintenance. 2. Landscape species selection and installation near sidewalks, pathways and paved areas, including streets, shall be based on preventing unreasonable damage to paving and pathways. Tree species with invasive root systems should be discouraged and oriented away from utility infrastructure. All street trees and trees planted within 10 feet of buildings or hardscape shall incorporate a root deflection device at the time of installation. 3. Landscaping should create a focus on entrances to parking lots and entrances to buildings to improve wayfinding for visitors, but be designed and maintained to eliminate spaces hidden from public view that could shield criminal activity. 4. Outdoor eating areas for employees and visitors are encouraged to be located where there are views of the future park area or along the southern boundary overlooking the Otay River Valley. 5. All public areas and rights-of-way shall have an automatic irrigation system to maximize irrigation efficiency and eliminate overspray on the adjacent hardscape surfaces. 6. The project landscaping should be compatible with the adjacent river valley to create a visually harmonious environment, with appropriate visual separation between the adjacent future park activity areas and the Business Park. 7. No less than 15% of each individual parcel shall be landscaped. 8. All landscape plans shall comply with CVMC Chapter 20.12 regarding Landscape Water Conservation. 9. Landscaping shall not impede the function of any biofiltration basins. 2018-03-06 Agenda Packet Page 431 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 48 B. Frontage Improvements The landscape design for the project is established for the public street rights- of-way by means of the standards listed below and in Chapter 5 of this Specific Plan, and implements provisions of the Main Street Streetscape Master Plan. The street frontage along public streets directly adjacent to the Site are of particular importance as they establish the first impression of the Otay River Business Park Specific Plan area and are highly visible to tenants of the business park, the local community, and visitors to Chula Vista. Street frontages on interior streets continue the visual theme throughout the Business Park. Sidewalks are interconnected to each other and to existing streets to improve pedestrian access and experience throughout the Business Park, and the separation of pedestrian and vehicular movement through landscaped parkways increases safety for pedestrians. Main Street 1. Themes and materials for this frontage have been chosen to be consistent with the Main Street Streetscape Master Plan. The agricultural economy of Chula Vista led to the incorporation of the City, and continued to be an important part of the Chula Vista economy. The ORBP site is within the section of Main Street identified to have the agriculture/rancho district theme in Section 5.5 of the Streetscape Master Plan reflecting this importance. 2. Vehicular access to Planning Area 1 of the Site will be from Main Street, therefore the landscaping along this street frontage should provide visual interest and way-finding for visitors coming by car or on foot. 3. A non-contiguous sidewalk and 7.25-foot parkway, per the Main Street Streetscape Master plan, along with new curb and gutter shall be provided along the frontage, and suitable landscaping provided in the parkway in compliance with the approved Main Street Streetscape Master Plan. Between the sidewalk and parking areas, shrubs and trees should be incorporated to screen parking and mark driveways using plant materials consistent with the Master Plan to extend the visual character of the streetscape onto the Specific Plan site. 4. The agricultural history of this site, as noted in the Main Street Streetscape Master Plan, should be reflected in a portion of the landscape design, such as through rows of planting to suggest row crops either along Main Street or along Fourth Avenue north of Faivre Street. A plaque or interpretive signage should also be included to recognize the former strawberry fields cultivated on the Site. 5. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 11 Cross Section for Main Street 2018-03-06 Agenda Packet Page 432 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 49 Fourth Avenue 1. A non-contiguous sidewalk and 6-foot parkway with new curb and gutter is required along the frontage from Main Street to the Specific Plan boundary. Landscaping should be located in the parkway to mark driveways and Faivre Street. 2. As addressed in the Main Street section above, the agricultural history of this site should be reflected in a portion of the landscape design along Fourth Avenue north of Faivre Street if not provided on Main Street. A plaque or interpretive signage should also be included to recognize the strawberry fields on the site prior to the Specific Plan. 3. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 12 Cross Section for Fourth Avenue 7th Avenue 1. A non-contiguous sidewalk and 7.5-foot parkway with new curb and gutter shall be provided along both sides from Main Street to Faivre Street, except in the section directly adjacent to the apartment parcel where sidewalk shall be contiguous with curb and gutter due to existing limitations. Suitable landscaping to harmonize with Main Street plantings should be located in the parkway, incorporating shrub and tree (where feasible) plantings to screen parking and mark driveways. 2. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 13 Cross Section for 7th Avenue Faivre Street 1. A non-contiguous sidewalk and 6-foot parkway with new curb and gutter shall be provided along both sides of the street between Broadway and Fourth Avenue. Suitable landscaping to harmonize with Main Street plantings should be located in the parkway, incorporating shrub and tree plantings to screen parking and mark driveways. 2. Landscaping elements shall not impede travel on the bicycle lane. Exhibit 14 Cross Section for Faivre Street Broadway 1. An 8-foot sidewalk contiguous with the curb and gutter is existing along Broadway. No additional parkway space or dedications are required. Future development plans should provide landscaping outside of the right-of-way, located between the sidewalk and parking areas and incorporating plantings to mark entries to the Specific Plan site. 2018-03-06 Agenda Packet Page 433 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR MAIN STREETSource:The Lightfoot Planning GroupEXHIBIT112018-03-06 Agenda PacketPage 434 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR FOURTH AVENUESource:The Lightfoot Planning GroupEXHIBIT122018-03-06 Agenda PacketPage 435 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR 7TH AVENUESource:The Lightfoot Planning GroupEXHIBIT132018-03-06 Agenda PacketPage 436 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR FAIVRE STREETSource:The Lightfoot Planning GroupEXHIBIT142018-03-06 Agenda PacketPage 437 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 54 C. Entries Project entries from the major streets provide an opportunity to identify and mark arrival to the Business Park. The landscaping at the entries will be a component of the design theme for the Business Park, and will set the tone for landscape design on the individual parcels or projects in the Business Park with the following guidelines: 1. Primary and Secondary Entries should be identified by the use of monument signage and a hierarchy of landscape materials. 2. The agricultural history should be reflected in monument design, along with the layout of the planting to resemble row crops that were formerly on the site, at the entries off of Fourth Avenue and/or Main Street. D. Otay River Valley Interface The southern portion of the Specific Plan is located within the floodplain of the Otay River. The planned grading design will raise the development portions of the SP above the 100-year floodplain of the Otay River, resulting in a slope along the southern edge of Planning Areas 2 and 3. The area of the Specific Plan south of the slope is in the floodway, and will be enhanced to create a transition between the developed area and the Otay River Valley. This transition area has been heavily disturbed except for a small area of sensitive biological habitat near the southwest corner of the Specific Plan. These areas will be treated as follows: Southern Boundary Manufactured Slope A slope created near the southern edge of the project boundary raises the project site elevation above the Otay River floodplain. The sloped portion of the lots facing the river will create a transition between the developed site and the Otay River Valley. This will be treated as follows: 1. Appropriate native plant material shall be utilized to enhance the area. The landscape palette for this slope is based on the Otay Valley Regional Park Design Standards and Guidelines, especially Section 4.3 Landscaping in Transition Areas for suggested tree species and Section 4.6 Landscaping Standards for All Sites. 2. A permanent irrigation system shall be provided in this area to allow for maintenance and replanting in the future as needed. 3. If any rip rap is needed, concrete rip-rap that is plain and left in the natural color is discouraged. Any rip-rap should be colored or designed in a way to blend with the native vegetation of the slope. 2018-03-06 Agenda Packet Page 438 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 55 4. Maintenance shall be provided in perpetuity by the parcel owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. Floodway Below the slope on the southern edge of the project boundary is the Otay River floodway. This is a transitional area to the Otay River Valley and will be treated as follows: 1. Any areas south of the slope that need to be disturbed in construction or remedial grading are to be hydroseeded with native species for erosion control. A temporary irrigation system shall be provided in this area during the native plant establishment period, and removed when planting is established, as required in the Otay Valley Regional Park Design Standards and Guidelines, Section 4.4 Landscaping in Natural Areas. 2. Maintenance of the Floodway Lot shall be provided in perpetuity by the property owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. Alternate maintenance arrangements may be provided if agreed to by the City of Chula Vista. Habitat Area A small amount of sensitive habitat is in the southwest corner of the project site. This area will be treated as follows: 1. The habitat area is to be placed in a Biological Open Space Easement. 2. The habitat area shall be protected and preserved, and will not require any supplemental planting unless otherwise determined and directed by conditions placed upon the project by the appropriate resource agencies. E. Bioretention Bioretention basins are located per the tentative map to handle all water runoff created by the Specific Plan area tentative map. Additional basins to control additional runoff created by development of individual parcels may be created in development plans for those parcels. 1. Maintenance shall be provided in perpetuity by the property owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. F. Future Park Area A future Community Park site is designated in the vicinity of the Specific Plan area by the Chula Vista General Plan discussion of the Main Street District. This 2018-03-06 Agenda Packet Page 439 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 56 area will be retained in its current condition and designated as a potential future park space available for purchase by the City of Chula Vista. 1. A Wetland Area is located on the southern end of the flood control channel as delineated on the tentative map. Any impact to this area during development of the Community Park shall be mitigated per City, State and Federal agency requirements as described in the Biological Assessment Report. 2. Former retention basins used during mining operations are currently considered Freshwater Marsh and therefore a biological resource. Any permanent impact to these areas during development of the Community Park shall be mitigated per City, State and Federal agency requirements as described in the Biological Assessment Report. Temporary impacts to these areas during any phase of development shall be revegetated with plant species appropriate to the Wetland but will not require additional mitigation. 3. Permanent landscaping is required only along the western edge of this area at the slope abutting the Business Park development, and along the parkway frontage of Faivre Street and Fourth Avenue. These areas shall be native plantings to support the OVRP design standards. 4. Any areas within the future park area adjacent to the slope or the proposed sidewalks that need to be disturbed in construction or remedial grading are to be hydroseeded with native species for erosion control. A temporary irrigation system shall be provided in disturbed areas during the native plant establishment period, and removed when planting is established or further landscaped by the City of Chula Vista in conjunction with park development. 5. Landscape design within the future park area shall refer to the OVRP Design Standards and Guidelines, especially Section 4.2 Landscaping in Urban Areas and Section 4.6 Landscaping Standards for All Sites, and the Chula Vista Greenbelt Trail design guidelines. 6. Erosion and silt control is required until the site is purchased and developed by the City. G. Planting Landscape design concepts for the Business Park are established to create a project identity through the creative use and placement of the plant materials in the streetscape and project entry landscape design. The agricultural economy of Chula Vista led to the incorporation of the City, and continued to be an important part of the City’s economy. This importance influenced the agriculture/rancho-themed portion of the Main Street Streetscape Master Plan. The proposed street trees incorporate some of the tree suggestions of this Plan in the landscape, along with other coordinated plantings. They are a mixture of 2018-03-06 Agenda Packet Page 440 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 57 evergreen and deciduous trees that provide interest by the way of form, texture and color. The ground plane provides color and interest for pedestrians, and can be arranged in a way to suggest the former row crops that existed on a portion of the Specific Plan site. Landscape design concepts adjacent to the Future Park area have been established to implement the Design and Development Standards of the Otay Valley Regional Park. Street trees and corresponding planting selections adjacent to this lot rely on native species to emphasize the connection of this lot to the Otay River Valley. The plant palette has been selected based on drought tolerance and suitability for the local climate, and excludes listed invasive species. Refer to Plant Palette for specific species recommended. Exhibit 15 Landscape 2018-03-06 Agenda Packet Page 441 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 58 LANDSCAPE PLANT PALETTE Plant Type Botanical Name Common Name Streetscape and Frontage Landscape Street Trees Brachychiton Populneus Kurrajong Lriodendron Tupifera Tulip Tree Lophostemon Confertus Brisbane Box Melaluca Linariifolia Paperbark Pinus Eladrica ‘Mondale’ Afghan Pine Quercus Virginiana Southern Live Oak Tipuana Tipu Tipu Tree Highlight Trees Jacaranda Mimosifolia Jacaranda Magnolia Grandiflora ‘Russett’ Russet Magnolia Agonis Flexuosa ‘Jervis Bay After Dark’ After Dark Peppermint Prunus Cerasifera ‘Krauter Vesuvius’ Krauter Purple Leaf Plum Eriobotyra Deflexa Bronze Loquat Shrubs and Ground Cover Bougainvilla X ‘Monsam’ Golden Jackpot Bougainvillea Callistemon X ‘Better John’ Better John Dwarf Bottlebrush Carissa Macrocarpa ‘Tomlinson’ Natal Palm Lantana Montevidensis ‘Gold Mound’ Gold Mound Lantana Nandina Domestica ‘Harbor Dwarf’ Dwarf Heavenly Bamboo Rhaphiolepis Indica ‘Bay Breeze’ Bay Breeze Hawthorn Westringia Fruticosa ‘Mundi’ Mundi Westringia Project Entry Landscape Orchard Trees Arutus Unedo Strawberry Tree Citrus Reticulate ‘Clementine’ Clementine Mandarin Orange Citrus Limon ‘Dwarf Lisbon’ Dwarf Lemon Citrus X ‘Mineola’ Mineola Tangelo Olea Europaea ‘Swan Hill’ Fruitless Olive Accent Ray “Row Crops” Aloe Striata Bougainvillea X ‘Singapore Pink’ Silhouette Bougainvillea Helictotrichon Sempervirens Blue Oat Grass Dianella Tasmanica ‘Silver Streak’ Silver Flax Lilly Dianella Revoluta ‘Baby Bliss’ Baby Bliss Flax Lilly Croposma X ‘Tequila Sunrise’ Tequila Sunrise Mirror Plant Echeveria Runyonii Topsy Turvy Echeveria Sedum Spectabile ‘Autumn Joy’ Autumn Joy Stonecrop Yucca Gloriosa ‘Recurvifolia’ Bright Star Yucca Aeonium Manriqueorum ‘Zwartkop’ Purple Crest Aeonium Phormium Tenax ‘Jack Spratt’ Jack Spratt New Zealand Flax 2018-03-06 Agenda Packet Page 442 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 59 Border Hedges Ligustrum Joponicum ‘Texanum’ Texas Privet Prunus Laurocerasus ‘Otto Luyken’ Otto Luyken English Laurel Pittosporum Tobita ‘Variegata’ Variegated Mock Orange Rhus Ovata Sugar Bush Pittosporum Tennifolium ‘Silver Star’ Kohuhu Viburnum Borkwoodii Burkwood Viburnum Main Street Landscape Chula Vista Main Street Specific Trees Olea Europaea Olivequer Quercus Ilex Holly Oak Pistacia Chinensis Chinese Pistachio Pyrus Calleryana ‘Bradford’ Callery Pear Shrubs Muhlenbergia Capillaris ‘Regal Mist’ Pink Muhly Grass Juncus SPP. Ruhs Carex SPP. Sedge Dietes SPP. African Iris Bioretention Landscape Shrubs and Ground Plane Dianella Caerulea ‘Little Becca’ Little Becca Flax Lilly Lomandra Longifolia ‘Nyalla’ Nyalla Mat Rush Dianella Tasmanica ‘Silver Streak’ Silver Flax Lilly Seslaria Autumnalis Autumn Moor Grass Seslaria Caerulea Blue Moor Grass Pennisetum ‘Eaton Canyon’ Eaton Fountain Grass Floodway Landscape Hydroseed Mix Encelia Californica California Encelia Eschscholzia Californica California Poppy Lasthenia Californica (Gracilis) Common Goldfields Lupinus Succulentus Arroyo Lupine Mimulus Aurantiacus Monkeyflower Sisyrinchium Bellum Blue-eyed Grass Plantago Insularis Plantain Penstemon Centranthifolius Scarlet Bugler Future Park Landscape Edge Trees Quercus Suber Cork Oak Quercus Agrifolia Live Oak Ground Plane Salvia Greggii ‘Furman’s Red’ Autumn Sage Hybrid Salvia Leucantha ‘Santa Barbara’ Santa Barbara Sage Cistus ‘Sunset’ Purple Rockrose Mahonia Repens Oregon Grape Arctostaphylos ‘Pacific Mist’ Manzanita Ribes Viburifolium Catalina Currant 2018-03-06 Agenda Packet Page 443 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 60 Southern Boundary Manufactured Slopes Trees Malosma Laurina Laurel Sumac Populus Fremontii Western Cottonwood Platanus Racemosa Western Sycamore Ceris Occidentalis Western Redbud Quercus Agrifolia California Live Oak Shrubs Rhamnus Californica ‘Eve Case’ Coffeeberry Ribes Viburnifolium Catalina Currant Ceanothus ‘Dark Star’ ‘Dark Star’ Lilac Salvia Apiana White Sage Rhus Integrifolia Lemonade Berry Epilobium Canum California Fuchsia Ground Covers Encelia Californica California Encelia Eschscholzia Californica California Poppy Lasthenia Californica (Gracilis) Common Goldfields Lupinus Succulentus Arroyo Lupine Mimulus Aurantiacus Monkeyflower Sisyrinchium Bellum Blue-eyed Grass Plantago Insularis Plantain Park Transition Hydroseed Mix Eschscholzia Californica California Poppy Acchilea Millefolium Yarrow Gazania Splendens Gazania Fastuca Glauca ‘Elijah Blue’ Elijah Blue Fescue Trifolium Repens White Clover Ornamental Slope Landscape Trees Acacia Stenophylla Shoestring Acacia Rhus Lancea African Sumac Podocarpus Henkelii Long-leafed Yellowwood Eriobotrya Deflexa Bronze Loquat Melaleuca Nesophila Pink Melaleuca Pinus Pinea Stone Pine Shrubs Callistemon Citrinus ‘Little John’ Little John Bottlebrush Westringia Fruticosa ‘Morning Light’ Coast Rosemary Rhaphiolepis Umbellata ‘Minor’ Dwarf Yeddo Hawthorn Ground Covers Juniperus Horizontalis ‘Wiltonii’ Blue Carpet Juniper Helictotrichon Sempervirens Blue Oat Grass Myoporum Pacificum Myoporum Agapanthus ‘Peter Pan’ Dwarf Variegated Agapanthus Malephora Lutea Purple Ice Plant 2018-03-06 Agenda Packet Page 444 Otay RiveR Business PaRksPecific PlancOncePtuallandscaPe exhiBitSource:The Lightfoot Planning GroupexhiBit15*Not to scale. Please refer to the Landscape Concept Plan for full detail.2018-03-06 Agenda PacketPage 445 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 62 H. Maintenance All required landscape areas shall be permanently maintained by property owners or a Business Owner’s Association created for the Specific Plan area. Maintenance includes watering, weeding, pruning, disease and pest control, fertilization, replacement of plant material and irrigation equipment as needed to preserve the health and appearance of site landscaping. Landscaping shall be maintained so that it does not interfere with vehicular sight distance, conflict with overhead utility lines, overhead lighting or pedestrian lighting and does not block pedestrian or vehicular access. Irrigation 1. Fully automated irrigation systems will be installed in all areas as required by the provisions of the Landscape Water Conservation 2. Ordinance, Landscape Manual, and The State of California Model Efficiency Ordinance, and shall be consistent with current Stormwater BMP’s. 3. Low flow and low precipitation equipment shall supply sufficient water for plant growth with a minimum water loss due to run off and overspray. 4. Irrigation systems shall use high quality, automatic control valves and other necessary equipment for proper coverage. 5. Irrigation controllers shall incorporate ‘SMART’ technology and the ability to self-adjust based on current environmental factors. I. Walls and Fences Parking Lot Screening Parking areas shall be screened with a landscaped berm, wall, or a solid plant material such as a hedge. If the alternate screening of walls or fencing are used as allowed per Section 4.2 (B), the following criteria shall apply: 1. Height to be at least 3.5 feet but not more than 6 feet. Any walls higher than 3.5 feet must be located beyond the setback area. 2. Solid masonry wall should use landscaping on both sides where feasible to soften the visual appearance and deter graffiti. 3. Open fencing may be allowed if solid planting (hedges) are used in conjunction to provide proper screening at the height specified in 5.2B. 4. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. 2018-03-06 Agenda Packet Page 446 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 63 Between Specific Plan Area and Adjacent Off-Site Commercial/Industrial Properties Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 1. Walls and fencing with a height up to 9 feet may be allowed, unless in the front setback, subject to approval by the zoning administrator. 2. Either solid or open fencing or walls, or a combination thereof, are permitted, but solid styles should be softened with landscaping where feasible to deter graffiti. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided. Loading Area, Outdoor Storage and Trash Area Screening 1. Walls up to 9 feet, extensions of the building, or wing walls may be used for screening loading areas or trash areas, and should use landscaping where feasible to soften the visual appearance and deter graffiti. Screening visible from the future park area or the Otay River Valley shall use vertical landscape elements to soften the screening walls. 2. Style of walls or fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided for any area exposed to public view. Chain link fencing with redwood or neutral-colored slating is acceptable for areas not visible to public view. Between Specific Plan Development and Southern Boundary Slope Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 1. Walls and fencing with a height up to 6 feet may be allowed. 2. Either solid or open fencing or walls, or a combination thereof, are permitted, but all styles shall be softened with landscaping on both sides to deter graffiti and enhance the natural aesthetics of the nearby Otay River Valley. Native plants are encouraged in these areas. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided. Between Specific Plan Development and Future Park Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 2018-03-06 Agenda Packet Page 447 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 64 1. Walls and fencing with a height up to 6 feet may be allowed, subject to approval by the zoning administrator. 2. Either solid or open fencing or walls or a combination thereof, are permitted, and shall be softened with landscaping. Along this boundary, fencing that provides for visibility and a sense of openness is encouraged, such as low fencing or designs with upper areas that are transparent/semi-transparent. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing shall be prohibited. Refer to the OVRP Design Standards and Guidelines, Section 5.3.2, regarding fencing adjacent to the future park area. J. Signage Otay River Business Park shall develop a Planned Sign Program with the initial Development Plan review. The Planned Sign Program is to be approved by the Planning Commission of the City of Chula Vista and shall address all project signage, such as but not limited to the following: 1. Entry monument signs 2. Building identification signage 3. Specific business identification signs 4. Directional signage 5. Temporary signage, such as for leasing and sales of businesses Characteristics to be addressed shall include:  type (free-standing, wall, etc.)  size of sign  overall height  quantity  locations to be allowed  design and material  illumination The Planned Sign Program shall adhere to applicable provisions of the CVMC Sign Ordinance: 19.60.005 through 19.60.300, 19.60.600, 19.60.700, 19.60.800, 19.60.810, 19.60.900, and 19.60.930. Additional regulations shall be adhered to as follows: Planning Area 1 shall refer to 19.60.500, and Planning Areas 2 and 3 shall refer to 19.60.580. 2018-03-06 Agenda Packet Page 448 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 65 K. Trails Trails in the vicinity of the ORBP include existing and planned trails within the Otay Valley Regional Park. There is an existing OVRP trail segment into the Regional Park within the southwest corner of the Specific Plan at Broadway. The Business Park design provides transitional vegetation and buffers between the development lots and the Otay River, which are not suitable for additional trail connectivity. The Specific Plan does not provide for any new trails from the Business Park development lots, rather, all trail access will be directed to approved trail locations as encouraged by the OVRP Concept Plan. The Business Park development will provide pedestrian and bicycle circulation along street frontages that will allow for connectivity to this approved trail, providing opportunities for people in the Business Park to readily access the regional park for recreation. The Future Community Park is anticipated to incorporate trail connections into the OVRP for additional linkages in the area. Specific design and configuration of such trail connections would be addressed as part of the future park planning process, and should follow the OVRP Design Standards and Guidelines for the design of trails in this area. 5.5 Sustainable Design Strategies  All new structures shall adhere to minimum Tier 1 standards of the CAL Green Code, the State of California Building Code Standards (Title 24).  Drought-tolerant landscape and low water use irrigation fixtures are required to reduce dependency on potable water.  Promote water conservation efforts for the Specific Plan area and individual businesses.  Promote the use of renewable energy by encouraging photovoltaic (solar) panels.  Encourage all buildings to take advantage of natural ventilation and natural day lighting.  Encourage building materials to be of recycled content or rapidly renewable, and locally-sourced.  Promote the use of alternative forms of mobility not dependent on fossil fuels, including the installation of electric vehicle charging stations in parking areas, the provisions of bicycle racks near building entries, changing rooms and showers for bicycle commuters, and the accommodation of scooter and motorcycle parking. 2018-03-06 Agenda Packet Page 449 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 66 CHAPTER 6 - INFRASTRUCTURE AND PUBLIC FACILITIES The Chula Vista General Plan’s Growth Management Element establishes the policy basis for growth management provisions, and the Public Facilities and Services Element establishes the city’s plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. The City of Chula Vista adopted a Growth Management Ordinance in 1991, last updated in 2014, (Chapter 19.09 of the CVMC) to address public services and ensure that development occurs where facilities already exist or that facilities are provided during the development, with standards to ensure that the City can maintain a standard for quality of life issues for residents of Chula Vista. One of the key provisions relative to the western Chula Vista area is to promote revitalization and redevelopment of older portions of the city, and this Otay River Business Park Specific Plan (ORBPSP) will implement those goals. Facility Master Plans / Development Impact Fees (DIF) The City of Chula Vista utilizes facility master plans to plan for future adequacy of public facilities and services at build-out of the City. They contain assumptions regarding existing and projected land uses and development projections, and identify specific facilities that will serve the build-out of future development, along with phasing and cost estimates. Development Impact Fees and other associated funding programs are established based on the needs identified in the master plans. To ensure that capital facilities will be constructed for the benefit of new development, Development Impact Fees (DIF) are to be paid for each development project within the city. DIFs are one-time charges that fund capital construction of additional sewer systems, roads, libraries, parks and recreation facilities, etc. made necessary by the presence of new residents and uses. Costs are apportioned to individual units of remaining development by type (residential, commercial, industrial) and are regularly reviewed for potential updates considering changing land uses, costs and/or other circumstances. Public Facility Financing Plans (PFFPs) Section 19.09.080 of the CVMC discusses the requirement for the creation of a Public Facilities Financing Plan (PFFP). The ORBPSP area is in western Chula Vista, outside of the PC Zone. In this area, the Chula Vista regulatory framework has been established to encourage and manage desirable development and redevelopment, given the unique development challenges faced in this area. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, which may require improvements or dedications; and through payment of Development Impact Fees. This chapter of the Specific Plan is intended to function as an equivalent to a PFFP for the future development in accordance with the ORBP Specific Plan and Tentative Map. Financing mechanisms discussed in Section 6.3 below show that the Otay River Business Park Specific Plan will be responsible for dedications and improvements to facilities that could be affected by the development of a business park on this site. This Specific Plan section identifies the financial responsibility, and financing method for each public facility, and includes a summary of phasing to ensure threshold compliance during project construction. 2018-03-06 Agenda Packet Page 450 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 67 Development within the ORBP will also pay DIF fees to account for the incremental effect of new development in accordance with the Facility Master Plans. Fiscal Impact Analysis (FIA) The industrial and commercial uses within the ORBP will fund and construct for infrastructure needed for those uses and will pay Development Impact Fees to cover incremental costs associated with the new development of this area. As a non-residential project generating jobs, increased property tax and sales tax revenues, the City (through the Development Services Director) has determined that the project will have a positive fiscal impact, and a separate Fiscal Impact Analysis is not required for this Specific Plan. 6.1 Public Facilities and Services Each of the facilities and improvements necessary for development of the ORBP is discussed in this section. Specific location and design for these improvements are shown on the Tentative Map, to implement these Specific Plan requirements. A. Circulation and Access Development of the ORBP will include construction of new streets and improvement of existing frontage streets adjacent to the Specific Plan area, to provide adequate circulation for vehicles, bicycles and pedestrians. A description of these improvements by street is provided below to outline the circulation and access requirements of the Specific Plan. Details of these improvements will be shown on the Tentative Map, and implemented in accordance with the phasing discussed in Section 6.2. All circulation and access improvements shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Main Street adjacent to the Site on the northern boundary of the Specific Plan is the primary vehicle access to the area from Interstates 5 and 805. The City of Chula Vista has adopted the Main Street Streetscape Master Plan (MSSMP) for this segment. This is a framework plan for a “Complete Street” - a balanced, connected, safe, and convenient transportation network designed to serve all users regardless of their mode (via walking, biking, and transit, or driving cars or trucks). The plan outlines improved bike and pedestrian connections along Main Street, promotes water conservation by incorporating green street design elements such as curb extensions, medians with drought tolerant vegetation, and shade trees, and establishes a street theme and identity for specific segments of the street. This Specific Plan requires improvements consistent with the Main Street Streetscape Master Plan (http://www.chulavistaca.gov/departments/development-services/planning) and improvements to be implemented in conjunction with development of the ORBP are outlined below. 1. An 8.5-foot dedication along the project boundary (south side of Main Street) shall be made to the City of Chula Vista, with a new median and 2018-03-06 Agenda Packet Page 451 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 68 restriping provided as shown on exhibit 11 to accommodate specified lane widths and medians in the MSSMP. 2. Curb, gutter, and non-contiguous sidewalk, per the MSSMP, meeting ADA standards, shall be provided along the Specific Plan frontage. 3. A 5.75-foot bicycle lane and 2-foot buffer from vehicular travel lanes. 4. Existing electrical boxes at the corner of Main Street and Fourth Avenue shall be relocated in conjunction with site development to an appropriate location on the same corner, in order to accommodate the pedestrian and landscape improvements. 5. Two driveways on Main Street shall be permitted between 7th Avenue and Fourth Avenue, with locations to be approved by the City of Chula Vista Director of Development Services. Fourth Avenue on the eastern boundary of the Specific Plan area is a secondary access route to the northern portion of the site and will also connect with the extended Faivre Street. Improvements to be implemented by the Specific Plan are outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided on the west side of Fourth Avenue along the Specific Plan frontage. 2. A 5-foot bicycle lane and 3-foot buffer shall be included on the west side of Fourth Avenue along the Specific Plan boundary. 3. Parking on the west side of Fourth Avenue along the Specific Plan boundary shall be prohibited. 4. One driveway on Fourth Avenue shall be permitted between Main Street and Faivre Street, with location to be approved by the City of Chula Vista Director of Development Services. 5. Improvement of the intersection of Fourth Avenue and Faivre Street shall include a signalized intersection and crosswalks in accordance with the City of Chula Vista standards, to be approved by the City of Chula Vista Traffic Engineering Department. 7th Avenue is currently a public road providing access to adjacent residential and business uses, with limited pavement width and no curbs, gutters or sidewalks. It is to be extended to connect Main Street to the planned Faivre Street with additional improvements as outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided along the east side of 7th Avenue between Main Street and the proposed Faivre Street extension, and along the west 2018-03-06 Agenda Packet Page 452 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 69 side of 7th Avenue south of the existing Alley. Along the west side of 7th Avenue between Main Street and the existing Alley, the sidewalk may be contiguous to the curb and gutter due to existing landscape and improvements. 2. Vehicular lanes shall be reconstructed to a minimum of 11-foot wide, with a 6-foot dedicated, striped bicycle lane and 3-foot buffer on each side. 3. Driveway access to Planning Area 1 and Planning Area 2 on the east side of 7th Avenue may be provided as a shared driveway, or as two separate driveways, with final location and spacing to be approved by City of Chula Vista Director of Development Services. 4. Parking along 7th Avenue shall be prohibited. 5. Improvement of the intersection of 7th Avenue and Main Street shall include a signalized intersection and crosswalks in accordance with the Main Street Streetscape Master Plan. Faivre Street will be a new public street connecting Broadway to Fourth Avenue, creating an east-west access through the Specific Plan site. Improvements to this new extension of Faivre Street to be implemented under the Specific Plan are outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided along both sides of Faivre Street. 2. Vehicular lanes shall be a minimum of 11-foot wide, with a minimum of 5-foot wide striped bicycle lane on each side. 3. A 12-foot striped two-way left turn lane shall be provided for turning access into properties on both sides of the street to accommodate passenger cars and semi-trucks. Median curbs or other impediments to large trucks shall be prohibited within Faivre Street. 4. The intersection at Faivre Street and 7th Avenue may be an all-way stop. 5. Up to five driveways may be constructed on the south side of Faivre Street, and a total of four on the north side. Final driveway locations are to be approved by City of Chula Vista Director of Development Services. 6. Parking along Faivre Street shall be prohibited. Broadway on the western boundary of the Specific Plan provides a primary access to the southern portion of the site and to Faivre Street. Improvements to be implemented by the Specific Plan are outlined below. 2018-03-06 Agenda Packet Page 453 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 70 1. New corner curbs to meet ADA standards and curb, gutter, and contiguous sidewalks shall be provided on the north and south sides of Faivre Street abutting Specific Plan boundary to connect to existing sidewalks. 2. Existing driveways off Broadway into the Specific Plan property shall be closed. A new driveway into the project site south of Faivre Street may be constructed, with final location to be approved by City of Chula Vista Director of Development Services. 3. Improvement of the intersection of Broadway and Faivre Street shall include a signalized intersection and crosswalks in accordance with the City of Chula Vista standards, to be approved by the City of Chula Vista City Engineer. Alley, existing, is adjacent to part of the northern boundary of the Specific Plan just west of 7th Avenue to Broadway, and will provide secondary access to building pads in the northwest portion of the Specific Plan. Improvements to be implemented by the Specific Plan are outlined below. 1. Reconstruction and repaving of the alley to allow water runoff along the center of the alley shall be provided for the segment adjacent to the Specific Plan boundary and may include the off-site segment west of the Specific Plan boundary (7th Avenue to Broadway). 2. Lots between the Faivre Street extension and the Alley may have access from driveways off the Alley along the Specific Plan boundary. B. Water Facilities The project site is within the City of Chula Vista and water service is provided by the Sweetwater Authority, a joint powers public water agency. Existing water lines are located in Main Street, Fourth Avenue, and 7th Avenue to the project site. Additional water lines shall be provided for water, fire services and irrigation. A water supply, with new and replacement pipes sized for the project buildout estimates, shall be developed along 7th Avenue, the alley, and Faivre Street, connecting to the existing lines on Main Street and Fourth Avenue and creating a looped system. Stubs will be provided for future parcels or buildings. All new water facilities shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Exhibit 16 Water Utilities C. Sewer Facilities The project site is within the City of Chula Vista Wastewater Faivre Basin 1, and sewer service is provided by the City of Chula Vista. Existing sewer mains are 2018-03-06 Agenda Packet Page 454 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 71 adjacent to the property on Main Street, and through the Specific Plan property in an existing City of Chula Vista easement. Based on the sewer study provided with the Specific Plan, the existing lines have adequate capacity for the proposed land uses. New onsite sewer lines shall be provided in 7th Avenue to connect future parcels with these existing facilities. An existing sewer main easement on the site for the City of San Diego shall be maintained, with an addition to the easement per the associated tentative map. All new sewer facilities shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Exhibit 17 Sewer Utilities D. Stormwater and Drainage Facilities The City of Chula Vista Public Works Department is responsible for ensuring that safe and efficient storm water drainage systems are provided concurrent with development in order to protect the residents and property within the city. City staff reviews individual projects to ensure that improvements are provided which are consistent with the drainage master plan(s) and that the project complies with all City engineering drainage standards. The City of Chula Vista Subdivision Manual; Engineering Department and Land Development; Section 3, March 2012, provides design criteria to comply with city design standards. A storm drain system shall be incorporated into the project design that provides treatment for stormwater runoff within the Specific Plan project. This shall include bioretention and desiltation basins as necessary to meet water quality requirements, sized and located according to the proposed mass grading plan and tentative map. These and any future basins, pending approval of a development plan by the City of Chula Vista, shall connect to the existing storm drain outlet at the southwest corner of the property. Drainage from the adjacent public streets and the private lots may be combined into common basin(s). Maintenance of all storm water basins within the Specific Plan area, including any future basins located within private lots or within the public right-of-way adjacent to the private property shall be maintained by the owner(s) of properties within the Specific Plan through a Business Owner’s Association. Exhibit 18 Drainage Plan E. Electricity Power poles within the Specific Plan boundaries or directly adjacent to the Plan boundaries shall be undergrounded by the Site developer, except where the poles are providing overhead power service to existing uses that need to be maintained. 2018-03-06 Agenda Packet Page 455 OTAY RIVER BUSINESS PARKSPECIFIC PLANWATER UTILITIESSource:SanGIS 8-15K&S EngineeringEXHIBIT162018-03-06 Agenda PacketPage 456 OTAY RIVER BUSINESS PARKSPECIFIC PLANSEWER UTILITIESSource:SanGIS 8-15K&S EngineeringEXHIBIT172018-03-06 Agenda PacketPage 457 OTAY RIVER BUSINESS PARKSPECIFIC PLANDRAINAGE EXHIBITSource:SanGIS 8-15K&S EngineeringEXHIBIT182018-03-06 Agenda PacketPage 458 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 75 F. Solid Waste The City of Chula Vista has franchise agreements for solid waste removal and recycling services. Each building owner or tenant shall be responsible for any fees required for waste and recycling services. Treatment of solid waste shall comply with the City’s Recycling and Solid Waste Manual. G. Public Safety: Police Services, Fire and Emergency Services Police services will be provided by the City of Chula Vista. The nearest police station to the Specific Plan site is at 315 Fourth Avenue, approximately 3 miles north of the site. Fire and emergency services will be provided by the City of Chula Vista. The nearest fire department to the Specific Plan site is Fire Department Station No. 5 at 391 Oxford Street less than 2 miles away, with Stations No. 9 (266 E. Oneida Street) and No. 3 (1410 Brandywine Avenue), each located approximately 3 miles away. Development in accordance with the Specific Plan will provide a new public road (Faivre Street extension) parallel to and south of Main Street, between Broadway and Fourth Avenue, along with additional intersection and street frontage improvements that will improve circulation and access for police, fire and emergency response within the development area. As the site develops, the new industrial and commercial uses would add employees, customers and visitors to the site. This could result in an incremental increase in demand for police, fire and emergency services as associated with any new development. H. Schools The City of Chula Vista is served by the Chula Vista Elementary School District and the Sweetwater Union High School District. Since no residences are included as part of the Specific Plan, there is no potential for affecting the demand for school facilities within Chula Vista. I. Libraries Library services are provided by the City of Chula Vista. No residences are added as part of the Specific Plan that would increase population to affect the public library system of Chula Vista. J. Parks and Recreation The project site is not subject to the Growth Management Oversight Commission parks and recreation threshold as it is located on the west side of I- 805. However, the General Plan and the OVRP Concept Plan, which the property is within, identify a potential future park site within the vicinity of the subject property. The Specific Plan land uses designate approximately 13.9 2018-03-06 Agenda Packet Page 459 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 76 acres as undeveloped land available for purchase by the City of Chula Vista for use as a community park. 6.2 Construction Sequence The initial phase of construction shall be the mass grading and backbone infrastructure for the entire business park. This will include:  Wet and dry utility installation, including water, sewer storm drain, gas, electric, telephone and cable services  Street improvements including pavement, curb, gutter, sidewalk and parkway landscaping, with traffic signal installation  Bioretention basins per the mass grading plan  Landscaping of perimeter slopes  Erosion control on the future development lots and future Community Park site These improvements will allow for flexibility in the sequencing of development on individual parcels. Structure construction will be determined by future proposed development plans and building square footages have not been determined for this Specific Plan. 6.3 Financing Mechanisms A. Improvement Financing Several types of financing strategies and tools are available for financing development and necessary infrastructure improvements. Since this Specific Plan area is located at an infill location, no major offsite improvements are necessary at this time, and limited financing mechanisms are needed. For development within this Specific Plan area, funding for on-site facilities shall be provided directly by the project. This includes improvements within or across adjacent public rights-of way provided concurrent with the project development, such as local street improvements, utility connections from the main trunk lines, and drainage facilities. The construction of all public street right-of-way (ROW) and utility improvements, private onsite improvements including buildings, parking areas, landscape and hardscape, and amenities serving the project will be the responsibility of the developer/property owner. These improvements will be privately financed. 2018-03-06 Agenda Packet Page 460 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 77 The Public Facilities Development Impact Fees (PFDIF) dated October 2017 have been used to estimate fees and are subject to change as fees are amended by the City of Chula Vista. Fees based on acreage of proposed land use have been calculated per Specific Plan designations, estimated at 2.9 acres designated commercial (PA-1) and 28.3 acres designated industrial (PA-2 and PA-3). Fees based on building square footages will be calculated when development plans are submitted, as no structures are proposed with this Specific Plan and tentative map. A description of fees for each facility is discussed below, and summarized in Table #1. All fees are subject to change and annual increases and will need verification. Current fees can be determined through the City of Chula Vista (http://www.chulavistaca.gov/departments/finance/master-fee- schedule). Police The current Police PFDIF are $8,587/acre for Commercial use and $1,851/acre for Industrial use, due at the time of issuance of building permits. Fire and Emergency Services The current Fire and EMS PFDIF are $4,014/acre for Commercial use and $799/acre for Industrial use due upon issuance of building permits. Schools California Government Code Section 65995 et. seq. and Education Code Section 17620 et. seq. authorize school districts to impose facility mitigation exactions on new development as a way to address increasing enrollment caused by that development. For non-residential development the statutory fee rates as of September 2017 are $0.25 in the Chula Vista Elementary School District and $0.31 in the Sweetwater Union High School District for a combined total of $0.56 per square foot. Prior to the issuance of each building permit, the applicant(s) shall pay the School Facility Mitigation Fees in accordance with the fees in effect at the time of building permit issuance, which may be different than those listed above. Libraries Financing for the library system is provided by PFDIF fees which are assessed only for residential units. No impact fees are required for commercial or industrial developments, so no funding would be associated with the Specific Plan uses. Parks and Recreation Park acquisition and development fees are assessed only for residential units. The Specific Plan includes commercial and industrial uses west of I-805 and is not subject to fees for parks and recreation. Water Fees may be collected by the Sweetwater Authority for connection to existing lines, installation of water meters, and installation of fire protection system 2018-03-06 Agenda Packet Page 461 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 78 connection. Fees will be determined upon approval of development plans for the Specific Plan parcels. Sewer Final determination of sewer fees will be calculated at final map, and include but are not limited to the following: Administrative fees $220.00 per Sewer Connection Permit for commercial and industrial Sewerage Participation Fee $3,584 per Equivalent Dwelling Unit Tap into main, 4" lateral $600.00 without City lateral Tap into main, 6" lateral $760.00 without City lateral Connection Fee $16.00 per foot of property frontage Drainage All onsite storm water conveyance will be constructed by the developer of the Otay River Business Park. Basins and storm drains to control both the quantity and quality of runoff from the site will be constructed in conjunction with all mass grading activity. Additional requirements for storm water treatment will be designed and built in conjunction with structure design and construction associated with each additional phase. All storm drains within the commercial and industrial areas of the Specific Plan will be maintained by a Business Owner’s Association created for and funded by all businesses located within the Specific Plan. Stormwater facilities associated with the future community park would be designed, installed and maintained by the City in conjunction with other park facilities. Traffic Traffic Signal fees are collected to fund identified signals city-wide at key intersections, and are based on trip generation at $38.75 per driveway (total) trips. This fee has been calculated based on Average Daily Trips (ADT) estimated in the Traffic Impact Analysis. Driveway rates (7908 ADT) are based on general land uses of the SP and should be confirmed upon submittal of development plans. The traffic signal at the intersection of Main Street and 7th Avenue recommended by the Main Street Streetscape Master Plan shall be constructed by the developer, and is eligible for fee credits against the Signal fees. Two traffic signals that are project-specific and necessary for the Specific Plan shall be funded by the developer of the Specific Plan. These are located at the intersections of Broadway and Faivre Street and at Fourth Avenue and Faivre Street. The ORBPSP site is located west of Interstate 805 in the Western Territory of Chula Vista, and therefore subject to Western Territory Development Impact 2018-03-06 Agenda Packet Page 462 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 79 Fee of $68,160/acre for Retail Commercial (specialty retail/strip commercial), and $38,340/acre for Industrial Park (office/industrial uses clustered into a center, primary is industrial but may include high percentage of other services or retail). Civic Center The Civic Center PFDIF current at the time of this Specific Plan are $9,588/acre for Commercial use and $3,030/acre for Industrial use. Corporation Yard The Corporation Yard PFDIF current at the time of this Specific Plan are $8,301/acre for Commercial use and $3,909/acre for Industrial use. Program Administration The Program Administration PFDIF current at the time of this Specific Plan are $2,085/acre for Commercial use and $659/acre for Industrial use. Table #1 Otay River Business Park Specific Plan Facility Fee Summary Facility PA-1 PA-2 PA-3 Total Police $25,246 $19,084 $33,244 $77,574 Fire/EMS $11,801 $8,238 $14,350 $34,389 Schools tbd tbd tbd tbd Libraries n/a n/a n/a n/a Parks & Rec n/a n/a n/a n/a Water tbd tbd tbd tbd Sewer tbd tbd tbd tbd Drainage n/a n/a n/a n/a WTDIF $200,390 $395,285 $688,586 $1,284,261 Traffic Signal --- --- --- $306,435 Civic Center $28,189 $31,239 $54,419 $113,847 Corp. Yard $24,405 $40,302 $70,206 $134,913 Prog. Admin. $6,130 $6,794 $11,836 $24,760 Total $296,161 $500,942 $872,641 $1,976,179 * The Public Facilities Development Impact Fees (PFDIF) dated October 2017 have been used to calculate fees and are subject to change as fees are amended by the City of Chula Vista and the applicable school districts. Totals include only those fees calculated based on acreage (2.94 acres in PA-1, 10.31 acres in PA-2, and 17.96 acres in PA-3), and are estimates until the submittal of the final map. Fees calculated on building square footages are not included. 2018-03-06 Agenda Packet Page 463 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 80 B. Maintenance Financing The recurring maintenance costs for infrastructure and improvements will be provided as follows: Roadways Maintenance of vehicular travel ways, curbs, gutters and concrete sidewalks within the public rights-of-way will be provided by the City of Chula Vista and funded by the City’s tax revenue. Private driveways within the Specific Plan area and alleys adjacent to the Specific Plan area, which are not maintained by the City of Chula Vista, will be maintained by the property owners or Business Owners’ Association (BOA). Utility Infrastructure Maintenance of public utilities and facilities except as noted will be the responsibility of the City of Chula Vista (storm drains). Sweetwater Authority maintains water lines. Sewer laterals are maintained privately to the centerline by property owners or a BOA created for the Specific Plan area. Public service utilities contracted to private companies, such as solid waste disposal, will be maintained by the owner of the property. Private utilities, such as electric, gas, telephone, cable television and internet service will be maintained by the respective individual private utility company. Landscaping Maintenance of all landscape and hardscape on the project site and in the public rights-of-way, including bioretention basins, Main Street median installed by project, frontage improvements including sidewalks and parkways, walls, and connections to the public sidewalk from the project site, will be the responsibility of the property owners or BOA to be created for the Specific Plan area. 2018-03-06 Agenda Packet Page 464 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 81 CHAPTER 7 - PLAN IMPLEMENTATION AND ADMINISTRATION 7.1 Introduction This chapter describes the authority of a Specific Plan, the process that will be used to consider development applications and the administrative procedures required for amendments and/or modifications to the Plan. A Specific Plan is a regulatory tool that local governments use to implement their General Plan and to guide development in a localized area. While the General Plan is the primary guide for growth and development throughout a community, a Specific Plan is able to focus on the unique characteristics of a specialized area by customizing the vision, land uses and development standards for that area. This Specific Plan has been prepared and adopted pursuant to Section 65450 et. seq. of the California Government Code. 7.2 Specific Plan Adoption The Otay River Business Park Specific Plan shall not be effective unless and until it is adopted by an Ordinance of the City Council. Upon adoption, the Specific Plan implements the adopted General Plan by establishing the land uses, development regulations and design guidelines for the Specific Plan area. 7.3 Specific Plan Administration and Development Review Development projects within the Specific Plan area shall be subject to a design review process to ensure consistency with the Specific Plan, except as provided below. The Design Review Process is outlined in Chapter 19.14 of the Chula Vista Municipal Code. All developments within the Specific Plan area require submittal and approval of a Design Review Permit. To be approved, a development project must:  Comply with the permitted uses and development criteria contained in Chapter 4 - Development Regulations of this Specific Plan, and other applicable regulations contained in the CVMC; and  Be found to be consistent with the design requirements and recommendations contained in Chapter 5 - Design Guidelines of this Specific Plan and Section 5 of the OVRP Design Guidelines for Private Development.  Within the Future Park area, development shall comply with the OVRP Design Standards and Guidelines, Section 1-6. The design review permit will include all conditions of approval ranging from design, environmental mitigation measures, public improvements, and others as may be determined upon review of the specific development project. The design review process will ensure an enhanced level of review for major projects, while minimizing 2018-03-06 Agenda Packet Page 465 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 82 processing for minor projects, as defined by CVMC Section 19.14.582(g), as may be amended from time to time. In addition, proposed developments would also be required to adhere to existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions, as may be applicable. (See 2.55, 19.14, and 19.54, as may be amended from time to time). The provisions of the Zoning Ordinance relative to other discretionary permits or actions (e.g. Tentative Map, Conditional Use Permits) shall be applied as required based on individual development projects. Permitted land uses within the Specific Plan Area are identified in the Land Use Matrix in Chapter 4. The Development Services Director or his/her designee may determine in writing that a proposed use is similar and compatible to a listed use and may be allowed upon making one or more of the following findings:  The characteristics of and activities associated with the proposed use is similar to one or more of the allowed uses and will not involve substantially greater intensity than the uses listed;  The proposed use will be consistent with the purpose and vision of the applicable area;  The proposed use will be otherwise consistent with the intent of the Specific Plan;  The proposed use will be compatible with the other uses listed. The Development Services Director or his/her designee may refer the question of whether a proposed use is allowable directly to the Planning Commission for a determination at a public hearing. A determination of the Development Services Director or his/her designee, or Planning Commission may be appealed in compliance with the procedure set forth in the CVMC. 7.4 Existing/Nonconforming Uses Existing uses that are not listed in the allowable land uses table or determined to be permitted pursuant to the findings and procedure above are, upon adoption of this Otay River Business Park Specific Plan, considered to be nonconforming uses. Such uses shall not be allowed to continue in operation, and shall be abated no later than six months from the date the Specific Plan becomes effective. 7.5 Exemptions Exemptions to Specific Plan requirements include minor modifications to existing structures such as painting, maintenance or repair, re-roof, modifications that increase the total building area by 200 square feet or less (within a 2-year period) as well as other exceptions and modifications described in CVMC 19.16, as may be amended from time to time. 2018-03-06 Agenda Packet Page 466 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 83 7.6 Site Specific Variance Standards contained within the Specific Plan are mandatory requirements that must be satisfied for all new projects and building renovations except where the CVMC Variance regulations (Chapter 19.14.140 - 19.14.270, as may be amended from time to time) provide for a variation from the strict application of the regulations of a particular area. 7.7 Development Exceptions The land use and development regulations encourage the siting of a variety of land uses in an urban environment that is both pedestrian and environmentally sensitive. To further achieve this goal and promote innovative design, it may be necessary to be flexible in the application of certain development standards. As such, development exceptions may be authorized by the decision making body for the project if all of the following findings are made: 1. The proposed development will not adversely affect the goals and objectives of the Specific Plan and General Plan. 2. The proposed development will comply with all other regulations of the Specific Plan. 3. The exception or exceptions are appropriate for this location and will result in a better design or greater public benefit than could be achieved through strict conformance with the Specific Plan development regulations. Consideration of a development standard exception shall be concurrent with the review of the Design Review or other permit, as may be required pursuant to Section 7.3 of this Chapter. 7.8 Specific Plan Interpretations In instances where any section, subsection, sentence, clause, phrase, portion, or word contained within this Specific Plan is undefined, unclear or vague, then the Development Services Director shall make a determination as to its meaning and intent. The Development Services Director or his/her designee may elect to forward interpretations to the Planning Commission for final determination at his/her discretion. Corrections of typographical or administrative errors found in the Otay River Business Park Specific Plan document shall not require an Amendment to the Specific Plan. 2018-03-06 Agenda Packet Page 467 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 84 7.9 Specific Plan Amendment This document attempts to be comprehensive, but it is understood that not all things can be envisioned, and there may be situations where modifications in the Specific Plan may be necessary. The policies presented in the Specific Plan contain some degree of flexibility, but any Specific Plan amendments must be judged by relatively fixed criteria. The California Government Code (§ 65453) states that a Specific Plan “may be amended as often as deemed necessary by the legislative body.” Amendments to this Plan may be initiated by a developer, any individual property owner, or by the City, in accordance with any terms and conditions imposed during the original approval or in accordance with any terms and conditions pertaining to Chula Vista Municipal Code. The Development Services Director or his/her designee is responsible for making the determination of whether an amendment to the Specific Plan text or maps is needed. The applicant shall be required to submit a completed application with graphics, statements, or other information as may be required to support the proposed amendment. Amendment procedures are described below.  Proposals to amend the Specific Plan must be accompanied by detailed information to document the change required. This information should include revised Specific Plan text (or excerpt thereof) and revised land use diagram or map amendment, where relevant, depicting the amendment requested.  Preparation and review of the Specific Plan has been based on comprehensive analysis and best available information at the time of adoption. Any proposals to amend the Specific Plan must therefore document the need for such changes. The City and/or applicant should indicate the economic, social, or technical issues that generate the need to amend the Specific Plan. Costs incurred for the amendments shall be the responsibility of the party requesting the amendment.  The City and/or applicant must provide an analysis of the amendment’s impacts relative to the adopted environmental review document. Depending on the nature of the amendment, supplemental environmental analysis may be necessary. The need for such additional analysis shall be determined by the City of Chula Vista in accordance with the California Environmental Quality Act (CEQA Guidelines § 15162). A. Major and Minor Amendments The Development Services Director or his/her designee shall within 10 days of any submittal of a request to amend this Plan, determine whether the amendment is “minor” (administrative) or “major”. Major amendments (described below) require an advisory recommendation by the Planning Commission and approval by the City Council. If the amendment is determined to be minor, the Development Services Director, or his/her designee, may approve or deny the application. Minor amendments must be determined by 2018-03-06 Agenda Packet Page 468 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 85 the Development Services Director to be in substantial conformance with the provisions of the Specific Plan and do not include any changes described below for major amendments. Any decision of the Development Services Director, or his/her designee, may be appealed to the City Council, provided said appeal is initiated within 10 working days of receipt by the applicant of written notice of the decision of the Development Services Director, or his/her designee. Examples of “major” amendments include: 1. The introduction of a new land use designation not contemplated in the Specific Plan, as may be amended from time to time. 2. Changes in the designation of land uses affecting two acres or more from that shown in the Specific Plan, as may be amended from time to time. 3. Changes to the circulation system or other community facility which would materially affect a planning concept detailed in the Specific Plan, as may be amended from time to time. 4. Changes or additions to the design guidelines which materially alter the stated intent of the Specific Plan, as may be amended from time to time. 5. Any change which would result in new significant, direct adverse environmental impacts not previously considered in the prior environmental review. B. Necessary Findings The Development Services Director, or his/her designee will review the request for Specific Plan Amendment and all submitted supporting material and develop a recommendation on the Specific Plan Amendment for consideration by the Planning Commission and City Council. The Development Services Director or his/her designee may also request further clarification and submittal of additional supporting information, if necessary. The consideration of any proposed amendment to the Specific Plan shall require that the following findings be made: 1. Changes have occurred in the community since the approval of the original Specific Plan which warrants approving the proposed amendment; and 2. The proposed amendment is consistent with the General Plan for the City of Chula Vista; and 3. The proposed amendment will result in a benefit to the area within the Specific Plan; and 2018-03-06 Agenda Packet Page 469 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 86 4. The proposed amendment will not result in significant unmitigated impacts to adjacent properties; and 5. The proposed amendment will enable the delivery of services and public facilities to the population within the Specific Plan area. 2018-03-06 Agenda Packet Page 470 2018-03-06 Agenda Packet Page 471 2018-03-06 Agenda PacketPage 472 2018-03-06 Agenda PacketPage 473 2018-03-06 Agenda PacketPage 474 2018-03-06 Agenda PacketPage 475 2018-03-06 Agenda PacketPage 476 2018-03-06 Agenda PacketPage 477 2018-03-06 Agenda PacketPage 478 2018-03-06 Agenda PacketPage 479 2018-03-06 Agenda PacketPage 480 2018-03-06 Agenda PacketPage 481 2018-03-06 Agenda PacketPage 482