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Home My WebLink AboutPlanning Commission packet - Feb 08_2023 Date:Wednesday, February 8, 2023 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live: www.chulavistaca.gov/boardmeetings Welcome to your Planning Commission Meeting PUBLIC COMMENTS: Public comments may be submitted to the Planning Commission in the following ways: In-Person comments during the meeting. Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment: Visit www.chulavistaca.gov/boardmeetings and locate this meeting. Click on the comment bubble. Click on the item you wish to comment on, then click on "Leave comment." The commenting portal will close one hour before the meeting. All comments will be available to the public and the Planning Commission. If you have difficulty submitting eComments email your comments to PC@chulavistaca.gov. • Mail or email comments. Submit comments via email to PC@chulavistaca.gov or by mail to Planning Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • HOW TO WATCH: Live stream and recorded video of the meeting is available at www.chulavistaca.gov/boardmeetings. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Planning Commission meeting by contacting the Development Services Department at PC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Chair. Five minutes* for specific items listed on the agenda• Three minutes* for items NOT on the agenda (called to speak during Public Comments)• A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. • *Individuals who use a translator will be allotted twice the amount of time. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, and Chair Zaker 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.1 Design Review for a 41,930-Square Foot Office/Warehouse Building on a 2.5-Acre Site in the PA-2 Zone of the Otay River Business Park Specific Plan Located at 2775 Faivre Street 4 Environmental Notice: The Project was adequately covered in a previously adopted Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) (IS15- 0005/MPA15-0022; SCH #2017111012; adopted by Ordinance No. 3421 on March 13, 2018) for the Otay Ranch Business Park (“ORBP”) Specific Plan. 2023-02-08 PC Agenda Page 2 of 94 Recommended Action: Conduct a public hearing and adopt a resolution approving Design Review Permit DR22-0007 for the construction of a 41,930-square foot office/warehouse building on a 2.5-acre site within the PA-2 zone of the ORBP Specific Plan. 5.2 Consideration of the First Amendment to the Otay Ranch Village Two Development Agreement Between the City of Chula Vista and Baldwin and Sons, LLC and its Subsidiaries 30 Environmental Notice: The Project was adequately covered under a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01; adopted by Resolution No. SEIR-12-01 on November 4, 2014) for Otay Ranch Village Two Sectional Planning Area. Recommended Action: Conduct a public hearing and adopt a resolution recommending the City Council approve an ordinance authorizing the First Amendment to the Development Agreement by and between the City of Chula Vista and Baldwin and Sons, LLC. 6.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.1 Approval of Meeting Minutes 92 Recommended Action: Approve the minutes dated October 26, 2022. 7.DIRECTOR'S REPORT 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on February 22, 2023, at 6:00 p.m. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review by contacting the Development Services Department at pc@chulavistaca.gov. 2023-02-08 PC Agenda Page 3 of 94 P a g e | 1 February 8, 2023 ITEM TITLE Design Review for a 41,930-square foot office/warehouse building on a 2.5-acre site in the PA-2 zone of the Otay River Business Park Specific Plan Location: 2775 Faivre Street Environmental Notice: The Project was adequately covered in a previously adopted Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) (IS15-0005/MPA15-0022; SCH #2017111012; adopted by Ordinance No. 3421 on March 13, 2018) for the Otay Ranch Business Park (“ORBP”) Specific Plan. Recommended Action: Conduct a public hearing and adopt a resolution approving Design Review Permit DR22-0007 for the construction of a 41,930-square foot office/warehouse building on a 2.5-acre site within the PA-2 zone of the ORBP Specific Plan. SUMMARY Otay River Business Park Development, LLC (the “Applicant”) requests approval to construct a 41,930-square foot office/warehouse building (the “Project”). The Project is located on a vacant 2.5- acre site on the south side of Faivre Street, between Broadway and Seventh Street (“Project Site”). Zoning for the project site is PA-2 (“Planning Area 2”) per the ORBP Specific Plan. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was adequately covered in the previously approved MND and MMRP (IS15-0005/MPA15-0022; SCH #2017111012) for the ORBP Specific Plan, adopted by the City Council on March 13, 2018. No further environmental review is required. HOUSING IMPACT STATEMENT The Project Site is located within the PA-2 zone of the ORBP, which has an industrial land use designation that does not allow housing. No housing is proposed as part of this Project. 2023-02-08 PC Agenda Page 4 of 94 P a g e | 2 DISCUSSION On March 14, 2022, the Applicant applied for a Design Review permit to construct a 41,930-square foot office/warehouse building at 2775 Faivre Street, also known as Lot 8 within the ORBP. In accordance with Chula Vista Municipal Code (“CVMC”) Section 19.14.582, plans for the establishment, location, expansion, or alteration of structures in commercial and industrial zones shall require design review by the Planning Commission. Project Site Characteristics The 2.5-acre Project Site is a vacant parcel on the south side of Faivre Street, between Broadway and Seventh Street (Attachment 1 – Location Map). Properties to the north, south, and east of the Project Site are also vacant lots within the ORBP. The parcel to the north is currently in review with the City for the development of a 68,700-square foot office/warehouse building (DR21-0010). The adjacent parcel to the east was granted approval by the Planning Commission on September 14, 2022, to construct a 108,205-square foot office/warehouse building (DR21-0009) and further east to the Project Site the development of a 97,310-sqaure foot office/warehouse building (DR21-0036) was approved by Planning Commission on December 14, 2022. West of the Project Site is a vacant lot zoned Limited Industrial. The existing surrounding land uses are summarized as follows: Table 1 – Surrounding Land Uses General Plan Zoning District Current Land Use North Limited Industrial (IL) Planning Area 3 (PA-3) Vacant South Limited Industrial (IL) Planning Area 2 (PA-2) Vacant East Limited Industrial (IL) Planning Area 3 (PA-3) Vacant West Limited Industrial (IL) Limited Industrial (ILP) Vacant Project Description The proposed Project includes a single-story 38,920-square foot office/warehouse building with 3,010 square feet of interior mezzanine for office space. The ground level will be comprised of 20,000 square feet of manufacturing space, 11,930 square feet of warehouse space, and 6,990 square feet of additional office space. Other improvements include 105 off-street parking spaces, 16,332 square feet of landscape area, two separate trash enclosures, four loading docks, and enhanced paving at driveway entrances. Site amenities include bike racks and an outdoor employee patio area furnished with tables, chairs, and umbrellas. The Project meets all applicable parking, setback, and building height requirements, as summarized in the table below: 2023-02-08 PC Agenda Page 5 of 94 P a g e | 3 Table 2 – Development Standards Lot Area 108,900 square feet (2.5 acres) Lot Coverage (50% maximum) 38,920 square feet (36%) Building Height (45-foot maximum) 37 feet, 6 inches Setbacks Required Front: 10 feet Side: 5 feet Rear: 5 feet Setbacks Proposed Front: 10 feet Side: 76 feet, 10 inches (west); 84 feet (east) Rear: 78 feet, 6 inches Floor Area Ratio (1.0 maximum) 108,029 square feet Floor Area Ratio Proposed 41,930 square feet (0.38) Off-Street Parking Required Office: 1 space per 300 square feet (10,000 square feet) = 33 spaces Manufacturing: 1 space per 800 square feet (20,000 square feet) = 25 spaces Warehouse: 1 space per 1,000 square feet (11,930 square feet) = 12 spaces Total: 70 spaces Off-Street Parking Proposed Standard: 68 spaces Electric Vehicle Charging: 14 spaces Clean Air/Vanpool/Electric Vehicle: 18 spaces Van Accessible Stalls: 1 space Accessible Stalls: 4 spaces Total: 105 spaces ANALYSIS In accordance with the ORBP Specific Plan and with the Design Review process, development in the ORBP shall comply with the Design Guidelines in Chapter 5 of the ORBP Specific Plan. The following provides an analysis of the proposed Project in light of the design guidelines and standards for all development in the Specific Plan area. Circulation and Site Access The proposed site design provides adequate circulation for truck turning and maneuvering throughout the site, such that any large truck may enter and exit the lot from Faivre Street and circumnavigate the proposed building without backing up into the public right-of-way. Two separate driveway entrances are proposed at each end of the Project Site along Faivre Street, with a 26-foot drive aisle circling the building. In accordance with Chapter 5.2(A)(2) of the ORBP Specific Plan, the proposed driveway entrances will align directly across from driveways on the opposite side of Faivre Street. 2023-02-08 PC Agenda Page 6 of 94 P a g e | 4 Parking and Loading The ORBP Specific Plan requires commercial/industrial projects to provide off -street parking at the following rates: • 1 space for every 300 square feet of office space • 1 space for every 800 square feet of manufacturing space • 1 space for every 1,000 square feet of warehouse space The Project would be developed as a shell office/warehouse building; therefore, the Applicant has proposed parking based upon an anticipated breakdown of uses consisting of 48 percent manufacturing, 28 percent warehouse, and 24 percent as office use. Based upon this anticipated use mix, a total of 70 off-street parking spaces are required. The Project proposes to provide a total of 105 on-site spaces. In accordance with Chapter 5.2(B)(2) of the ORBP Specific Plan, all parking areas will be screened from view of public streets with the installation of hedges planted between the parking areas and the public street. Loading docks will be provided on the eastern side of the proposed building; two near the frontage of the property and two towards the rear of the building. In accordance with Chapter 5.2(B)(3) of the ORBP Specific Plan, a 12-foot-high screening wall with enhanced landscaping will be built along the frontage of the property to help achieve minimal visibility of the loading docks from the public street. The screening wall will be an extension of the proposed building , which will maintain the architectural character of the overall Project design. Building Massing and Scale Variations in roof heights and forms will provide architectural interest and varying shadows. Wall planes are staggered to draw attention to entries and architectural features. Each building entry includes a metal awning and transom windows to emphasize those areas. A dark-colored concrete rectangular shape outlines the different tenant spaces to provide interest along the building facade. These features are consistent with Chapter 5.3 of the ORBP Specific Plan. The building was designed to be similar in style, color, and finishes to existing buildings in the business park development so that a campus feel could be created for the entire ORBP. Exterior Materials and Finishes All building materials will be high-quality and durable, require low maintenance, and will complement the design of the building. The proposed building consists of concrete tilt-up panels, which will be painted in compliance with the ORBP Specific Plan and consistent with similar development adjacent to the Project Site. Trash Enclosures and Other Screening Two freestanding trash enclosures will be located on the east side of the proposed building between the loading docks. In accordance with Chapter 5.3(E)(1) and (2), the enclosures will be placed near 2023-02-08 PC Agenda Page 7 of 94 P a g e | 5 the main structure and loading docks, and adjacent to the drive aisle for easy service access and circulation during loading operations. Proposed landscaping will be installed around the enclosures, and the installation of shrubs along the project frontage will help further screen the enclosures from the public street. Exterior Lighting In compliance with ORBP Specific Plan Chapter 5.3(F)(1) and (4), exterior lighting will be provided around the building and throughout the site to illuminate parking, loading, and pedestrian areas. Lighting will be directed downward to prevent light spillover and will be consistent with the City’s lighting policies. Landscaping All areas of the Project Site not covered by structures, parking, drive aisles, or hardscape will be appropriately landscaped. In accordance with Chapter 5.4(A)(7) of the ORBP Specific Plan, no less than 15 percent of each individual parcel shall be landscaped. The Project design includes 16,332 square feet of landscape area, equal to 15.2 percent of the lot. Proposed landscaping consists of a blend of trees, shrubs, and ground cover throughout the site. Trees are provided along the street frontage, consistent with the surrounding properties, and are also provided adjacent to and within the parking areas to provide shading, as well as along the building frontage. In accordance with Chapter 5.4(A)(3) of the ORBP Specific Plan, the selection of landscape planting materials along the street frontage helps create a focus on entrances to the parking areas and entrances to buildings. All landscaping is designed to be consistent with existing business park developments and contribute to a campus feel for the area. CONCLUSION Staff recommends that the Planning Commission approve the proposed Project, subject to the conditions contained in the resolution. The proposed Project is consistent with the ORBP Specific Plan and applicable provisions of the CVMC. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 1,000 feet of the boundaries of the subject property. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. 2023-02-08 PC Agenda Page 8 of 94 P a g e | 6 FISCAL IMPACT There are no current year or ongoing fiscal impacts to the General Fund or Development Services Fund as a result of this action. All costs incurred processing this application are borne by the Applicant. ATTACHMENTS 1. Location Map 2. Planning Commission Resolution 3. Project Plans 4. Disclosure Statement Staff Contact: Arturo Ortuño, Associate Planner, Development Services Laura C. Black, AICP, Director of Development Services 2023-02-08 PC Agenda Page 9 of 94 Lor e m MAIN ST ANITA ST BROADWAYFOURTH AVBEYER BLBEYER WYTHIRD AVFAIVRE ST7TH STPROJECT LOCATION NORTH No Scale J:\Planning\Public Notices\DR22\DR22-0007.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS:2975 Faivre St Project Summary: Proposed warehouse and office in the Related cases: NoneDR22-0007 PROJECT APPLICANT:LOCATOR DESIGN REVIEWOtay River Business Park Development, LLC C H U L A V ISTA D E V EL O P M EN T SER V IC E S D EPA RT M E N T DR22-0007NORTH Otay River Business Park, Lot 8. City of Chula Vista City of San Diego 2023-02-08 PC Agenda Page 10 of 94 Attachment 2 RESOLUTION NO. 2023-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT (DR22-0007) FOR A 41,930- SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 2.48-ACRE SITE IDENTIFIED AS LOT 8 WITHIN THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN WHEREAS, on March 14, 2022, a duly verified application for a Design Review Permit (DR22-0007) was filed with the City of Chula Vista Development Services Department by Otay River Business Park Development, LLC (“Property Owner”); and WHEREAS, the area of land that is the subject of this Resolution is an existing vacant 2.48-acre parcel located at 2775 Faivre Street, between Broadway and Seventh Street (“Project Site”); and WHEREAS, the Applicant requests approval of a 41,930-square foot office/warehouse building within the PA-2 zone of the Otay River Business Park (“ORBP”) Specific Plan (“Project”); and WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section 19.14.582, plans for the establishment, location, expansion or alteration of structures in all multifamily residential zones and all commercial and industrial zones shall require design review by the Planning Commission; and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was adequately covered under a previous Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) (IS15-0005/MPA15-0022; SCH# 2017111012) adopted by the City Council on March 13, 2018; and WHEREAS City staff recommends approval and adoption of Design Review Permit (DR22-0007) for the Project; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission for consideration of DR22-0007, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing was held on the Project at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was thereafter closed; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 2023-02-08 PC Agenda Page 11 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 2 1. The proposed development is consistent with the City of Chula Vista’s General Plan, Title 19 of the CVMC, and the standards set forth in the Otay River Business Park Specific Plan. The ORBP Specific Plan allows for office, warehouse, manufacturing, and limited commercial uses on the Project Site. The Project complies with the City of Chula Vista’s General Plan and Title 19 of the CVMC, which allows for industrial uses. The Project complies with the ORBP Specific Plan for the allowable use, building height, setbacks, parking, and screening requirements for loading docks. 2. The design features of the proposed development are consistent with, and are a cost- effective method of satisfying, the ORBP Design Guidelines, the City of Chula Vista Design Manual, and the City of Chula Vista Landscape Manual. The design of the building incorporates several desired features from the ORBP Design Guidelines and City of Chula Vista Design Manual, such as varied facades and roof articulation, with a modern architectural theme that matches the precedent form and massing of the surrounding business park. Wall planes have been staggered to draw attention to entryways and architectural features. Each building entry is designed with a metal awning and transom windows to emphasize those areas. A dark-colored concrete rectangular shape outlines the different tenant spaces to provide interest along the building facade. All building materials will be high-quality and durable and will require little maintenance. The proposed building will match the colors of the existing buildings within the business park to contribute to a unified campus feel. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, does hereby approve the Design Review Permit, subject to the following conditions: I. Unless otherwise specified, the following shall be accomplished to the satisfaction of the Director of Development Services or their designee prior to issuance of building permits: Planning 1. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and colored building elevations approved by the Planning Commission. 2. Future uses of tenant spaces shall be restricted in size, type, and location as depicted on Sheet A-1 (floor plan) of the approved Design Review plan set. Any changes to the future tenant uses that vary from this approval can be considered administratively by the Zoning Administrator. 2023-02-08 PC Agenda Page 12 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 3 3. A graffiti-resistant treatment shall be specified for all exterior wall and building surfaces. Additionally, the Project shall conform to Chapter 9.20 of the CVMC regarding graffiti control. 4. All roof appurtenances, including air conditioners and other roof-mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Director of Development Services. Such screening shall be architecturally integrated with the building design. 5. All ground-mounted utility appurtenances (transformers, air conditioning condensers, etc.) shall be located out of public view and adequately screened using a combination of concrete or masonry walls, berming, and/or landscaping. 6. All exterior lighting shall include shielding to reduce any glare onto adjacent residences and properties. Details for said lighting shall be included in the architectural plans. 7. A separate sign permit shall be required for any proposed signage on the Project Site, and proposed signage shall be consistent with the provisions of the comprehensive sign program for the ORBP approved on December 10, 2019. 8. Prior to issuance of grading and/or building permits, the Applicant shall demonstrate compliance with applicable conditions of the ORBP Specific Plan’s Mitigation Monitoring and Reporting Program, as outlined in IS15-0005/MPA15-0022. Land Development 9. The Applicant shall comply with all requirements and guidelines of the ORBP Specific Plan; the CVMC; the Chula Vista Subdivision Manual; the Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects (“BMP Manual”); Chula Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act. 10. The Applicant shall comply with all applicable conditions of approval for Tentative Map PCS-16-0007. 11. All driveways shall conform to the City’s sight distance requirements in accordance with Section 12.12.130 of the CVMC and Chula Vista Standard Drawing RWY-05 (“Sight Distance Requirements”). Neither landscaping, street furniture, nor signs shall obstruct the visibility of drivers at street intersections or driveways. 12. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities Act (“ADA”) Standards, and Title 24 standards, as applicable. 13. The Applicant shall submit grading plans to the Land Development Division for processing, reviewing, and permitting in conformance with the City’s Subdivision Manual. 2023-02-08 PC Agenda Page 13 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 4 14. The Storm Water Quality Management Plan (“SWQMP”) is conceptually complete and provides sufficient information regarding the Project Best Management Practice’s (“BMPs”) objectives. Additional requirements may be imposed at the time of development and/or at the time application for a Land Development permit is made, depending upon the submitted final plans. 15. The Drainage Report is conceptually complete and provides sufficient information regarding the Project’s drainage objectives. Additional requirements may be imposed at the time of development and/or at the time application for a Land Development permit is made, depending upon the submitted final plans. 16. Prior to the issuance of any grading, construction, or building permit, the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with the City for the perpetual maintenance and funding of all post-construction permanent BMP facilities within the Project Site. Such agreement shall be devised to the satisfaction of the City Engineer. 17. The Applicant shall submit a detailed Operation and Maintenance (“O&M”) plan for all permanent BMPs to preserve the intended pollution control and/or flow control performance of the BMPs. Upon completion of the BMPs/Project, the Applicant shall update/finalize the O&M plan using as-built plans and baseline photos to reflect actual conditions. 18. Prior to grading permit issuance, the Applicant shall provide a complete and accurate Notice of Intent (“NOI”) filed with the State Water Resources Control Board (“SWRCB”) for the Project as covered under the Construction General Permit (“CGP”). A copy of the acknowledgement from the SWRCB that a NOI has been received for this Project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this Project shall be filed with the City of Chula Vista when received. 19. Prior to approval of the grading plans, the Applicant shall clearly identify the limits of the existing and proposed 100-year floodplain boundaries for the drainage way within the Project Site. 20. Prior to release of the grading bond for the Project, the Applicant shall submit a finalized Letter of Map Revision from the Federal Emergency Management Agency (“FEMA”) documenting that the Project is no longer located within the floodplain. 21. The onsite sewer and storm drain system(s) shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 22. Prior to issuance of any building permits, the Applicant shall provide the City with proof of Pad Certification. 2023-02-08 PC Agenda Page 14 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 5 23. Prior to issuance of the first building permit or first improvement plans approval, the Applicant shall obtain and provide to the City a “Will Serve” letter from the Sweetwater Authority District. 24. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. 25. Prior to issuance of any building permits, the Applicant shall obtain a construction permit for the private driveways and associated signage and striping in the City’s right-of-way, including, but not limited to the installation of stop signs, limit lines, and stop legends at the exits of both proposed driveways. 26. Proposed private water and fire line structures must be submitted on a separate building plan and permitted by the Building Division and Fire Department. 27. Proposed Fire Access Roads and Driveways shall meet H-20 loading requirements or shall be designed for a Traffic Index (“T.I.”) of 5. 28. Prior to final building inspection, the infrastructure serving the Project Site shall be constructed and fully operational to the satisfaction of the Director of Development Services. 29. Prior to construction or building permit issuance, the Applicant shall obtain an encroachment permit for any private facilities within public rights-of-way and/or City easements. 30. In the event Lot 8 of Map 16399 and adjacent Parcel 1 of Lot Line Adjustment, LLA 21- 0004, are not under the same ownership, a recorded reciprocal private shared access easement for the shared driveway entrance shall be required. 31. Prior to grading plan approval, the Applicant shall upload digital files, in a format such as AutoCAD (.dwg or .dxf) (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above to the City’s digital submittal file upload website at: http://www.chulavistaca.gov/goto/GIS. The site only accepts zip formatted files. 32. The Applicant is advised that there may be additional requirements set at the time his/her development takes place, depending upon final plans submitted for grading, improvement, and/or building permits. 2023-02-08 PC Agenda Page 15 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 6 Landscape 33. Prior to the second submittal of the building permit set, the Applicant shall submit a complete set of Landscape Improvement plans for review and approval by the Director of Development Services or designee. For further information about submitting landscape improvement plans and to download a Landscape Improvement review packet, see the following link. https://www.chulavistaca.gov/departments/development- services/resources/dsdformsspecifications. Said plans shall conform to the following City documents, including but not limited to: a. Landscape Water Conservation Ordinance (“LWCO”), Chapter 20.12 of the CVMC b. City of Chula Vista Landscape Manual c. Shade Tree Policy (576-19) 34. Prior to the first submittal of the landscape improvement plans, the Applicant shall verify and coordinate the locations of tree plantings to ensure all planting areas, especially for trees shading parking areas and along the north side of the building, are consistent throughout the Project and various disciplines’ sheets. 35. Prior to the final building inspection, the Owner shall have installed landscape improvements and have had said improvements inspected by City staff, per approved Landscape Improvement Plans, to the satisfaction of the Director of Development Services or designee. II. The following ongoing conditions shall apply to the Project Site as long as it relies upon this approval: 1. The Applicant shall maintain the Project in accordance with the approved plans for DR22- 0007, which include a site plan, floor plans, and elevations on file in the Development Services Department. The Project shall also maintain compliance with the conditions contained herein and Title 19 of the CVMC. 2. Approval of this Project shall not waive compliance with any provisions of the CVMC nor any other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner shall and do hereby agree to fully and timely indemnify, reimburse, protect, defend, and hold harmless the 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 any costs and expenses to prepare the administrative record for any challenge to the Project approvals and/or compiling a response to a Public Records Act request(s) to provide the record of proceedings materials for the Project, the City’s costs to retain its own defense counsel to defend any challenge to any Project-related approvals, court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the City’s approval and issuance of this permit and (b) the City’s approval or issuance of any other permit or action, whether 2023-02-08 PC Agenda Page 16 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 7 discretionary or non-discretionary, in connection with the use contemplated herein, and the Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The Applicant and Property Owner’s compliance with this provision is an express condition of this permit and shall be binding on any and all of the Applicant/operator’s successors and assigns. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan, the City’s Growth Management Ordinance (including its Water Conservation Plan), the Chula Vista Landscape Manual, the Chula Vista Design Plan, and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head with the approval of the City Manager; however, any material modifications shall be subject to approval by the Planning Commission. 5. This permit shall expire if not utilized within three years of the approval date or the end of any appeal period unless the Applicant initiates an extension prior to expiration of the permit in accordance with Section 19.14.600 of the CVMC. 6. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. III. GOVERNMENT CODE SECTION 66020(d)(1) 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; that any such protest must be in a manner that complies with Government Code Section 66020(a); and that failure to follow this procedure in a timely manner will bar any subsequent legal action to attack, review, set aside, void, or annul 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, nor does it apply to any fees, dedication, reservations, or other exactions that have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. 2023-02-08 PC Agenda Page 17 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 8 IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy shall be returned to the Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the Project and corresponding application(s) for building permits and/or a business license be held in abeyance without approval. Owner/Applicant: ________________________________ ________________________ William Mayer Date for Otay River Business Park Development, LLC V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to be met, or in the case that they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated and that, in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be automatically revoked and of no further force and effect. Presented by: Approved as to form by: _________________________ _____________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2023-02-08 PC Agenda Page 18 of 94 PC Resolution No. 2023-04 February 8, 2023 Page 9 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of February 2023, by the following vote, to-wit; AYES: NOES: ABSENT: ABSTAIN: _________________________ Max Zaker, Chair ATTEST: ________________________ Patricia Salvacion, Secretary 2023-02-08 PC Agenda Page 19 of 94 Sheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.20225PARKING STALL COUNTELECTRICAL TRANSFORMER PAD:FIRE HYDRANT (NEW PRIVATE U.N.O.):DOUBLE CHECK VALVE (PRIVATE):19'-0"9'-0"25'-0" HIGH PARKING LOT LIGHTS:SITE ACCESSIBLE PATH OF TRAVEL(MIN. 4' WIDE)PARCEL LINES1ACCESSIBLE PARKING STALL (9' WIDE X 19' DEEP), 2%MAX. SLOPE IN ANY DIRECTION. VAN ACCESSIBLE ONLEFT SIDE OF MARKED 8' WIDE STEP-OUTSHORT-TERM BIKE PARKING - LOOP BIKE RACKCARPOOL AND ZERO EMISSION PARKING STALLSELECTRIC VEHICLE CHARGING STATIONS (RACEWAY INSTALLED)OUTDOOR AMENITY AREA - REFER ALSO TO LANDSCAPE PLANS12' HIGH SCREEN WALL PER STRUCTURALGAS METER AND GAS STUB UPFIRE CONTROL ROOMELECTRICAL ROOMTYPICAL PARKING STALLS:23456SITE PLAN789101112ACCESSIBLE PATH AT LESS THAN 2% SLOPE, PAINTED PEDESTRIAN PATH WITH DIRECTIONALSIGNAGE, ACCESSIBLE CURB RAMPS PER CITY STDS., TRUNCATED DOME INDICATORS PERCITY STDS. AT DRIVE AISLE CROSSINGS50'20'10'5'0SCALE: 1" = 20'-0"PROPERTY LINECONTACT: MILOS MAKARICSCA ARCHITECTURE13280 EVENING CREEK DR # 125SAN DIEGO, CALIFORNIA 92128PHONE: (858) 793-4777EMAIL: MILOS@sca-sd.comARCHITECT:CONTACT: RON STARKFAX: (949) 387-1303 PHONE: (949) 387-1323 IRVINE, CALIFORNIA 92618LANDSCAPE ARCHITECT:CIVIL ENGINEER:K&S ENGINEERINGSAN DIEGO, CA 921087801 MISSION CENTER CT 100PHONE: (619) 296-5565SWEETWATER AUTHORITYSWEETWATER UNION SCHOOL DISTRICTPARKING SUMMARYCITY OF CHULA VISTASAN DIEGO GAS & ELECTRICRIDGE LANDSCAPE8841 RESEARCH DR STE 200SITE PLAN LEGENDOWNER/APPLICANT:SUDBERRY PROPERTIESSAN DIEGO, CA 921215465 MOREHOUSE DR. STE 260PHONE: (858) 546-3000CONTACT: RICH SIMONSVICINITY MAPPROJECT DIRECTORYEXISTING GENERAL PLAN:SCHOOL DISTRICT:WATER DISTRICT:SEWER DISTRICT:PROPOSED LAND USE:EXISTING ZONE:A.P.N.:PROJECT ADDRESS:DESIGN REVIEWAPPLICATIONS:YESIII-BTYPE OF CONSTRUCTION:B, F-1, S-1OCCUPANCY:CITY OF CHULA VISTALIGHT INDUSTRIAL/LIMITED COMMERCIALILLOT 8, OTAY RIVER BUSINESS PARKPA-2FIRE NOTESSTORM DRAIN DISTRICT:GAS & ELECTRIC:FIRE SPRINKLERED: LEGAL DESCRIPTION:LOTS 1 THROUGH 12 INCLUSIVE OF CHULA VISTA TRACT NO. PCS 16-007OTAY RIVER BUSINESS PARK, IN THE CITY OF CHULA VISTA, COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THEOFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.FUTURE SEPARATE SIGN PERMIT REQUIREDSIGNAGE: (NOT INCLUDED IN THIS APPLICATION)PROJECT DATA41,930 S.F.TOTAL:38,920 S.F.1ST FLOOR:3,010 S.F.MEZZANINE:2. DESIGNATED FIRE LANES SHALL BECOME THE RESPONSIBILITY OF THEDEVELOPER TO HAVE SAID ACCESS RESTRICTIONS RECORDED, THATTHE OWNER IS RESPONSIBLE TO PROVIDE AND MAINTAIN TO IDENTIFYAND ENSURE ENFORCEMENT OF THOSE DESIGNATED ACCESS.1. AN AUTOMATIC FIRE EXTINGUISHING AND DETECTION SYSTEMS SHALLBE INSTALLEDCODESTHIS PROJECT WILL COMPLY WITH THE FOLLOWING CODES AS ADOPTEDAND AMENDED BY THE STATE OF CALIFORNIA AND CITY OF CHULA VISTA:·2019 CALIFORNIA BUILDING CODE·2019 CALIFORNIA ENERGY CODE·2019 CALIFORNIA FIRE CODE·2019 CALIFORNIA ELECTRICAL CODE·2019 CALIFORNIA PLUMBING CODE·2019 CALIFORNIA MECHANICAL CODE·2019 CALIFORNIA GREEN STANDARDSSHEET INDEX1AS1SITE PLAN1bAS1bTRUCK TURNING DIAGRAM2AS2TRASH ENCLOSURE DETAILS3A1FLOOR PLAN4A2ROOF PLAN5A3EXTERIOR ELEVATIONS6A3.1RENDERED EXTERIOR ELEVATIONS7C1TITLE SHEET8C2GRADING AND DRAINAGE PLAN9C3SECTIONS10C4STORMWATER PLAN11L1.1PRELIMINARY LANDSCAPE PLAN12L2.1PRELIMINARY PLANTING PLAN13E001ELECTRICAL NOTES SHEET14E002ELECTRICAL DETAIL SHEET15E101SITE PHOTOMETRICSLOCATION MAPOTAY RIVER BUSINESS PARKPROJECT SITESITE PLAN KEYNOTESBUILDING AREA SUMMARYTOTAL BUILDING AREA41,930 S.F. (INCL. 3,010 SF OF MEZZ)TOTAL REQUIRED PARKING SPACESOFFICE (1 PER 300 S.F.) @ 10,000 S.F. 33 SPACESMFG: (1 PER 800 S.F.) @ 20,000 S.F. 25 SPACESWAREHOUSE: (1 PER 1000 S.F.) @ 11,930 S.F. 12 SPACESTOTAL REQUIRED= 70 SPACESTOTAL PROVIDED = 105 SPACESFUTURE ELECTRIC VEHICLE CHARGING 13 REQUIRED 14 PROVIDED (RACEWAY INSTALLED)(INCLUDING 1 VAN ACCESSIBLE AND 1 ACCESSIBLE)CLEAN AIR / VANPOOL / EV18 REQUIRED18 PROVIDEDSHORT-TERM BICYCLE PARKING105 STALLS X .05 = 6 REQUIRED6 PROVIDED (OUTDOOR BIKE RACKS)VAN ACCESSIBLE STALLS (11B-208.2)1 PROVIDED, 1 REQUIREDACCESSIBLE STALLS (11B-208.2)4 PROVIDED, 4 REQUIRED(SEE AS2 FOR ACCESSIBLE DETAILS)LOT SUMMARY24'-0" FIRELANE:13144TH AVE. AND MAIN STBUS STOPBROADWAY AND MAIN STBUS STOP15ACCESSIBLE PARKING STALLS- SEE SHEET AS2 FOR ACCESSIBLE DETAILS1USPS8899990^5EV CHARGINGCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGING CLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVUSPSEV CHARGINGEV CHARGING8875101144PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEFAIVRE STREETBROADWAY 19'-0"26'-0"19'-0"5'-0"PROPOSED BUILDING38,920 SF 1ST+3,010 SF MEZZ.41,930 SF TOTAL AREA19'-0"26'-0"19' -0 " 9'-6"11'-0"19'-0"30'-0"19'-0"5'-0"16EXISTING CONCRETE ENERGY DISSIPATER223TYP. OF 63TYP. OF 63TYP. OF 64TYP. OF 104TYP. OF 4671589101113TYP.30'-0"DRIVE ENTRY24'-0"FIRE LANE24'-0"FIRE LANE 24'-0" FIRE LANE 10'-0" S.B.35'-0"DRIVE ENTRY0" S.B.0" S.B.0" S.B.5'-0"7' -10 " + / -TRASH ENCLOSURE- SEE SHEET AS2ALL GREEN WASTE/GRASS CLIPPINGS WILL BE RECYCLED BY THE CONTRACTED LANDSCAPE MAINTENANCECOMPANY AND WILL NOT BE DISPOSED OF IN THE LANDFILL. ALL CONCRETE IS 4200 PSI AND RATED TOWITHSTAND THE TONNAGE OF FULLY LOADED TRASH TRUCKS (MINIMUM THREE TRUCKS PER WEEK).FOOD WASTE/ORGANICS WILL BE RECYCLED AND NOT DISPOSED IN THE LANDFILL.USPS PARKING STALL w/ ADJACENT GROUND-MTD. TENANT MAILBOX W/LETTER LOCKER MAILBOX ONA 6" SLAB60'-0"PROPERTY LINETRANSFORMER, PAD AND BOLLARDS14629-040-35-006'-10"GROSS LOT AREA:2.50 ACRESMAX FAR: 1.0 MAX, LOT COVERAGE 50% MAXLOT 8: FAR: .38LOT COVERAGE:.3642' HIGH DOCK WALL PER STRUCTURAL1212MAX HEIGHT: 45'-0"PROPOSED HEIGHT: 36'-0" (38' AT ARCHITECTURAL FEATURES51ENHANCED PAVING PER LANDSCAPE PLANS16LOTS 1 AND 2 - DR21-0010LOTS 10 & 11DR21-0009LOT 978'-6"84'-0"129' -0 "EASEMENT PER CIVILPRIVATE SEWER EASEMENT PERCIVIL/MAP 1639950'-0" 35'-0" ALIGNED ALIGNED RET. WALLPER CIVIL70'-0"N88°39'26"WR=37.50' D=91°20'34" L= 59.71'N21° 0 6 ' 4 4 " E N88°39'26"W 19.04'EAST 231.77'N24°53'58"WN25°05'07"WN89°30'36"WN86°36'26"EEXIST. PUBLIC DRAINAGEEASEMENT PER CIVIL/MAP 1639935'-0"12'-0"50'-0"70'-0"2023-02-08 PC Agenda Page 20 of 94 Sheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.2022TRUCK TURNING DIAGRAM50'20'10'5'0SCALE: 1" = 20'-0"PROPERTY LINE VICINITY MAP1bUSPSEV CHARGINGCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGING CLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVUSPSEV CHARGINGEV CHARGINGPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEFAIVRE STREETBROADWAY PROPOSED BUILDING38,920 SF 1ST+3,010 SF MEZZ.41,930 SF TOTAL AREA0" S.B.0" S.B.PROPERTY LINELOTS 1 AND 2 - DR21-0010LOTS 10 & 11DR21-0009LOT 9EASEMENT PER CIVILALIGNEDSITE PLAN LEGEND24'-0" FIRELANE:24'-0"FIRE LANE WB-67WB- 6 7 WB-67WB-67WB-67 FOOT TRUCKWB-67WB-672023-02-08 PC Agenda Page 21 of 94 Sheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.2022TRASH ENCLOSURE PLAN 1/4" = 1'-0"CONC. SLAB CONC. PAVING 2AS25AS23AS2LINE OF BUILDING1'-0"O.H.LINE OF BEAM ABOVECOLUMN (4 PLACES)6AS2SLOPE 1/4" / FT. TYPICAL 6''H CURB4-YD. TRASH BIN4-YD.RECYCLE BIN6'-6"12' DEEPCONCRETE APRON.ENTIRE SITE ISVEHICULARCONCRETE PAVINGAT 4200 PSI2'-0"O.H.2'-0"O.H.6'-6"19'-6"8'-8" SLOPE 1/4" / FT. TYPICALFOOD/ORGANIC WASTE CART2'-0" O.H. 6'-0" 6" 1'-6" 8"8"3'-6"3X10 TS BEAMCAP ENDS1 1/2" METAL DECK SOLID ROOFCOVERING OVER ENCLOSUREWELD PLATE EMBEDFINISH GRADE PER CIVIL3/4" x 3/4" CHAMFERED CORNERSCONC. TILT-UP PANEL PAINT BOTHSIDES PER ELEVATIONSTOLLED CURB EDGES. TYP.1/2" = 1'-0"3" = 1'-0"CONSTRUCTION - GRIND ALLBURRS SMOOTH PRIOR TO PRIME AND PAINTNOTE : GATE IS ALL WELDEDCONT. ANGLE 2 1/2" x 2 1/2" x 3/16" THK. FRAME ALL SIDES3/16"11 2"3/16"WALL PER STRUCTURAL4''x 4'' EXTRA HEAVY DUTY FULLSURFACE HINGE. TYP. OF (4)FOUR AT EQUAL SPACING PERJAMB.4 x 4 x | TUBE STEEL POST VERTICALLY APPLIED STEEL DECKING.PATTERN NO. PER ELEVATIONCONT. ANGLE 2" x 2" x 3/16"AT MID-HEIGHTTRASH ENCLOSURE ELEVATION1/4" = 1'-0"NOTE:1. ALL STEEL TO BE GALVANIZED AND PAINTED.COLOR T.B.D. BY ARCH.2. WALL MATERIAL - TILT UP CONCRETE PERSTRUCTURALFOOD/ORGANIC WASTE CART- LABEL 'DO NOTDISPOSE IN LANDFILL'. MARK IN GREEN ANDCLEARLY LABELW/ PADLOCK CATCHHORIZ. CANE BOLTBOLT ANCHOR HOLE4" DEEP VERT. CANE1'-0"(QTY=3)8'-0". MIN. CLR. FOR OPNG. BIN LIDS5AS2TYP.6''5'-6'' 7''7''15''15'' 2'-6" 6'-0"VERTICALLY APPLIED 16 GA. PRIMEDAND PAINTED STEEL DECKING BY BHPSTEEL BUILDING PRODUCTS.(PATTERN NO. BF-36)1/4" = 1'-0"SIDE ELEVATION1/4" PER FOOT2'-6" FRONT REAR 6'-0"NOTE:1. ALL STEEL TO BE GALVANIZED AND PAINTED.COLOR T.B.D. BY ARCH.2. WALL MATERIAL - TILT UP CONCRETE PERSTRUCTURAL8'-6" 10'-0" +/- TRASH ENCLOSUREPAINTED BLUEBACKGROUNDINTERNATIONAL SYMBOL OFACCESSIBILITY STALL EMBLEM(PAINTED WHITE SYMBOL) PERC.B.C. SECTION 11B-502.6.4 AND11B-703.7.2.1PAINTED WHITE BORDERCBC 20192010 ADASADCENTER SYMBOL IN EACHACCESSIBLE STALL.3'-0"3'-0" 2" T Y P .2" TYP.R6 "LOWER SIDE ALIGNEDWITH THE END OF THEPARKING SPACE1" = 1'-0"PTD. PARKING ACCESSIBILITY SYMBOL"NO PARKING" & PED. WALKWAY STRIPINGCBC 20192010 ADASAD1/4" = 1'-0"DIAGONAL STRIPING w/4" WIDE STRIPES,WHITE TRAFFIC PAINT(2 COATS), TYP.FACE OF COLUMN,WALL, OR CURBTYP.3'-0"1'-0"1'-0"1'-0"45°2"2"NOTE: ACCESSIBLE AREAS SHALL HAVE 4" WIDE BLUE PAINT STRIPING1 1/2" = 1'-0"DETECTABLE WARNING @ ZERO CURBMAINTAIN 3'-0" WIDECOMPLIANT SLOPE AT ZERO CURB OR RAMP1/4" CONTINUOUS EXPANSION JOINT WHEREOCCURS @ CONCRETE PER PLAN, @ A.C.PROVIDE FLUSH CONDITION WITH NO JOINTTHICKEN SLAB TO 6" @ DOMES 6"3'-0" MIN.CONC. OR A.C. PAVING O/ BASE PER CIVIL, F.S.FLUSH WITH ADJACENT SURFACE10-1/4" JOINT @ CONC.1/8" RADIUS6" 2"CONCRETE SIDE WALK OR RAMP PER PLANSMUD SET TRUNCATED DOME TILES,TRUNCATED DOME PATTERN PERCOLOR PER LANDSCAPE DRAWINGS4"THICKENED EDGEZERO CURB, WHERE REQUIRED PAINT RED WITH"NO PARKING FIRE LANE" PER CITY FIRE DEPT.1 1/2" = 1'-0"CONCRETE WHEEL STOPASPHALT PAVINGROCK BASE#4 STEEL REBARS @ 1 FT. EA.SIDE OF EVERY JOINTCONCRETE WHEEL STOPPAINTED SAFETY YELLOW6"IDENTIFICATION SIGN12-13-14-4" WIDEBLUESTRIPESCONC. CURBMAX. SLOPE IN ANYDIRECTION SHALL BE 1.5%ACCESS AISLESTRIPING PERCONC. WHEELSTOP PER"NO PARKING WHITELETTERING19-PEDESTRIAN ROUTE -4" WIDE WHITE STRIPINGWHERE SHOWN ON PLANS1/8" = 1'-0"ACCESSIBLE PARKING STALL TYP.4" WIDE WHITE PAINTSTRIPES - TYP. ATNON-ACCESS. STALLS17-TRUNCATEDDOMES PER3'-0"1'-0"9'-0" MIN.8'-0"ACCESS AISLE9'-0" MIN.5'-0"ACCESS AISLE18-18'-0" MIN.4" WIDE PARKING STALLSTRIPES, WHITE TRAFFICPAINT (2 COATS), TYP.VAN ACCESSIBLERESERVED1/2'' RADIUS1/16'' ALUMINUM SIGN W/ BLUEBACKGROUND W/ WHITESYMBOLINTERNATIONAL SYMBOL OFACCESSIBILITY PER CBC SEC11B-703.7.2.1MIN. FINE $250MIN. FINE PER CBC 11B-502.6.260" MIN. A.F.F. OR GROUNDSURFACE MEASURED TOTHE BOTT. OF THE SIGNPER CBC 11B-502.6 - SIGNSLOCATED IN ANACCESSIBLE ROUTE TO BE80" MIN. A.F.F.FINISH SURFACE12"1" 24"NOTE:CONTRACTOR TO SUBMIT SHOPDWGS. IN ACCORDANCE WITHTHE CITY'S DESIGN GUIDELINES1-3/4" DIA. GALV. STL PIPE1"NOTE:SIGN TO BE CENTEREDAT THE INTERIOR ENDOF THE PARKING SPACESIGN SHALL BEREFLECTORIZED WITH AMIN. AREA OF 70 SQ.INCHES10"7"DESIGNATES FOR "VANACCESSIBLE" ONLY WHEREINDICATED ON PLANWHITE LETTERS ON BLUEBACKGROUND, TYP.ACCESSIBLE PARKING SIGN-VANCBC 20192010 ADASAD3" = 1'-0"1/2'' RADIUS1/16'' ALUMINUM SIGN W/ BLUEBACKGROUND W/ WHITESYMBOLINTERNATIONAL SYMBOL OFACCESSIBILITY PER CBC SEC11B-703.7.2.1MIN. FINE PER CBC 11B-502.6.2FINISH SURFACE12"1" 24"NOTE:CONTRACTOR TO SUBMIT SHOPDWGS. IN ACCORDANCE WITHTHE CITY'S DESIGN GUIDELINES1-3/4" DIA. GALV. STL. PIPE1"NOTE:SIGN TO BE CENTEREDAT THE INTERIOR END OFTHE PARKING SPACESIGN SHALL BEREFLECTORIZED WITH AMIN. AREA OF 70 SQ. INCHES10"7"WHITE LETTERS ON BLUEBACKGROUND, TYP.RESERVEDMIN. FINE $25060" MIN. A.F.F. OR GROUNDSURFACE MEASURED TOTHE BOTT. OF THE SIGN PERCBC 11B-502.6 - SIGNSLOCATED IN AN ACCESSIBLEROUTE TO BE 80" MIN. A.F.F.ACCESSIBLE PARKING SIGNCBC 20192010 ADASAD3" = 1'-0"LIMIT OF REQUIRED CONC.SIDEWALK LEVEL CLEARAREA W/ 1.5% MAX. SLOPE.IN ANY DIRECTIONSDETECTABLE WARNINGS(TRUNCATED DOMES) PERCBC 11B-705.1 & PERDETAIL48" MIN.CLR. AREA36" MIN.SLOPED CURB48" MIN.ZERO CURBSLOPED CURBCURB FACEACCESSIBLE CURB RAMPCBC 20192010 ADASAD1/4" = 1'-0"10-1.5%MAX.7.5% MAX.9.5% MAX.SLOPE9.5% MAX.SLOPE2023-02-08 PC Agenda Page 22 of 94 Sheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.2022FIRE CONTROLROOMELECT.ROOMFLOOR PLAN SKYLIGHT ABOVE- TYP.COLUMN- TYP.GAS METER/ STUBUP LOCATION016'32'8'2A3LADDER FORROOF ACCESS016'32'8'UP12' HIGH CONCRETESCREEN WALL12'X14' GRADELEVEL DOOR9'X10' DOCK LEVELDOOR- TYP. OF 4TELEPHONELINE OF MEZZANINEABOVELINE OF CANOPY ABOVE42" LOW WALL4A31A33A33CC1A245FEDB3AFEDB1245340'-0"47'-4"47'-4"47'-4"60'-0"242'-0"48'-6"48'-6"48'-0"48'-0" 193'-0"LINE OF CANOPY ABOVELINE OF MEZZANINEABOVE12'X14' GRADELEVEL DOOR42' HIGH CONCRETEDOCK WALL40'-0"42'-0"47'-4"36'-0"UP10'-6"22'-6"4'-6"CC1A245B3AB40'-0"47'-4"48'-6"48'-6"48'-0"48'-0"193'-0"DNDNLINE OF CANOPY42" LOW WALLPAINTED METAL MANDOOROFFICE AREAWAREHOUSE AREAOFFICE AREAOFFICE AREAOFFICE AREALINE OF CANOPYLINE OF CANOPY2023-02-08 PC Agenda Page 23 of 94 Sheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.2022ROOF PLAN016'32'8'ROOF HEIGHTS ARE GIVEN ABOVE THE FIRST FLOOR FINISH SLAB ELEVATIONS TO TOP OF ROOF SHEATHING.DENOTES MIN. ROOF SLOPE FLOW LINE1/4'' / FT.SLOPET.O.P.0'-0"0'-0"ROOF ELEVATION, FINISH FLOOR TO TOP OFROOF SHEATHING (TYP U.O.N.)TOP OF PARAPET ELEVATION, FINISH FLOOR TOTOP OF PARAPET (TYP U.O.N.)SINGLE CURB MOUNTED SINGE DOME SKYLIGHT WITH SMOKE HATCHAND FALL PROTECTION PER OSHA REQUIREMENTSFUTURE SOLAR ZONE1,420 SFRIDGECLASS 'A' 4 PLYBUILT UP ROOFSKYLIGHT- TYP.1/4" : 12" MIN. SLOPE1/4" : 12" MIN. SLOPE 4CC1A245FEDB3AFEDB1245338,920 SF38,920 SF 1,168373838,9201,16837,752 5,6635,6635,680ROOF AREA=REQUIRED SKYLIGHT AREA = x 3% = SFMINIMUM SKYLIGHT SIZE = 4' X 8' (32 SF)TOTAL NUMBER OF SKYLIGHTS REQUIRED FOR DAYLIGHTING =TOTAL NUMBER OF SKYLIGHTS PROVIDED =SKYLIGHT PER CEC SECTION 140.3 (MINIMUM 3% OF ROOF AREA)SOLAR ZONE CALCULATIONRIDGE 1/4" : 12" MIN. SLOPE 1/4" : 12" MIN. SLOPE 1/4" : 12" MIN. SLOPE 1/4" : 12" MIN. SLOPE 1/4" : 12" MIN. SLOPE1/4" : 12" MIN. SLOPE1/4" : 12" MIN. SLOPE1/4" : 12" MIN. SLOPEFUTURE SOLAR ZONE1,420 SFFUTURE SOLAR ZONE1,420 SFFUTURE SOLAR ZONE1,420 SF40'-0"47'-4"47'-4"47'-4"60'-0"242'-0"48'-6"48'-6"48'-0"48'-0" 193'-0"35'-6"T.O.P37'-6"T.O.P35'-6"T.O.P35'-6"T.O.P35'-6"T.O.P35'-6"T.O.P37'-6"T.O.P35'-6"T.O.P35'-6"T.O.P37'-6"T.O.P37'-6"T.O.P37'-6"T.O.P33'-0"33'-0"31'-6"31'-6"32'-0"31'-5"31'-5"32'-0"30'-9"30'-9"30'-9"30'-2"30'-2"29'-4"31'-1"31'-1"30'-2"30'-1"30'-1"ROOFHATCH2A34A31A33A3FUTURE ROOFTOPMECHANICAL EQUIPMENT(SCREENED FROM VIEW BYPARAPET)37'-6"T.O.P2023-02-08 PC Agenda Page 24 of 94 KEYNOTES/ LEGEND2" HORIZONTAL REVEAL IN TILT UP PANEL1" VERTICAL REVEAL IN TILT UP PANELPTD. MTL. MAN DOOR COLOR TO MATCH ADJACENT TILT PANELFRAMED CANOPY2"X4 1/2" ALUMINUM STOREFRONT, FRONT SET SYSTEM, w/CAPTURED HORIZONTALS ANDVERTICALS- w/ DUAL PANE TINTED GLAZING.GLAZING: PPG SOLARBAN 60 (2) SOLARBLUE + CLEAR.MULLIONS: CLEAR ANODIZEDFINISHED GRADEALUMINUM STOREFRONT SYSTEM @ WAREHOUSE REAR FACADE ONLY- 2"X4 1/2" STOREFRONT,FRONT SET SYSTEM- w/SINGLE PANE TINTED GLAZING.GLAZING: PPG SOLARBAN 60 SOLARBLUE.MULLIONS: CLEAR ANODIZEDPAINTED CONCRETE WALLCOLOR: SW 6000 SNOWFALLPAINTED CONCRETE WALLCOLOR: SW 2850 CHELSEA GRAYPAINTED CONCRETE WALLCOLOR: SW 9163 TIN LIZZIEPAINTED CONCRETE WALL/METAL CANOPYCOLOR: SW 7068 GRIZZLE GRAYSheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #11st DESIGN REVIEW COMMENTS7.11.2022--- OF 15DR22-000722nd DESIGN REVIEW COMMENTS9.19.2022016'32'8'EXTERIOR ELEVAITONS5 E -4''-0"+35'-6"+/-0''-0"+37'-6"+/-0''-0"+35'-6"ABCDF+35'-6"+/-0''-0"+37'-6"54213+/-0''-0"+37'-6"+35'-6"E -4''-0"+35'-6"+/-0''-0"+37'-6"+/-0''-0"+35'-6"ABCDF12''-0"12345+35'-6"+/-0''-0" -4''-0"+35'-6"+/-0''-0" -4''-0"016'32'8'016'32'8'016'32'8'12349'X10' DOCK LEVEL DOOR- TYP. OF 412'X14' GRADE LEVEL DOOR12' HIGH CONCRETE SCREEN WALL42' HIGH CONCRETE DOCK WALL2023-02-08 PC Agenda Page 25 of 94 KEYNOTES/ LEGEND2" HORIZONTAL REVEAL IN TILT UP PANEL1" VERTICAL REVEAL IN TILT UP PANELPTD. MTL. MAN DOOR COLOR TO MATCH ADJACENT TILT PANELMETAL STUD FRAMED CANOPY w/PLYWOOD SHEATHING, WATERPROOFING MEMBRANE, AND1/8" PREFORMED ALUMINUM PANEL SYSTEM - ALPOLIC CVG GREY2"X4 1/2" ALUMINUM STOREFRONT, FRONT SET SYSTEM, w/CAPTURED HORIZONTALS ANDVERTICALS- w/ DUAL PANE TINTED GLAZING.GLAZING: PPG SOLARBAN 60 (2) SOLARBLUE + CLEAR.MULLIONS: CLEAR ANODIZEDFINISHED GRADEALUMINUM STOREFRONT SYSTEM @ WAREHOUSE REAR FACADE ONLY- 2"X4 1/2" STOREFRONT,FRONT SET SYSTEM- w/SINGLE PANE TINTED GLAZING.GLAZING: PPG SOLARBAN 60 SOLARBLUE.MULLIONS: CLEAR ANODIZEDPAINTED CONCRETE WALLCOLOR: SW 6000 SNOWFALLPAINTED CONCRETE WALLCOLOR: SW 2850 CHELSEA GRAYPAINTED CONCRETE WALLCOLOR: SW 9163 TIN LIZZIEPAINTED CONCRETE WALL/METAL CANOPYCOLOR: SW 7068 GRIZZLE GRAYSheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #1----- OF 14EXTERIOR ELEVAITONS9'X10' DOCK LEVEL DOOR- TYP. OF 412'X14' GRADE LEVEL DOOR12' HIGH CONCRETE SCREEN WALL42' HIGH CONCRETE DOCK WALL6.12023-02-08 PC Agenda Page 26 of 94 10807 Thornmint Rd, Suite 200San Diego, CA 92127p: 858.673.4445www.mpeconsulting.comSheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #1----- OF 14E0012023-02-08 PC Agenda Page 27 of 94 10807 Thornmint Rd, Suite 200San Diego, CA 92127p: 858.673.4445www.mpeconsulting.comSheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #1----- OF 14E0022023-02-08 PC Agenda Page 28 of 94 EV CHARGINGCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGINGEV CHARGING CLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVCLEAN AIR /CARPOOL / EVUSPSEV CHARGINGEV CHARGINGCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinSite Plan_WorkplaneIlluminanceFc1.267.90.0N.A.N.A.0.81.21.31.21.11.21.41.61.41.21.21.31.61.51.31.21.11.31.51.20.90.90.91.01.21.00.80.60.50.41.11.41.51.51.51.61.71.71.81.71.71.71.71.71.61.61.51.61.51.51.41.41.31.31.31.21.00.80.70.61.01.21.31.31.31.41.51.61.61.51.41.51.61.51.41.31.41.41.41.41.31.21.21.21.21.10.90.70.60.50.50.80.91.01.11.11.11.21.21.31.31.21.21.21.21.21.21.11.11.11.21.11.01.01.01.01.00.90.70.60.60.50.40.70.70.80.80.90.90.90.91.01.01.01.01.01.01.00.90.90.90.90.90.90.90.80.80.80.80.80.70.60.50.50.40.40.70.70.70.70.70.70.80.80.80.80.80.90.90.80.80.80.80.80.70.70.70.70.70.70.70.70.70.60.50.50.40.40.40.40.80.80.70.70.70.80.80.80.80.80.90.90.90.80.90.90.80.80.80.80.80.70.70.70.80.80.80.70.50.40.40.40.40.40.40.50.50.70.81.01.21.11.00.90.80.91.01.21.41.51.82.12.32.32.31.91.81.51.31.31.51.81.82.11.81.91.51.21.31.31.10.70.40.40.40.40.40.40.50.50.60.70.91.21.31.21.11.11.00.90.91.21.92.83.13.74.14.94.74.43.72.92.51.61.31.92.62.83.73.32.62.21.52.32.31.50.60.40.40.30.40.40.40.50.50.60.81.01.21.20.91.41.21.10.90.81.12.02.73.04.54.44.44.84.43.52.72.21.31.01.62.13.24.23.12.42.01.33.23.52.10.50.30.30.30.40.40.40.50.60.70.81.01.21.30.91.11.41.31.00.80.70.81.31.61.64.94.82.20.50.30.30.30.30.40.40.50.60.70.91.11.31.50.91.31.31.10.90.70.60.61.12.02.06.45.72.60.50.30.30.30.30.40.50.60.60.70.91.11.31.50.80.91.41.21.00.80.70.60.51.32.62.35.85.62.30.50.30.30.30.40.50.60.60.70.80.91.21.41.61.21.31.41.21.00.80.70.60.51.32.82.95.25.42.30.40.30.30.30.50.80.80.80.70.80.91.21.51.71.51.21.51.41.20.90.80.60.60.61.43.34.00.30.91.51.40.90.70.80.91.21.51.81.41.71.61.41.10.90.70.60.50.61.32.83.01.62.62.21.00.70.70.91.21.41.61.31.21.71.61.41.10.90.70.60.50.51.42.72.42.53.12.91.20.70.70.91.21.41.71.31.61.61.41.21.00.90.80.60.50.51.42.62.52.75.13.61.40.70.70.91.21.51.71.51.21.71.51.31.11.01.01.00.80.60.51.42.62.53.56.34.51.50.70.70.91.11.41.71.41.71.81.51.21.00.91.21.61.40.80.51.32.72.35.15.85.31.70.70.70.81.11.31.41.02.01.81.51.20.90.81.32.52.51.10.51.22.62.95.27.95.91.70.70.70.81.01.21.30.91.61.91.71.41.10.90.81.42.92.61.00.61.33.13.94.57.15.61.90.70.70.80.91.11.30.81.71.71.51.21.00.80.71.42.93.54.37.35.61.90.70.60.70.91.11.20.81.51.81.61.41.10.90.70.71.43.03.74.57.75.61.70.60.60.70.91.01.10.81.81.71.51.21.00.80.70.61.32.82.64.85.65.21.60.60.50.60.81.01.20.91.11.61.61.41.10.90.70.60.61.12.52.43.56.14.21.30.50.50.60.81.01.11.21.31.41.31.10.90.80.60.50.61.11.71.62.64.83.31.20.50.40.50.70.91.10.90.81.31.31.11.00.80.60.50.50.51.01.31.22.52.82.60.90.40.40.50.60.70.80.70.91.31.21.00.80.70.60.50.40.50.91.71.81.62.31.90.60.30.30.40.50.60.70.61.01.21.11.00.80.60.50.40.40.40.82.32.30.20.81.21.10.50.30.30.30.40.50.60.40.31.11.31.20.90.70.60.50.40.40.40.82.22.63.63.71.90.30.10.10.10.30.50.60.40.30.30.30.30.40.40.30.11.21.21.10.90.70.50.40.40.30.30.82.73.74.95.22.10.30.10.10.10.20.20.30.30.20.20.20.30.30.30.20.10.20.81.11.00.80.60.50.40.30.30.30.82.23.05.85.52.20.30.10.10.10.10.10.20.20.20.20.20.20.20.20.10.10.10.50.90.80.70.50.40.40.30.30.30.72.32.26.25.62.20.30.10.10.10.10.10.10.10.20.20.10.20.10.10.10.00.10.10.40.80.70.60.50.40.30.30.20.20.61.71.81.00.10.10.10.10.10.41.12.02.43.23.12.32.00.90.30.10.00.00.10.10.30.94.95.01.90.20.10.10.10.10.10.10.10.10.10.10.10.10.10.00.10.20.51.22.22.52.92.82.42.11.00.40.10.10.00.10.10.20.73.33.51.70.20.10.10.10.10.10.10.10.10.10.10.10.10.00.0E10110807 Thornmint Rd, Suite 200San Diego, CA 92127p: 858.673.4445www.mpeconsulting.comSheet NumberJob NumberScaleDrawing DateCheck ByDrawn By2 0 2 0 S C A A R C H I T E C T U R E A R C H I T E C T U R E 13280 Evening Creek Drive South | Suite 125 San Diego, CA 92128 858.793.4777 | sca-sd.com -DR PROJECT #SD/Pricing SetConstruction SetPlan CheckPermit SetPlanningBid SetIssue Dates---Revision Dates-CD PROJECT #1----- OF 142023-02-08 PC Agenda Page 29 of 94 v . 0 0 1 P a g e | 1 Meeting Date: 02/08/23 ITEM TITLE Consideration of the first amendment to the Otay Ranch Village Two Development Agreement between the City of Chula Vista and Baldwin and Sons, LLC and its subsidiaries. Location: Southwest corner of Olympic Parkway and La Media Road Environmental Notice: The Project was adequately covered under a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01; adopted by Resolution No. SEIR-12-01 on November 4, 2014) for Otay Ranch Village Two Sectional Planning Area. Recommended Action: Conduct a public hearing and adopt a resolution recommending the City Council approve an ordinance authorizing the First Amendment to the Development Agreement by and between the City of Chula Vista and Baldwin and Sons, LLC and its subsidiaries. SUMMARY Proposal to amend the Otay Ranch Village Two (“Village Two”) Development Agreement to reflect the attachment of Fiscal Impact Fees and Extraordinary Public Benefit Contributions to specified residential lots within Village Two. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was covered by a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01; adopted by Resolution No. SEIR-12-01 on November 4, 2014). Thus, no further environmental review is required. HOUSING IMPACT STATEMENT An Affordable Housing Agreement for Otay Ranch Village Two was executed on April 4, 2011, recorded on February 1, 2012, each individual developer’s affordable housing obligation is prorated based upon the total number of units to be constructed within each developer’s related ownership interest, and that obligation is satisfied as provided for in the Affordable Housing Agreement. This action does not include any changes to the applicable affordable housing requirements in Village Two. 2023-02-08 PC Agenda Page 30 of 94 P a g e | 2 DISCUSSION On November 18, 2014, the City Council approved a Development Agreement for Otay Ranch Village Two as part of the Village Two Sectional Planning Area (“SPA”) Plan Comprehensive Amendment (Attachment 2). The Development Agreement was executed on November 20, 2014 and recorded on December 10, 2014. The Development Agreement included a Fiscal Impact Fee and an Extraordinary Public Benefit Contribution component whereby, as consideration for the City’s approval of the 2014 amendment to the Village Two SPA Plan, Baldwin and Sons, LLC (“Applicant”) agreed to pay the additional fees for certain specified parcels and the associated units (2,479 units within Village Two, as shown in Exhibit F of the original Development Agreement). At the time of the original Development Agreement, the Applicant and Village II of Otay LP (subsequently succeeded by Cornerstone Communities) each owned portions of properties within Village Two which were landlocked and not well aligned between the two respective ownerships. As the development of Village Two progressed, the Applicant and Cornerstone Communities (“Cornerstone”) agreed to exchange certain properties to allow for a more efficient site planning and land development process. This exchange took place in 2016 to allow for the different landowners to bring their respective housing product types to market in an orderly manner. The Applicant and Cornerstone each agreed to exchange 30 residential lots with the other, but the Applicant’s Fiscal Impact Fees and Extraordinary Public Benefit Contributions did not follow the exchanged parcels. Accordingly, the original Development Agreement requires an amendment to reflect the transfer of the fees to the exchanged parcels which the Applicant received from Cornerstone. On March 25, 2021, the City received an application for a Development Agreement Amendment from the Applicant. The amendment includes changes to Exhibits A, B, and F of the original Development Agreement to reflect the 60 parcels exchanged between the Applicant and Cornerstone and the attachment of the fees to the Applicant’s parcels (“Project”). The Project proposes to amend Exhibit A to reflect the legal description and depiction of property owned by the Applicant within Village Two (Attachment 3). Additionally, the Project proposes to amend Exhibit B (Attachment 4) to reflect the revised neighborhood boundaries which were realigned as a result of the density transfer between several neighborhoods in Village Two South. The density transfer was approved on the revised Tentative Subdivision Map PCS16-006 on September 28, 2016, and was completed prior to the Applicant’s land swap with Cornerstone. The approved density transfer realigned the boundaries of the following neighborhoods: • R17-A, • R-17B(a), • R-18A(c) (previously known as R-18A(a)), • R-18A(d) (which absorbed a portion of the previously existing neighborhood R-18A(a) and the entirety of neighborhoods R-18A(b), and R-18B(b)), • R-18B (previously known as R-18B(a)), • R-20, and • R-21A. 2023-02-08 PC Agenda Page 31 of 94 P a g e | 3 Finally, the Project proposes to amend Exhibit F, which identifies those neighborhoods that are subject to the payment of the Fiscal Impact Fee and Extraordinary Public Benefit Contribution for which the Applicant will remain responsible (Attachment 5). The Project does not change any other portions of the Development Agreement, as amended. The Applicant is responsible for payment of the fees for 2,479 units and is in compliance with the balance of the Amended Development Agreement. CONCLUSION That the Planning Commission conduct a public hearing and adopt the proposed resolution recommending that the City Council approve an Ordinance for a Development Agreement amendment subject to the conditions contained therein. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(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 Planning Commission member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. FISCAL IMPACT There is no impact to the General Fund or Development Services Fund as a result of this action. All processing costs are borne by the Applicant. ATTACHMENTS 1. Locator Map 2. 2014 Village Two Development Agreement, dated October 31, 2014 3. Draft Revised Exhibit A 4. Draft Revised Exhibit B 5. Draft Revised Exhibit F 6. Draft First Amendment to the Development Agreement 7. Planning Commission Resolution 8. Draft City Council Ordinance Staff Contact: Stan Donn, Senior Planner D. Todd Philips, Planning Manager Laura C. Black, AICP, Director of Development Services 2023-02-08 PC Agenda Page 32 of 94 OLYM PIC PW H ER ITA G E R D LA MEDIA RDE PALO M AR ST B I R C H R D A AVS A N T A V IC T O R IA R DTELEGRAPH CANYON RD S A N T A V E N E T IA S T L A MEDI A PWOtay Landfill PROJECTLOCATION NORTH No Scale J:\Planning\Public Notices\MPA\MPA210009.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS: Otay Ranch V2 R-17B(a), R-17B(b), R-18A(c), R18B(b), R-20 1, R-21A Project Summary: The amendment includes a contiguous land swap MPA21-0009 PROJECT APPLICANT:LOCATOR MAJOR PROJECT APPLICATIONBaldwin & Sons C H U L A V ISTA D E V EL O P M EN T SERV IC ES D EPA RT M EN T NORTH MPA21-0009 swap ownership between Baldwin & Sons and Corner stone from: R-17B(a) 1 unit, R-17B(b) 2 units, R-18A(c)-6 units, R18B(b) 5 units and R-20 1 unit for total of 15 units to R-21A. 2023-02-08 PC Agenda Page 33 of 94 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APP VA Y T CITY OUNCI Gle R. Googins City Attorney Dated: / b / DEVELOPMENT AGREEMENT BETWEEN TI- CITY OF CHUI_A VISTA AI TD VILLAGE II OF OTAY HB SUB; OTAY RANCH II SUN 12, LLC; OTAY RANCH VILLAGE II-PC-15, LLC; VILLAGE II OF OTAY, LP; SUNRANCH CAPITAL PARTNERS, LLC; AND MONTECITO VILLAGE, LLC 2023-02-08 PC Agenda Page 34 of 94 RECORDED AI REQUEST OF AND WHEN RECORDED RETURN IO: City of Chula Vista 276 Foulth Avenue Chula Vista, California 91910 Attn: City Clerk Fee Exempt - Gov't Code §6103 (Space above for Recorder's Use) DEVELOPMENT AGREEMENT among THE CITY OF CHULA VISTA, a California charter city and municipal corporation and the entities comprising the "OWNER" as defined in Section 1.16 below 60093 00025\9324655 6 24oct14 - t 2023-02-08 PC Agenda Page 35 of 94 IHIS DEVELOPMENI AGREEMENI ("Agreement") is entered into as of the EfFective Date (as defined below) by and among IHE CII'Y OF CHULA VISIA, a California charter city and municipal corporation ("City"), and the entities comprising the "OWNER" as defined in Section 1 16 below fhe City or the Owner are sometimes individually referred to in this Agreement as a "Party" and are collectively referred to as the "Parties" The Par'des enter into this Agreement with reference to the fbllowing recited facts (each a "Recital"): RECITALS A Io strengthen the public planning process, encourage private participation in comprehensive planning and to reduce the economic risk of development, the State of Califbrnia has enacted the Development Agreement Statute, found at Sections 65864 et seq,, of the California Government Code B Ihe City is authorized by the Development Agreement Statute and by its City Charter to enter into development agreements with persons and entities having legal or equitable interests in teal property fbr the purpose of establishing predictability for both the City and the property owner in the development process and in the provision of public infiastructure and public benefits C Owner has a legal or equitable interest in that certain real property consisting of approximately 362 7 acres of land located in the City of Chula Vista, County of San Diego, State of California, more particularly described and depicted in Exhibit "A" to this Agreement (the "Property") D Ihe Property is located in the Otay Ranch Village of Montecito Sectional Planning Area Plan ("SPA Plan") It is currently partially developed having previously been entitled by the City for the development contemplated by the SPA Plan E Owner desires to amend the land use designations for areas of the SPA Plan to allow for additional residential units, parkland, school site and CPF facilities to enhance the Property as a unified, walkable and mixed-use development which offers potential residents additional housing options (the "Project'), A general description and depiction of key elements of the Project is contained in Exhibit "B" to this Agreement I: Owner has equested that the City enter into a development agreement for the development of the Project on the Property, and the City desiles to enter into this Agreement pursuant to the provisions of the California Government Code, the City Charter, the General Plan, the City Municipal Code, and applicable City policies 60093 00025\9324655 4 -2 2023-02-08 PC Agenda Page 36 of 94 G This Agreement assures that development of the Project will occur in accordance with the General Plan, the Otay Ranch General Development Plan ("Otay Ranch GDP"), the SPA Plan, as amended by the Prqject Approvals, and all of the implementing egulations for those various Plans H Ihis Agreement constitutes a current exercise of' the City's police powers to provide predictability to the Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of the Project in exchange for the Owner's commitment to provide significant public benefits to City I Ihis Agreement is also intended to ensure that the Owner has provided nding sufficient to provide the adequate and appropriate infiastructure and public facilities required by the development of the Prqject, and that this infiastructure and public facilities will be available no later than when required to serve the Project's demand J The commitments of the Owne made in this Agreement allow the City to realize significant economic, recreational, park, open space, educational, social, public facilities or other public benefits These public benefits will advance the intelests and meet the needs of Chula Vista's residents and visitors to a significantly greate extent than would development of the Project under the current entitlements and absent this Agreement K In return for the Owner's commitment to provide these public benefits, the City is willing to exercise its authority to enter into this Agreement and to make a commitment of predictability for the development process for the Project AGREEMENI For good and valuable consideration, the City and Owner agree as fbllows: DEFINIq-IONS In this Agreement, unless the context otherwise requires, the following terms and phrases shall have the following meanings: 11 "Agreement" means this Development Agreement between the City and the Owne Ihe term "Agreement" shall include any amendment to the Agreement properly approved and executed pmsuant to the terms of this Agleement 12 "Approval Date" means the date on which the City Council conducted the fi,st reading ofthe Enabling Ordinance as part of the Project Approvals t3 "City" means the City of Chula Vista, a California charter city and municipal cmpmation 1 4 "City Charter" means the City ofChula Vista's City Charter 1 5 "City Council" means the governing body of the City 60093 00025\9324655 4 -3 2023-02-08 PC Agenda Page 37 of 94 16 "City Manager" means the City Manager of the City or his m her designee 17 "City Municipal Code" means the Chula Vista Municipal Code 18 "Day" means a calendar day unless specifically stated as a "business day" 19 "Effective Date" means the date on which the Enabling Ordinance becomes effective and the Parties have each signed this Agreement 110 "Enabling Ordinance" means City Ordinance No Agreement was approved by which this 111 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan, Otay Ranch GDP and SPA Amendments and other Project Approvals, but excluding any amendment or modification to the Land Use Regulations adopted, approved, or imposed after' the Approval Date that impairs or restricts Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Owner in writing Owner has consented to the General Plan, Otay Ranch GDP and SPA Amendments and other Prcject Approvals in effect on the Approval Date, which shall all be considered part of the Existing Land Use Regulations 112 "General Plan" means the General Plan of the City of Chula Vista 113 "General Plan Amendment" means the amendments to the General Plan that are enacted as part of the Project Approvals 114 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of' buildings, the provisions for reservation or dedication of'land for public purposes, the City's public improvement engineer ing ordinances, policies, rules, regulations and standards, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Prc ject "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation or official policy governing: 1141 Ihe conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; 1142 Iaxes and assessments of general application upon all residents of the city 1143 Ihe control and abatement of nuisances 60093 00025\9324655 4 -4 2023-02-08 PC Agenda Page 38 of 94 1 15 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of' trust or any other secmity-device, a lender, and their successors and assigns 1 16 "Owner" means, jointly and severally, VILLAGE II OF OIAY HB SUB, a California general partnership, OIAY RANCH II SUN 12, LLC, a Delaware limited liability company, OIAY RANCH VILLAGE II-PC-15, LLC, a Delaware limited liability company, VILLAGE Ii OF O'fAY, LP, a Delaware limited partnership, SUNRANCH CAPIIAL PARTNERS, LLC, a Delaware limited liability company, MONIECIIO VILLAGE, LLC, a California limited liability company, and Owner's successors and assigns as set forth in the Agreement Each individual Owner is jointly and severally responsible fbr all obligations of the Owner set forth in this Agreement 1 17 "Owner's Vested Right" shall have the meaning set fbrth in Section 4 1 I 18 "Otay Ranch GDP" means the Otay Ranch General Development Plan 1 19 1 20 "Otay Ranch GDP Amendments" means the amendments to the Otay Ranch GDP that are enacted as part of the Project Approvals "Parties" means the City on the one hand, and Owner on the other hand A "Party" means either the City or the Owner 1 21 "Project" means the development of the Property, including all related on-site and off-site improvements, as set forth in the Prc ject Approvals and Subsequent Project Approvals 1 22 "Project Approvals" means all permits and other entitlements approved or issued by the City for the use of; construction upon, and/or development of the Project on the Property A listing of' the Project Approvals is contained in Exhibit "C" to this Agreement 1 23 "Ptoperty" means the zeal property described and depicted in Exhibit "A" 1 24 "Reservation of Authority" or "Reserved Authority" means the rights and authority specifically reserved to the City which limits the assurances and rights provided to the Owner and the Owner's Vested Right under this Agreement 1 25 "Section" means a numbered section of this Agreement, unless specifically stated to refer to another document or mattes 126 "SPA Plan" means the Otay Ranch Village of Montecito Sectional Planning Area Plan 1 27 "SPA Plan Amendments" means the amendments to the SPA Plan that axe enacted as part of the Pmiect Approvals 60093 00025\9324655 4 -5 2023-02-08 PC Agenda Page 39 of 94 1 28 "Subsequent Project Approvals" means all Project Approvals approved, granted, or issued after the Approval Date which are required or permitted by the Project Approvals, Existing Land Use Regulations, any applicable Subsequent Land Use Regulations and this Agreement A listing of the anticipated Subsequent Prc ject Approvals is contained in Exhibit "D" to this Agreement 129 "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations "Subsequent Land Use Regulations" include any Land Use Regulations adopted by moratorium, initiative, City action, or otherwise 130 "Ferm" means the term of this Agreement as set forth in Section 61 of this Agreement 1NIERESI OF OWNER Owner represents that it has a legal or equitable interest in the Property and is authorized to enter into this Agreement PUBLIC HEARINGS On , after providing notice as required by law, City Council held a public hearing on this Agreement and made any legally required findings as set forth in the Enabling Ordinance 4 DEVELOPMENI OF IHEPROIECI 41 Owner's Vested Right Owner shall have the vested right to complete the Project during the Term in accordance with the Project Approvals, the Subsequent Project Approvals, the Existing Land Use Regulations, and subject to the City's Reservation of' Authority and this Agreement ("Owner's Vested Right") Owner's Vested Right shall include the off-site CPF rights described in Section 410 below 42 Governing Land Use Regulations Except as otherwise provided in this Agreement, the Land Use Regulations applicable to the development of the Project shall be those contained in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations Subsequent Land Use Regulations shall not apply to the development of the Project, unless expressly authorized by this Agreement or agreed to by Owner in writing 43 Permitted Uses. Except as otherwise provided within this Agreement, the permitted uses on the Property shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 44 Density and Intensity; Requirement for Reservation and Dedication of Land Except as otherwise provided in this Agreement, the density and intensity of use for the development of the Project, and the requirements for reservation and 60093 00025\9324655 4 -6 2023-02-08 PC Agenda Page 40 of 94 dedication of land, shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 45 Reselvation of Authority The following Land Use Regulations, Subsequent Land Use Regulations oi other requirements shall apply to the Propel'y and the Project: 45l Processing fees and charges imposed by the City to cover the City's estimated or actual costs of reviewing and processing applications for the Project, providing inspections, conducting annual reviews, providing environmental analysis, or for monitoring compliance with this Agreement or any Project or Subsequent Project Approvals granted or issued, provided such fees and charges are in force and effect on a general basis on the date of filing such applications with the City This Section shall not be construed to limit the authority of City to charge its then-cuH'ent, normal and customary application, processing, and permit fees for Prqject or Subsequent Project Approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing, and permitting and are in force and effect on a City-wide basis on the date of' filing such applications with City, notwithstanding the fact that such fees may have been increased by City subsequent to the Approval Date; 452 60093 00025\9324655 4 Development impact fees, monetary exactions or other mitigation requirements imposed by the City as a condition precedent to the issuance of any permit or approval to cover the impacts associated with the development of the Prqject ("Development Impact Fee"), as required by the Project Approvals or Subsequent Project Approvals, provided such fees or other mitigation requirements are in force and efIbct on a general basis on the date of filing for such permit m approval with the City However, this Agreement vests Owner the right, at its sole option, to defer the payment of the following Development Impact Fees, as applicable to the Project, and the Property, at the then-cmrent amount, until the request for final inspection of a building permit: Sewer Capacity Fee; Public Facility Development Impact Fee; Eastern Franspmtation Development Impact Fee; Western Fransportation Development Impact Fee; Telegraph Canyon Drainage Fee; Poggi: Canyon Sewer Development Impact Fee; Salt Creek Sewer Development impact Fee; Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; Otay Ranch Village 11 Pedestrian Bridge Development Impact l ee; Park Acquisition and Development Fee; and any successor or replacement fees fbr the fees named above Ihis Section shall not be construed to limit the authority of the City to charge its then-current, normal and customary impact fees or other mitigation requirements in place at the time of' the application for the permit or approval, notwithstanding the fact that -7 2023-02-08 PC Agenda Page 41 of 94 such fees may have been incleased by the City subsequent to the Approval Date; 453 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure; 454 Ihe following, provided that they are uniformly applied to all development projects within the City: 4541 455 456 Unifbrm codes governing engineering and construction standards and specifications adopted by the City pursuant to state law Such codes include, without limitation, the City's adopted version of the Uniform Administrative Code, California Building Code, California Plumbing Code, California Mechanical Code, Califbmia Electrical Code, and California F ire Code; 4542 4543 4544 Local amendments to those uniform codes which are adopted by the City pursuant to state law, provided they pertain exclusively to the preservation of life and safety; Fhe City's standards and procedures regarding the granting of' encroachment permits and the conveyance of rights and interests which provides fbr the use of or the entry upon public property; and Ihe City's public improvement engineering ordinances, policies, rules, regulations and standards in etfect when construction drawings for those improvements are submitted to City City will reasonably consider requests for exceptions to and deviations fiom these public improvement engineering ordinances, policies, rules, regulations and standards necessary or desirable for implementation of the Prc ject or the Project Approvals Regulations which may be in conflict with this Agreement, but which are required to protect the public health and safety; State or federal laws or regulations which preempt local regulations or mandate local regulations or conditions that conflict with the development of the Prc ject This expressly includes mandates imposed through the Clean Water Act or the Porter-Cologne Water Quality Control Act; 60093 00025\9324655 4 -8 2023-02-08 PC Agenda Page 42 of 94 4 5 7 Prior to exelcising the Reservation of Authority provided in Sections 4 55 and 45 6, the City shall provide Owner with written notice of the state or federal law ot egulation or the regulation required to protect the public health and safety that conflicts with this Agreement and a written explanation of the conflict created Within ten (10) days of the City's written notice, City and Owner shall meet and confer in good faith in a reasonable attempt to apply the state or federal law or regulation or the regulation required to protect the public health and safety in a manner that is most consistent with this Agreement, preserves the terms of this Agreement and that protects the rights of Owner as derived fiom this Agreement to the extent reasonably possible while still following the applicable law or regulation; 4571 Failure of City to provide notice identified in Section 45 7 shall not relieve Developer of its obligation to comply with such laws or regulations 47 46 4 58 Owner shall be issued building permits tot the Project after permit applications are reviewed and approved by City in the City's customary fashion for such review and approval; and 459 ]?he exercise of the power of eminent domain Vested Rights Upon Iermination Owner acknowledges that following termination of this Agreement, except as to any Prqject Approval or Subsequent Project Approval that has vested under state law without reliance on this Agreement, City may amend the General Plan, Otay Ranch GDP, SPA Plan or Land Use Regulations as they relate to the Project and the Property Compliance with CEQA Ihe City Council has found that the environmental impacts of the Proiect have been addressed in the Otay Ranch General Development Plan Program Environmental Impact Report 90-01, the Otay Ranch Villages Iwo, Ihree and a Portion of' l?out SPA Plan Final Second-Iier Environmental Impact Report ("EIR 02-02") (SCH#2003091012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report ("EIR 12-01") (SCH No 200 3091 012) Where the California Environmental Quality Act requires that an additional environmental analysis be performed in connection with a Subsequent Project Approval or other tute discretionary approval granted by the City for the Prcject, the Owner shall pay all of the City's reasonable costs to perform that additional analysis 48 liming of Development Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the palties' 60093 00025\9324655 4 -9 2023-02-08 PC Agenda Page 43 of 94 agreement, it is the specific intent of the Parties to provide fbr the timing of the Project in this Agreement To do so, the Parties acknowledge and provide that, subject to express terms of this Agreement including, without limitation, Sections 4 5 5 and 4 56, Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment 4 9 Community Purpose Facilities. 491 Owner shall have the right to satisfy 9 0 acres of'its community purpose facilities (CPI?) requirements (Chula Vista Municipal Code Section 1948 025) for the Pr0iect through the provision of a CPI f ,cility on a 9 acre site located within the industrial area in Village 2 South (ie, either IND-2 or IND-3 as depicted on Chula Vista Tentative Map 12-05) Ihe City agrees that a non-profit (or for profit, if approved by the City Manager) vocational or adult education school will qualify as a permitted CPF use 4 9 2 Owner, with written approval fiom the City Manager, shall have the option, at its sole expense, to construct a swim facility in one of the future planned Neighborhood Parks (P-2, P-5 or P-6) as more particularly described on Exhibit "E" attached to this Agreement, funding that portion of the cost above what the normal PAD fees would otherwise cover frOwner elects to construct the swim facility: 4921 ]-he swim fiacility will be a public facility owned and operated by the City; 4922 Io exercise its option to construct a swim facility, Owner shall submit to the City Manager a preliminary facility plan and a preliminary budget for the facility, including ongoing operation and maintenance, in sufficient detail to allow the City Manager to assess whether the facility will be sustainable and will meet the amenities outlined in Exhibit "E" to this Agreement Within thirty (30) days of the City Manager's receipt of the preliminary facility plan and preliminary budget, the City Manager shall either provide Owner with written approval to construct the facility or' notify Owner of any deficiencies in the preliminary facility plan and preliminary budget that will need to be resolved to obtain the City Manager's written approval 60093 00025\9324655 4 4923 Upon written approval of' City Manager to pursue construction of the swim facility, City shall relieve Owner from the obligation to provide 39 acres of CPI in Village 7 as identified -10 2023-02-08 PC Agenda Page 44 of 94 in the agreement between the City and Otay Project, LP dated August 22, 2012 and allow Owner to process an application to re-zone that land fiom open space and low density single family residential to a higher density single family or multi-family residential Owner will be allowed to apply for a transfer of approved units fiom Village 2 to Village 7; and 4924 Owner shall have the option to process an application to rezone the 0 9 acre CPF-2 site in Village 2 South to a single family zone consistent with the surrounding zoning 4 9 3 Prior to the eaalier of (1) issuance of a building permit in neighborhoods MU-2, MU-3 or C-1 or (2) issuance of' a permit for construction of' P-3 park, Owner shall commence construction on the CPF-7 site (planned to be the homeowner's association swim club) and work diligently to completion 4,94 Prior to approval of a Design Review application for any project in neighborhood MU-2, Owner shall demonstrate to the satisfaction ofthe Director of Development Services, the means by which the CPF-4 obligation will be met Provision of a facility will be consistent with the SPA Plan and the Montecito Village Core Master Precise Plan. 410 Community Facilities District Owner may choose to use a phased Community Facilities District (CFD) for the Project, which may have multiple improvement phases or bond series City and Owner shall meet and confer regarding reasonable ways to lower the amount, if teasible, Owner must pay for the City's administration costs associated with such a phased CFD approach while providing the City with sufficient funds to cover the costs associated with the phased approach 411 Fiscal Impact Fee The 2,479 units within the Project which are subject to the Public Benefit Contribution as defined in Section 5 1 1 and as shown in the Public Benefit Contribution Fable attached to this Agreement as Exhibit "F" shall be subject to an additional fiscal impact fee of eighty dollars ($80), payable at the time of building permit issuance, in complete satisfaction of all fiscal impact funding requirements of the City Municipal Code, including CVMC 1909 060(1), for the Project (the "Fiscal Impact Fee") Ihe Neighborhoods shown as exempt fiom the Public Benefit Contribution on the Public Benefit Contribution Table shall also be exempt fiom the Fiscal Impact Fee and any other fiscal impact funding requirements OWNER'S OBLIGAIIONS AND PROVISION OF PUBLIC BENEFITS 5 1 Extraordinary Public Benefit Contribution, 60093 00025\9324655 4 -1 1 2023-02-08 PC Agenda Page 45 of 94 5ll As consideration for City's approval of' the 1,562 additional residential units for the Project approved on the Approval Date with the amendments to the General Plan, Otay Ranch GDP and the SPA Plan and perfbrmance of' its obligations set forth in this Agreement, Owner shall make a contribution to City to be used fot a public facility or facilities that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (the "Public Benefit Contribution") in the amounts specified in the table attached as Exhibit "F" (the "Public Benefit Contribution ]?able") The Public Benefit Contribution was calculated to equal Five Thousand Dollars ($5,000) for each of' the 1,562 additional residential units, although it would be spread over 2,479 units within the Property as described in the Public Benefit Contribution q?able 512 The Public Benefit Contribution for each residential dwelling unit shall be payable at the time of building permit issuance for the unit in accordance with the Public Benefit Contribution Iable Owner shall have no obligation to obtain building permits in any particular order or obtain building permits for all of the units shown on the Public Benefit Contribution Table Iherefore, there is no guarantee that the entire Public Benefit Contribution will be paid 513 Owner shall have the right to build the public facility or facilities to the satisfaction of the City Manager pursuant to a separate agreement with City pursuant to which Owner would have the right to reimbursement fiom Public Benefit Contributions previously made and credits against Public Benefit Contributions not yet made 514 Owner agrees and acknowledges that its failure to satisfy the provisions of this Section shall constitute a default of its obligations under the Agreement and that upon any such default the City may pursue any of the remedies provided in this Agreement 5 2 Public 1%cilities and Services 521 Owner shall complete construction of a half width (ie, two, striped one-way lanes) of Heritage Road between Santa Victoria Road and Main Street (the "Portion of Heritage Road") to the satisfaction of the City's Development Services Director before the earlier of (a) eighteen (18) months fiom the issuance of a rough grading permit on V2 South, or (b) December 31, 2016 (the "Completion Date") The Completion Date shall be extended because of events that cannot reasonably anticipated or controlled as described in Section 1116 of this Agreement 60093 00025\9324655 4 - 12 2023-02-08 PC Agenda Page 46 of 94 5211 City shall reimburse Owner for the costs of all IDIF improvements within the Portion of Heritage Road in an amount equal to the cost of the improvements within the Portion of Heritage Road estimated in the establishment of the ]-DIF fee, as it may be amended flora time to time In the event that Owner anticipates the costs to exceed the amount estimated for the improvements, Owner shall seek to have the TDI1z amended such that the estimated costs equals that which the Owne anticipates At the time of the execution of this Agreement, City shall have collected a certain dollar amount for a portion of such reimbursement fiom pi0jects previously constructed within Village 2 Owner shall be entitled to reimbursement fiom such funds As additional IDII funds a e collected by the City, such fhnds shall be available for reimbursement q-his reimbursement shall be in lieu of' I'DIF credits for the amount reimbursed fiom TDII funds and subject to the verification/approval process specified in the "[DIF ordinance City shall give Owner IDIF credits, subject to the verification/approval process specified in the IDIF ordinance, to the extent of any difference between the full cost of the IDI1 improvements and the amount of' IDIF funds available to reimburse Owner 5212 Upon tequest fiom Owner, City shall establish a reimbursement district or reimbursement agreement for all costs (both IDIF and non-TDI1 ) of' the entire Heritage Road within six (6) months of the request All owners and properties benefiting fiom the construction of Heritage Road shall be included in the reimbursement district or agreement and shall be required to contribute their fair share portion of the construction costs 6 IERM AND IERMINATION 61 Ierm of A ;eement The Term shall commence on the Effective Date The Term shall continue for a period of twenty (20) years fiom the Effective Date, subject to the following: 6 1 1 Ihe Term shall be extended for periods equal to the time during which: 6111 Litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of' all or any part of the Prqject Approvals Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of' final judgment or dismissal, on the other 60093 00025\9324655 4 - 1 3 2023-02-08 PC Agenda Page 47 of 94 6112 Any other delay occuls which is beyond the control of the Parties, as described in Section 1116 612 During the Ierm, certain portions of the Property may be released fiom this Agreement as provided elsewhere in this Agreement 613 As provided in Section 62 and elsewhere within this Agreement, the Ietm may end earlier than the end of the Ierm as specified in this Agreement 62 Termination This Agreement shall be deemed terminated and of no fmther effect upon the earlier occurrence of any of the following events: 621 Expiration of the Ierm as set forth in Section 61; 622 Entry of a final judgment setting aside, voiding, or annulling the adoption of the Enabling Ordinance; 623 Ihe adoption of a referendum measure overriding or repealing the Enabling Ordinance; 624 Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance, as required by state law, by City, or the applicable public agency, of all required dedications and the satisfaction of all of Owner's obligations under this Agreement; and 625 As may be provided by other specific provisions of this Agreement 63 Effect of Termination Subject to Section 64, upon any termination of this Agreement, the only rights or obligations under this Agreement which either' Party shall have are: 631 The completion of obligations which were to have been performed prior to termination, other than those which are separately addressed in this Agreement; 632 The performance and cure rights set fbrth in Section 93; and 633 Those obligations that are specifically set forth as surviving this Agreement, such as those described in Sections 81 through 85 and 1120 64 Release of Obligations With Respect to Individual Lots Upon Certification of Occu a.p_fi.n 2 Notwithstanding any other provision of this Agreement: 60093 00025\9324655 4 -14 2023-02-08 PC Agenda Page 48 of 94 64l When any individual lot has been finally subdivided and sold, leased, or made available fur lease to a member of' the public or any other ultimate user, and a certificate of occupancy has been obtained fbr the building(s) on the lot, that lot and its owner shall have no further obligations under' and shall be released fiom this Agreement 6 42 Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners' association, property owners' association, or public or quasi-public entity, that lot, parcel, or property and its owner shall have no further obligations under and shall be released fiom this Agreement No formal action by the City is required to effect this release, but, upon Owner's request, City shall sign an estoppel certificate m other document to evidence the release 6 5 Term of Map(_s) and Other Proiect Approvals , 651 Subdivision Maps Pursuant to Government Code Section 664526, the term of all subdivision or' parcel maps that are approved for all or any portion of the Project shall be automatically extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the ][erm 652 Other Project Approvals Pursuant to Government Code section 658639, the Project Approvals shall automatically be extended for a term ending concurrently with the applicable subdivision maps for the Prqject ANNUAL REVIEW 71 Timing of Annual Review Pursuant to Government Code Section 65865 l, at least once during every twelve (12) month period of the ]?erm, City shall review the good faith compliance of Owner with the terms of this Agreement ("Annual Review") 72 Standards for Annual Review, During the Annual Review, Owner shall be required to demonstrate good faith compliance with the terms of' this Agreement "Good faith compliance" shall be established if Owner is in compliance with the terms and conditions of this Agreement. If the City Council or its designee finds and determines that Owner is not in good faith compliance, then City may proceed in accordance with Section 93 pertaining to the potential def tult of Owner and the opportunities for cure Owner shall pay the City's reasonable fees and costs incurred in connection with the Annual Review 60093 00025\9324655 4 -15 2023-02-08 PC Agenda Page 49 of 94 73 Procedures for Annual Review The Annual Review shall be conducted by the City Council or its designee Owner shall be given a minimum of sixty (60) days' notice of any date scheduled for an Annual Review '74 Certificate of Compliance At any time during any year that the City Council or its designee finds that Owner is not in default under this Agreement, City shall, upon written request by Owner, provide Owner with a written certificate of' good faith compliance within fifteen (15) days of City's receipt of that request 8 THIRD PARIY LIIIGA'IION 81 General Plan Litigation City has determined that this Agreement is consistent with its General Plan, the Otay Ranch GDP and the SPA Plan Owner has reviewed the General Plan, the Otay Ranch GDP and the SPA Plan and concurs with City's determination City shall not have any liability, whether through equitable or legal arguments, under this Agreement m associated approvals or documents (eg General Plans, SPA Plan, Maps) associated with this Agreement for Owner's development of' Village 2, for any failure of City to perform under this Agreement, m for the inability of Owner to develop the Property as contemplated by the Project Approvals or this Agreement, if such failure or inability is the result of a judicial determination that part or all of' the General Plan, Otay Ranch GDP or SPA Plan is invalid, inadequate, or not in compliance with law. 82 Ihird Party Litigation Concerning Proiect or Agreement Owner shall, at Owner's expense, defend, indemnify, and hold City, its officers, employees and independent contractors engaged in Project planning, approval, or implementation, harmless fiom any third-party claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the Project Approvals, Subsequent Project Approvals or this Agreement City shall promptly notify Owner of any such claim, action or proceeding, and City shall reasonably cooperate in the defense City may in its discretion participate in the defense of any such claim, action or proceeding ffthe City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 83 60093 00025\9324655 4 Indemnit,2 In addition to the provisions of Section 82, Owner shall indemnify, defend and hold City, its officers, agents, employees and independent contractors, engaged in Project planning or implementation, ft'ee and harmless fiom any third party liability or claims based or alleged upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, fbr property damage, bodily ir jury or death (Owner's employees included) or any other element of' damage of any kind or nature, relating to or arising fi om development of'the Pmiect, except for claims for damages arising through active negligence or willful misconduct of' City, its officers, agents, employees and -16 2023-02-08 PC Agenda Page 50 of 94 independent contractors Owner shall defend, at Owner's expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Owner City may in its discretion participate in the defense of any such legal claim, action, m proceeding If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 84 Environmental Contamination Owner shall indemnify and hold City, its officers, agents, and employees free and harmless fiom any liability, based or alleged, upon any act or omission of' Owner, its ofticers, agents, employees, subcontractors, predecessors in interest, successors, assigns, and independent contractors, resulting in any violation of' any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission City may in its discretion participate in the defense of any such claim, action, or proceeding If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 85 City to Approve Counsel; Conduct of' Litigation With respect to Sections 8.1 through 84, City reserves the right either (a) to approve the attorney(s) that Owner selects, hires, or otherwise engages to defend City, which approval shall not be unreasonably withheld or delayed, or (b) in the City's sole discretion, conduct its own defense with the understanding that Owner's attorneys shall be lead counsel and City's attorneys shall, to the maximum extent feasible, cooperate with Owner's attorneys If City elects to conduct its own defense, Owner shall reimburse City for all reasonable attorneys' fees and litigation costs incurred for such defense Owner shall have the right to audit all billings for such fees and expenses 86 Survival The provisions of'Sections 81 through 85 inclusive, shall survive the termination, cancellation, or expiration of this Agreement 9 DEI AULIS AND REMEDIES 9.1 Default by Owner Owner shall be in default of this Agreement if' it does any or any combination of the following: 911 60093 00025\9324655 4 Willfully violates any order, ruling or decision of any administrative or judicial body having jurisdiction over the Property or the Prqject Owner may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no default ofthis -17 2023-02-08 PC Agenda Page 51 of 94 Agreement shall be deemed to have occurred unless and until thee is a final, nonappealable judicial decision that Owner willfully violated such obligation 912 Fails to cure a material breach of this Agreement within the time set forth in a written notice of default fi'om the City 92 Default by City The City shall be in default of this Agreement only if it fails to cure a material breach of' this Agreement within the time set forth in a wlitten notice of'default fiom the Owner to the City 93 Notice and Iermination A Party alleging a default by any other Party shall serve written notice thereof Each such notice shall state with specificity all of the following: 931 Ihe nature of the alleged default, with reference to the specific Sections ot the Agreement that are alleged to have been breached and the specific facts supporting those allegations; 9 3 2 Ihe manner in which the alleged default may be satisfactorily cured 933 A period of time in which the default may be cured The notice of default shall allow at least sixty (60) days to cure the default If the default is of' such a nature as not to be susceptible of cure within sixty (60) days using diligent efforts, then the defaulting Party shall only be deemed to have failed to cure the default if it fails diligently to commence such cure within sixty (60) days or if it fails diligently to prosecute such cure to its conclusion 94 Default Remedies A Party who complies with the notice of defhult and opportunity to cure requirements of Section 9 3 may, at its option, institute legal action to cure, correct, or remedy the alleged default as provided in this Agreement 9.5 Owner's Remedy Ihe Owner acknowledges that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to all or any part of the development of the Prc!ject Accordingly, Owner shall not sue the other City for damages m monetary ielief tbr any matter related to the development of the Project Owner's litigation remedies shall be limited to declaratory and irjunctive relief, mandate, and specific performance 96 Cit2 Remedy In the event of an uncured default by Owner, the City may pursue any and all available legal or equity remedies for the default 9'7 Waivel; Remedies Cumulative All waivers of performance must be in a writing signed by the Patty granting the waiver ihere are no implied waivels Failure 60093 00025\9324655 4 -1 8 2023-02-08 PC Agenda Page 52 of 94 by City or Owner to insist upon the striet performance of any provision of'this Agreement, irrespective of the length of' time fol which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the fiatute A written waiver affects only the specific matter waived and defines the per formance waived and the duration of'the waiver Unless expressly stated in a written waiver, fhture performance of the same m any other condition is not waived A Party who complies with the notice of default and opportunity to cure requirements of' Section 93, where applicable, and elects to pursue a legal or equitable remedy available under this Agreement does not waive its right to pursue any other remedy available under this Agreement, unless prohibited by statute, court rules, or judicial precedent Delays, tolling, and other actions arising under Section 1116 shall not be considered waivers subject to this Section 97 98 Alternative Dispute Resolution Any dispute between the Parties may, upon the mutual agreement of the Parties, be submitted to mediation, binding arbitration, or any other mutually agreeable form of' alternative dispute resolution While an alternative dispute process is pending, the statute of limitation shall be tolled tbr any claim or cause of action which either of the Parties may have against the other 10 ENCUMBRANCES, ASSIGNMEN]?S, AND RELEASES 101 Discretion to Encumber, Ihis Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering some or all of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device to secure financing related to the Property or the Project Notwithstanding the foregoing, any prc ject or property shall be flee and clear ot all liens and encumbrances other than those previously approved in writing by the City prior to transfer to the City t02 Mortgagee Protection City acknowledges that the lender(s) providing financing secured by the Property and/or its improvements may require certain Agreement interpretations and modifications City shall, at any time requested by Owner or the lender, meet with Owner and representatives of such lender(s) to negotiate in good faith any such interpretation or modification, City will not umeasonably withhold or delay its consent to any requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement Any Mortgagee of the Property shall be entitled to the following rights and privileges: 60093 00025\9324655 4 -19 2023-02-08 PC Agenda Page 53 of 94 1021 Neither enteling into this Agreement nora breach of' this Agreement shall defeat, render' invalid, diminish, or impair the lien of any mortgage or deed of'trust on the Property made in good faith and tbr value 1022 If City timely teceives a request fi'om a Mortgagee requesting a copy of' any notice of default given to Owner undel the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner the Mortgagee shall have the right, but not the obligation, to cute the default during the remaining cure period allowed Owner under Section 9 3 of this Agreement 1023 Except as otherwise provided within this Agreement, any Mortgagee who comes into possession of some or all of the Property pursuant to foreclosure of a mortgage ot deed of trust, or deed in lieu of' such foreclosure or otherwise, shall: 10231 Iake that property subject to the terms of this Agreement and as Owner' s successor; 10232 Have the rights and obligations of an Assignee as set forth in Sections 1051 and 105.3; 10233 Have the right to rely on the provisions of Section 4 of this Agreement, provided that any development proposed by the Morltgagee is in substantial conformance with the terms of this Agreement; and 10234 Not be liable for any defaults, whether material or immaterial, or monetary obligations of Owner arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due undel this Agreement for the portions of' the Property acquired by the Mortgagee have been paid to City 103 Estoppel Certificate Within ten (10) business days following a written equest by either of the Parties, the othel Party shall execute and deliver' to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist 60093 00025\9324655 4 -20 2023-02-08 PC Agenda Page 54 of 94 The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modifications, except as may be represented by the requesting Party and that there are no uncured defuults in the performance of' the requesting Party, except as may be represented by the requesting Party The statement shall also provide any other reasonable information requested Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of' estoppel certificates under this Section prior to City's issuance of such certificates 104 Transfer or Assignment Subject to Section 105 and 106, each individual entity comprising Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an "Assignment") in connection with a transfer of Owner's interest in all, any portion of, or any interest in the Property (the "fransferTed Property") No Assignment shall be made unless made together with the sale, transfer, or assignment of all or any portion of' Owner's interest in the Property At least fifteen (15) business days prior to the effective date of any Assignment, Owner shall notify City in writing of the proposed Assignment and provide City with an Assignment and Assumption Agreement, in a form substantially similar to Exhibit "G", executed by the purchaser, transferee, or assignee (collectively, the "Assignee") to expressly and unconditionally assume all duties and obligations of Owner under this Agreement remaining to be performed at the time of' the Assignment 105 Effect of Assignment Subject to Section 106 and unless otherwise stated within the Assignment, upon an Assignment: 1051 ]Fhe Assignee shall be liable for the performance of all obligations of Owner with respect to Transferred Property, but shall have no obligations with respect to the portions of' the Property, if any, not transferred (the "Retained Property") 1052 Ihe owner of the Retained Property shall be liable for the performance of all obligations of Owner with respect to Retained Property, but shall have no further obligations with respect to the Transferred Property 1053 The Assignee's exercise, use, and er joyment of' the Transferred Property shall be subject to the terms of this Agreement and the Assignee shall have all of the rights under this Agreement to the same extent as if the Assignee were the Owner 106 City's Consent. An Owner shall not be released fi'om its obligations with respect to the Transferred Property until it has obtained the City's consent to the transfer or assignment of all or a portion of' this Agreement, which consent shall not be 60093 00025\9324655 4 -21 2023-02-08 PC Agenda Page 55 of 94 unreasonably withheld, conditioned m delayed 11 MISCELLANEOUS PROVISIONS 11 1 Rules of Construction The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive 112 Binding Effect of' Agreement This Agreement shall be recorded against the Property and shall tun with the land Until eleased or terminated pursuant to the provisions of this Agreement or until Owner has fully perfbtmed its obligations arising out of this Agreement, no portion of'the Property shall be released fi'om this Agreement If' an Owner acquires other teal property within Village 2, that additional teal property shall be subject to this Agreement 113 Entire Agreement 1-his Agreement constitutes the entice understanding and agreement of City and Owner with respect to the matters set forth in this Agreement ]?his Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement 114 Recmded Statement Upon Ietmination Upon the completion of performance of this Agreement or its cancellation or termination, a statement evidencing completion, cancellation, or termination signed by the appropriate agents of City, shall be tecmded in the Official Records of San Diego County, California 115 Amendment or Cancellation of' Agreement Ihis Agreement may be amended fiom time to time or canceled only by the written consent of both City and Owner in the same manner as its adoption, as set forth in Califbrnia Government Code Section 65868 Any amendment m cancellation shall be in a from suitable for recording in the Official Recmds of San Diego County, California An amendment m other modification of this Agreement will continue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment ot modification), unless the amendment m modification expressly states otherwise Ihe Parties recognize that because of' fiagmented ownership within Village 2, amendments to this Agleement may be appropriate to add ot delete property to m fi'om this Agreement to reflect consolidations of'property by Owner ]?he Parties agree to cooperate reasonably to p ocess such amendments if the need arises 116 Minm Changes/Operating Memmandum Ihe provisions of this Agreement requite a close degree of cooperation between the Parties It is anticipated that minm changes to the Project may be required fiom time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parfies' per fotmance Minm changes me those changes to the Ptqject that 60093 00025\9324655 4 -22 2023-02-08 PC Agenda Page 56 of 94 are otherwise consistent with the Prqject Approvals, and which do not result in a change in the type of use, an increase in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date Accordingly, the Parties may mutually consent to adopting minor changes through their signing of an operating memorandum reflecting the minor changes Neither the minor changes nor any operating memmandum shall require public notice or hearing The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are minor changes subject to this Section m more significant changes requiring amendment of this Agreement The City Manager may execute any operating memorandum for minor changes without City Council action Minor changes would include, without limitation, minor boundary or lot line adjustments necessary to properly reflect the applicability of this Agreement in the chain of title 117 Proiect as a Private Undertakin It is specifically understood by City and Owner that (i)the Project is a private development; (ii)City has no interest in or responsibilities for ot duty to third patties concerning any improvements to the Property unless City accepts the improvements pursuant to the provisions of' this Agreement or in connection with subdivision map approvals; and (iii)Owner shall have the full power and exclusive control of the Property, subject to the obligations of Owner set forth in this Agreement 11 8 Incorporation of Recitals Each of'the Recitals set forth at the beginning of this Agreement are part of this Agreement 119 C_C ptions The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of' this Agreement 11 10 Consent Where the consent or approval of City or Owner' is needed to implement Development under' this Agreement, the consent ot approval shall not be unreasonably withheld, delayed, or conditioned 11 11 Covenant of Cooperation City and Owner shall cooperate and deal with each other in good faith and assist each other in the perfolmance of the provisions of this Agreement 11 12 Execution and Recording The City Clerk shall cause a copy of'this Agreement or, at the City's discretion, a notice of the Agreement, to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of' San Diego County, California, within ten (10) days following the Effective Date The failure of the City to sign and/or record this Agreement or 60093 00025\9324655 4 -23 2023-02-08 PC Agenda Page 57 of 94 notice thereof shall not affect the validity of and binding obligations set forth within this Agreement 1113 Relationship of' City and Owner ]-he contractual relationship between City and Owner arising out of this Agreement is one of independent contractor and not agency ]-his Agreement does not create any third-party beneficiary rights 11 14 Notices All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, sent by electronic mail, or mailed by first class or' certified mail, postage prepaid, addressed as follows: If to City, to: City of Chula Vista 276 fi omth Avenue Chula Vista, California 91910 Attn: City Manager' With a copy to: City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 If to Owner, to: Baldwin & Sons, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr Nick Lee AND Sunranch Capital Partners, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr, Stephen Haase With a copy to: Law Offices of R Martin Bohl 501 West Broadway, Suite 520 San Diego, California 92101 Attn: R Martin Bohl City or Owner may change its address by giving notice in writing to each of the other names and addresses listed above Ihereai er, notices, demands, and coriespondence shall be addressed and transmitted to the new address Notice 60093 00025\93246554 -24 2023-02-08 PC Agenda Page 58 of 94 shall be deemed given upon personal delivery, the date of actual receipt or, if mailed, not later than two (2) business days following deposit in the United States mail 11 15 Waiver of' Right to Protest Execution of this Agreement is made by Owner without protest Ownel knowingly and willingly waives any rights it may have under Government Code section 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or other exactions imposed on the Project as authorized by this Agreement, the Project Approvals or the Subsequent Prqject Approvals 1116 Delay for Events Beyond the Parties' Control (Force Maieure) Delay of Performance by either Party of its obligations under this Agreement shall not be deemed a breach of the Agreement and the ]?erm shall be extended, for periods equal to the time during which (1) litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, ot federal law, related in any way to the approval or implementation of all or any part of the Prqject Approvals ot Subsequent PrQject Approvals Any such extension shall be equal to the time between the filing of' litigation, on the one hand, and the entry of' final judgment or dismissal, on the other All such extensions shall be cumulative; (2) a delay is caused by reason of' any event that cannot reasonably anticipated or controlled by the City or Owner which prevents or delays per formance by City or Owner of obligations under this Agreement Such events shall include, by way of example and not limitation, acts of nature, riots, sUikes, or damage to work in process by eason of fire, mud, rain, floods, earthquake, or other such casualties Such an event does not include a market or business downturn, recession ol other change in the business cycle 60093 00025\9324655 4 -25 2023-02-08 PC Agenda Page 59 of 94 If' City m Owner seeks excuse from pet fotmance for the period of a delay, it shall provide written notice of such delay to the other' within thirty (30) days of the commencement of' such delay, If the delay m default, whether material or immaterial, is due to an event that cannot be reasonably anticipated ot controlled by City or Owner; it shall be excused, and an extension of time for' such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon In the event of a disagreement between the Parties with respect to whether this Section applies to a particular delay, a Party may file an action for judicial review of' the matter, including requests for declaratory and/or irljunctive relief The right to seek judicial review shall not limit any other remedies, whether legal or equitable, to which a Party may be entitled 11 17 Interpretation and Governing Law In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accmdance with the laws of the State of California Venue for any litigation concerning this Agreement shall be in San Diego County, California 11 18 Iime of Essence ]?ime is of the essence in the perfbtmance of the provisions of' this Agreement as to which time is an element 11 19 Successors and Assigns Ihis Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns 1120 I utur e Litigation Expenses 11 20 1 12 Payment to Prevailing ParW. If either Party brings a legal m equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding 11 202 Scope of Fees Attorneys' fees under this Section shall include attorneys' fees on any appeal and in any postzjudgment proceedings to collect or enforce the judgment This provision is separate and several and shall survive the termination of this Agreement EXHIBIIS All exhibits attached to this Agreement are incorporated as a part of this Agreement Ihose exhibits are: "A" Legal Description and Depiction of the Property "B" General Description and Depiction of the Project 60093 00025\9324655 4 -26 2023-02-08 PC Agenda Page 60 of 94 "C" Listing of PrQject Approvals "D" Listing of Anticipated Subsequent Project Approvals "E" Description of Possible P-5 Swim Facility "F" Public Benefit Contribution Table "G" Assignment and Assumption Agreement (Signatures on following page) 60093 00025\9324655 4 -27 2023-02-08 PC Agenda Page 61 of 94 Owner and City have executed this Agreement on the dates set folth below CIIY OWNER CIIY OF CHULA VISIA, a California cha te [stgnature blocks next twopages] city and municipal co pomtion By:_ Mayor Date: AITESI: By:_ City Clelk APPROVED AS IO FORM: By:_ City Attorney 60093 00025\9324655 4 -28 2023-02-08 PC Agenda Page 62 of 94 VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of Otay, L P, a Delaware limited partnership, Its: Managing General Partner By: Its: Village II ofOtay GP, LLC, a Delaware limited liability company, Genelal P By: . Name: Nick Lee Iitle: Senior Pxoject Managex OTAY RANCH II SUN 12, LLC a Delawa /l //;bility company By: /Y Name: Nick Lee Iitle: Senior Project Manager OTAY RANCH VILLAGE II-PC-15, LLC a Delaware limited liability company By: Its: Heritage Building and Development, Inc, a California corporation Agent //// _.By: • _ Name: ..l. LeoIitle: 8g iior Project Manager 60093 00025\9324655 4 -29 2023-02-08 PC Agenda Page 63 of 94 VILLAGE II OF OTAY, L,P, a Delaware limited partnership By: Its: Village Ii of Otay GP, LLC a Delaware limited liability company General Partner By: ./ Name: Nick Lee Iitle: Senior Project Manager SUNRANCH CAPITAL PARTNERS, LLC a Delaware limited liability company By: SunPac Advisors, LLC Its: Manager Name: Nick Lee Iitle: Senior Project Manager MONTECITO VILLAGE, LLC a California Hmited liability company Name: Nick Lee Iitle: Senior Project Manager 60093 00025\9324655 4 -30 2023-02-08 PC Agenda Page 64 of 94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civil CODE § 1189 State of California County of San Diego On October' 30, 2014before me, Date personally appeared Cristin Beall, Notary Public Here nsert Name and Title of the Officer Nick Lee Name(s) oI Signer(s) .... c-,,ST;,%&[J -" "t #/ _.. Commission # 1996057 • z I ''']Notary Public- California z\San Diego County .... ...My co?m: E, r0, 2#7018 who proved to me on the basis of satisfactory evidence to be the person(whose named) is/a:e subscribed to the within instrument and acknowledged to me that he/y executed the same in his/h , authorized capacity(Jes-), and that by his/he#-t-heir signature(8 , on the instrument the person(, or the entity upon behalf of which the person,'0 acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Place Notary Seal Above OPTIONAL Though the information below )s not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Village 2 Development Agreement not yet datedDocument Date: Number of Pages: 42 Signer(s) Other Than Named Above: Cit;y o V f- Capacity(ies) Claimed by Signer(s)Nick LeeSigner's Name: Corporate Officer- Title(s): P,!oj ectSenior [] Individual RIGHT THUMBPRIN] OF SIGNER D Partner -- [] Limited [] General Top of thumb here [] Attorney in Fact El Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Signer's Name: [] Corporate Officer -- Title(s): [] Individual [] Partner -- [] Limited [] General [] Attorney in Fact D Trustee Guardian or Conservator D Other: RI OF SIGNER Signer Is Representing: Top of thumb here © 2010 National Notary Association NatlonalNotary org 1 800 US NOTARY (1 800 876 6827) item #5907 2023-02-08 PC Agenda Page 65 of 94 EXHIBIT "A" LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY EXHIBI T A 60093 00025\9324655 4 2023-02-08 PC Agenda Page 66 of 94 Exhibit A VILLAGE TWO OWNERSHIP - DEVELOPMENT AGREEMENT Owner Legal Description Village II of Otay HB SUB, GP Lots 34, 35 and 41 of Chula Vista Tract No 11-05 Otay Ranch Village 2 North "A" Map No 2 and Otay Ranch Village 2 North Neighborhood R-SB Unit No 1, in the City of Chula Vista, County of San Diego, State of California according to Map thereof No 15865 filed in the office of the County Recorder of said county May 7, 2012 Lots 26 and 33. of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Otay Ranch II Sun 12, LLC Lot 1 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 3.5350 filed in the office of the County Recorder of said County May 26, 2006. Otay Ranch Village II-PC-15, LLC SunRanch Capital Partners, LLC Montecito Village, LLC Village II of Otay, L P Lots "E" and "F" of Chula Vista Tract No 06-05 Otay Ranch Village 2 Neighborhood R-15A, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15862 filed in the office of the County Recorder of said county April 4, 2012. Lots 28 and 33 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Lot 30 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Ma p, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Lots 4, 5, 9, and 14 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. 10/17/14 2023-02-08 PC Agenda Page 67 of 94 Exhibit A North 5oo¸ Loo D men i ll & L ca i a Shown afeApp ximaEe LEGEND Owner's Property 2023-02-08 PC Agenda Page 68 of 94 EXHIBIT "B" GENERAL DESCRIPTION AND DEPICTION OF THE PROJECT EXHIBIT B 60093 00025\9324655 4 2023-02-08 PC Agenda Page 69 of 94 Exhibit B Fire Station #7 Otay Ranch High School R-30 MU-3 State Street VILLAGE OF HERITAGE(Village 1) VILLAGE OF SANTA VENETIA(Village 6} BirchRoad R-14 HERITAGE HILLS(Village One West) IND-1B IND-IA SCHOOL ,- Ro21B Landfill Buffer Line North R-23 IND-3 R-2O CPF*2OTAY LANDFILL / Preserve OS/2 VILLAGE 4 LEGEND R Residential S School P Park CPF Community Purpose Facility OS Open Space C Commercial PQ Public/Quasi-Public MU Mixed Use IND Industrial 2023-02-08 PC Agenda Page 70 of 94 EXHIBIT "C" LIS IING OF PROJECT APPROVALS 1 Otay Ranch Villages Two, Three, and a Portion of Village Four' Sectional Planning Area Plan F inal Second Tier Environmental Impact Report (EIR 02-02) 2 Supplemental Environmental Impact Report (SEIR-12-01) 3 Ihe Village 2 Sectional Planning Area (SPA) Plan as amended (PCM 12-18) 4 Tentative Map for Otay Ranch Village 2 (PCS 06-05) 5 Tentative Map for Otay Ranch Village 2 North (PCS 12-02) 6 Tentative Map tbr Otay Ranch Village 2 West (PCS 12-03) 7 Tentative Map tbr Otay Ranch Village 2 R-15b and R-31 (PCS 12-04) 8 Tentative Map tot Otay Ranch Village 2 South (PCS 12-05) 9 Otay Ranch Village 2 Development Agreement ( ) 10 Otay Ranch Village 2 Pa ks Agreement (. ) 11 All design review approvals and grading, improvement and building permits issued in connection with the above approvals EXHIBIT C 60093 00025\9324655 4 2023-02-08 PC Agenda Page 71 of 94 EXHIBIT "D" LISTING OF ANTICIPATED SUBSEQUENT PROJECT APPROVALS No Subsequent Prc!ject Approvals are anticipated other than design review approvals and grading, improvement and building permits issued pursuant to the Prc!ject Approvals EXHIBIID 60093 00025\9324655 4 2023-02-08 PC Agenda Page 72 of 94 EXHIBIT "E" DESCRIPTION OF POSSIBLE SWIM FACILITY AMENITIES A public swim club designed and constructed by Owner could include the following facilities/amenities to the satisfaction of the City Manager: • 25 yard, 8 lane pool with a minimum surface pool area of 5,000 sf • Wading pool or splash pad amenity; • Water slides/play structure and a water exelcise area; • Pool decking with public viewing area • Shade structures • Administrative ottice space; • Lifeguard office; • Restrooms/changing rooms; • Shower facilities; • Storage space; • Pool equipment room; • Snack bar and concession stand All buildings and required parking will be designed to meet the standards of the Village Design Plan and the Montecito Village Core Master Precise Plan All facilities shall be fully ADA accessible A parking study shall be provided to demonstrate adequate onsite parking will be provided to serve the facility EXHIBII E 60093 00025\9324655 4 2023-02-08 PC Agenda Page 73 of 94 EXHIBIT "F" PUBLIC BENEFIT CONTRIBUTION TABLE Neighborhoods/units subject to extraordinary benefit contribution: Neighborhood Total Units R-4B(a) 111 R-4B(b) 275 R-8C 51 R-12 600 R-16B 17 R-17B(a) 34 R-17B(b) 95 R-18A(b) 24 R-18B(b) 5 R-19B 39 R-20 80 R-21B 53 R-23 93 R-24 59 R-25A 330 R-27 175 R-31 25 MU-1 38 MU-2 50 MU-3 90 C-I 235 Total Units 2479 Fee amount: Contribution Units Total Amount Contributing Contribution Units 1-2129 $2,84641 2129 $6,060,000 Units 2130-2479 $5,00000 350 S 1,750,000 Total 2479 $7,810,000 Neighborhoods R-5B, R-6, R-8A, R-8B, R-9B, R-10A, R,10B, R-11, R-13, R14 & R-15b are exempt flom extraordinary benefit contribution, EXHIBIT F 60093 00025\9324655 4 2023-02-08 PC Agenda Page 74 of 94 EXHIBIT "G" ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBII G 60093 00025\9324655 4 2023-02-08 PC Agenda Page 75 of 94 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENI AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENI AGREEMENT ("Assignment") is made as of the __ day of _, 20 ("Effective Date"), by and among the ("Owner") and .("Assignee") with reference to the following facts: RECITALS A Owner is a party to that certain Development Agreement, dated __., __ by and between the City of Chula Vista ("City"), on the one hand, and [list all owners] ("Owner") on the other hand ("Agreement") for certain Teal property consisting of approximately acres of land located in the City, mote particular ly described in Exhibit "A" ("Property") B Owner desires to assign and delegate, and Assignee desires to accept and assume, all of Owner's tights and obligations under the Agreement in accordance with the terms and conditions set forth herein C By signing this Assignment, the City approves the Assignment in accordance with the terms and conditions set forth herein and in the Agreement AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which ate hereby acknowledged, Owner and Assignee do hereby agree as follows: 1 Assignment and Assumption Effective as of the Effective Date, Owner hereby assigns, transfers, and conveys to Assignee all of Owner's tights, interest, duties, liabilities, and obligations in, to, and under the Agreement, and Assignee hereby accepts and assumes all such rights, interests, duties, liabilities, and obligations unde the Agreement fiom Owner for [the Property or a portion of the Property] ("Assigned Property") [, except to the extent Owner has retained a portion of the Property (the "Retained Property")] 2 City Consent to Assignment Effective as of the Ef bctive Date, City hereby consents to the Assignment and hereby fully releases and forever discharges Ownel fi'om any and all obligations to City under the Agreement fbr the Assigned Property, [except Owner's obligations with respect to the Retained Property] 3 Entire Agreement This Agreement represents the final and entire agreement between the parties in connection with the subject matter hereofand may not be modified except by a written agreement signed by both Ownel and Assignee 3 Govemin Law ]-his Agreement has been prepared, negotiated, and executed in, and shall be construed in accordance with, the laws of the State of California, without regard to conflict of law rules EXHIBIT G-1 60093 00025\9324655 4 2023-02-08 PC Agenda Page 76 of 94 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above vclitten Ownel : By:. Assignee: By:. Name: Its: City: City of Chula Vista, a California Municipal Corporation By:_ Name: Its: EXHIBII G-2 60093 00025\9324655 4 2023-02-08 PC Agenda Page 77 of 94 HUNSAKER& ASSOCIATES S A N D I E G O, I N C. 9707 Waples Street (858)558-4500 San Diego, CA 92121 Exhibit A LEGEND Baldwin & Sons Property 2023-02-08 PC Agenda Page 78 of 94 Business Park EXHIBIT "B" Mixed Use 2023-02-08 PC Agenda Page 79 of 94 EXHIBIT “F” PUBLIC BENEFIT CONTRIBUTION TABLE Neighborhoods/units subject to extraordinary benefit contribution: Neighborhood Total Units R-4B(a) 111 R-4B(b) 275 R-9B 21 R-12 600 R-16B 17 R-17B(a) 33 R-17B(b) 78 R-18A(c) 18 R-19B 39 R-20 79 R-21A 15 R-21B 53 R-23 93 R-24 59 R-25A 330 R-27 175 R-31 21 MU-1 31 MU-2 93 MU-3 61 C-1 277 Total Units 2,479 Fee Amount: Contribution Amount Units Contributing Total Contribution Units 1 -2,129 $2,846.41 2,129 $6,060,000 Units 2,130 – 4,479 $5,000.00 350 $1,750,000 Total 2,479 $7,810,000 Neighborhoods R-5B, R-6, R-8A, R-8B, R-10A, R-10B, R-11, R-13, R-14 and R-15b are exempt from extraordinary benefit contribution. 2023-02-08 PC Agenda Page 80 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 1 RECORDED AT REQUEST OFAND WHEN RECORDED RETURN TO: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: City Clerk Fee Exempt Per Gov’t Code Section 6103 (Space above for Recorder’s Use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO between the CITY OF CHULA VISTA, and VILLAGE II OF OTAY HB SUB, OTAY RANCH II SUN 12, LLC, OTAY RANCH VILLLAGE II-PC-15, LLC, VILLAGE II OF OTAY, L.P., SUNRANCH CAPITAL PARTNERS, LLC, MONTECITO VILLAGE, LLC THIS FIRST AMENDMENT TO THE DEVLEOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO ("Amendment") dated for reference purposes only as of ________________, 2023, is entered into by and among THE CITY OF CHULA VISTA, a California charter city and municipal corporation ("City"), and VILLAGE II OF OTAY HB SUB, a California general partnership, SUNRANCH CAPITAL PARTNERS, LLC, a Delaware limited liability company (collectively, the “Original Owners”), and V2 MIXED USE, LLC, a California limited liability company, V2 COMMERCIAL, LLC, a California limited liability company, V2 N IND 1 (b), LLC, a California limited liability company, R-12 A, LLC, a California limited liability company, R-12 B, LLC, a California limited liability company, BALDWIN & SONS, LLC, a California limited liability company, R25A Townhomes, LLC, a California limited liability company, and R25A Flats, LLC, a California limited liability company (collectively) “New Owners”), with reference to the following facts: RECITALS A. The Original Owners and the New Owners are sometimes individual referred to as an “Owner” and collectively as “Owners”. The City and the Owners are sometimes individually referred to in this Amendment as a "Party" and collectively as the "Parties". B. Original Owners and City are parties to that certain Development Agreement fully executed November 20, 2014 and recorded in the Official Records of the County of San Diego, State of California, on December 10, 2014 as Doc. No. 2014- 0543535 (“Development Agreement”) for certain real property (“Property”) 2023-02-08 PC Agenda Page 81 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 2 consisting of approximately 362.7 acres of land located in the City of Chula Vista, State of California, more particularly described and depicted in the original Exhibit A to the 2014 Development Agreement. Terms not otherwise expressly defined in this Amendment shall have the same meanings ascribed thereto in the Development Agreement. C. Since the Effective Date of the Development Agreement, certain of the Original Owners have (1) transferred ownership in one or more parcels comprising the Property to certain of the New Owners that are affiliates thereof, (2) exchanged properties pursuant to the terms of that certain Land Development Cooperation Agreement between Baldwin & Sons, a California limited liability company, Village II of Otay HB Sub, a California general partnership and Village II of Otay, LP, a Delaware limited partnership (collectively, “Baldwin & Sons”) and Presidio Otay 225, LLC (“Cornerstone”) executed April 21, 2016, and (3) developed and sold subdivided lots of the Property to homeowners (“Subsequent Ownership Changes”). D. In September 2016, the Village Two Sectional Planning Area Plan was amended to adjust the neighborhood boundaries and residential lot lines for ten neighborhoods in Village Two South (R-17B(b), R-17A, R-17B(a), R-18A(a), R-18A(b), R- 18B(a), R-18B(b), R-19a, R-20, and R-21) as a result of a change of ownership between developers (Baldwin & Sons and Cornerstone) and an intensity transfer, as approved on the revised Tentative Subdivision Map PCS16-0006 and described below: • Reduction of 17 multi-family units in neighborhood R-17B(b) • Addition of 10 single-family units located in neighborhoods R-18B(a), R- 19a, and R-21a • Boundary adjustments between neighborhoods R-17A, R-17B(a), R- 18A(c), R-18A(d), and R-20 • Reduction in total dwelling units in Village Two by seven units, from 4,545 to 4,538 In April 2020, the Village Two Sectional Planning Area Plan was again amended to reflect the intensity transfer of 75 units to neighborhood R-25 from neighborhoods C-1, MU-1, R-10a, R-11, R-12, R-16b, and R-27 (“Subsequent Land Use Changes”). E. In order to reflect (1) the Subsequent Ownership Changes, (2) the Subsequent Land Use Changes, (3) the resulting reallocation of rights and obligations under the Development Agreement among the parcels comprising the Property, including, without limitation, the reallocation among the parcels of the Owners Public Benefit Contributions obligations, and (4) the New Owners agreement to be bound by all applicable terms and conditions of the Development Agreement, the Parties desire to enter into this Amendment. 2023-02-08 PC Agenda Page 82 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 3 NOW, THEREFORE, in consideration of the above recitals, and for other good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree to amend the Development Agreement with this Amendment as follows: 1. Replacement of Exhibit A [Village Two Ownership – Development Agreement] Replacement. Exhibit A to the Development Agreement is hereby replaced with Exhibit A to this Amendment. 2. Replacement of Exhibit B [General Description and Depiction of the Project]. Exhibit B to the Development Agreement is hereby replaced with Exhibit B to this Amendment 3. Replacement of Exhibit F [Public Benefit Contribution Table]. Exhibit F to the Development Agreement is hereby replaced with Exhibit F to this Amendment. 4. Exhibits. Exhibits A, B and F are the only Exhibits to this Amendment. These Exhibits are attached hereto and incorporated herein by this reference. 5. Full Force. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. 6. New Owners Bound by Development Agreement. New Owners, and each of them, by executing this Amendment agree to be bound by all terms and conditions set forth in the Development Agreement, as amended hereby. 7. Authority. Each Party represents that it has full right, power and authority to execute this Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such Party are duly authorized agents with authority to do so. [NEXT PAGE IS SIGNATURE PAGE] SIGNATURE PAGE TO FIRST AMENDMENT TO 2023-02-08 PC Agenda Page 83 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 4 DEVELOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO CITY CITY OF CHULA VISTA, a California charter city and municipal corporation By: John McCann, Mayor Date: ATTEST: By: Kerry K. Bigelow, City Clerk APPROVED AS TO FORM: By: Glen R. Googins, City Attorney 2023-02-08 PC Agenda Page 84 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 5 VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of Otay HB Sub, A California general partnership Successor by merger By: Southwind Development, LLC A Delaware limited liability company Managing partner By:_______________________ Nicholas Lee Its: Chief Operating Officer SUNRANCH CAPITAL PARTNERS, LLC, A Delaware limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative V2 MIXED USE, LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer V2 COMMERCIAL, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer V2 N IND 1(b), LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer R12A, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer R12B, LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer BALDWIN & SONS, LLC A California limited liability company By:______________________________ Nicholas Lee Its: Chief Operation Officer R25A TOWNHOMES, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative R25A FLATS, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative 2023-02-08 PC Agenda Page 85 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , ____, before me, , Notary Public in and for said State, personally appeared _________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2023-02-08 PC Agenda Page 86 of 94 City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , ____, before me, , Notary Public in and for said State, personally appeared _________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2023-02-08 PC Agenda Page 87 of 94 RESOLUTION NO. 2023-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL AMEND A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF OTAY RANCH VILLAGE TWO WHEREAS, on November 18, 2014, the City Council approved a Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its subsidiaries for Village Two as part of the Village Two Sectional Planning Area (SPA) Plan Comprehensive Amendment (“Development Agreement”); and WHEREAS, Baldwin and Sons, LLC agreed to pay Fiscal Impact Fees and an Extraordinary Public Benefit Contributions on certain, specified parcels within Village Two; and WHEREAS, in 2016 Baldwin and Sons, LLC and its subsidiary, Cornerstone Communities, each exchanged 30 parcels with the other in order to allow for the different landowners to bring their respective housing product types to market in an orderly manner; and WHEREAS, the Fiscal Impact Fees and Extraordinary Public Benefit Fees did not transfer to Baldwin and Sons, LLC when the land swap occurred; and WHEREAS, Baldwin and Sons, LLC, submitted an application requesting an amendment to the Development Agreement to attach the Fiscal Impact Fees and Extraordinary Public Benefit Contributions to the properties acquired in 2016; and WHEREAS, the Development Agreement relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three and a Portion of Four Section Planning Area Plan Final Second-Tier Environmental Impact Report (“EIR 02-02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12-01”; SCH No. 200.30.91.012) the California Environmental Qualities Act (“CEQA”) Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Director of Development Services has reviewed the project for compliance with CEQA and has determined that the Development Agreement was covered by a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01); thus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the subject amendment to the Development Agreement, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider said amendment to the Development at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby recommend that the City Council of the City of Chula Vista adopt an ordinance amending the 2023-02-08 PC Agenda Page 88 of 94 Development Agreement between the City of Chula Vista and Baldwin and Sons, LLC and its subsidiaries to properly reflect the land exchange engaged in by Baldwin and Sons, LLC and Cornerstone Communities and the attendant fees associated with the parcels received by Baldwin and Sons, LLC. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: _________________________ _____________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this _____ day of ____________, 2023, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ________________________ Max Zaker, Chair ATTEST: _______________________ Patricia Salvacion, Secretary 2023-02-08 PC Agenda Page 89 of 94 ORDINANCE NO. _______ ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF OTAY RANCH VILLAGE TWO WHEREAS, the property which is the subject matter of this ordinance is identified in the Development Agreement attached hereto as Exhibit “A” and commonly known as portions of Otay Ranch Village Two (“Property”); and WHEREAS, the Project relied in part on the original Otay Ranch General Development Plan (“GDP”) Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three and a Portion of Four Section Planning Area (“SPA”) Plan Final Second-Tier Environmental Impact Report (“EIR 02-02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12-01”; SCH No. 200.30.91.012) the California Environmental Qualities Act (CEQA) Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission set the time and place for a hearing on said Development Agreement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. January 25, 2023, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission approved the proposed amendments to the Development Agreement Between the City of Chula Vista and Baldwin and Sons, LLC and its Subsidiaries for Portions of Otay Ranch Village Two (“Development Agreement”), and voted X-X-X to adopt Resolution No. XX-XXX and thereby recommended that the City Council adopt an Ordinance amending the Development Agreement; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on January 25, 2023 and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and, WHEREAS, on XXX XX, 2023, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the ordinance to approve the Development Agreement; and WHEREAS, THE City staff has reviewed the Development Agreement and determined it to be consistent with the Otay Ranch GDP and the City’s General Plan. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on January 25, 2023 and the minutes and resolutions resulting therefrom, are 2023-02-08 PC Agenda Page 90 of 94 hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the ordinance approving the Development Agreement for the Project, as described and analyzed in the Final SEIR 12-01, would have no new effects that were not examined in said Final SEIR (Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed Amendment to the Development Agreement is consistent with the City’s General Plan and Otay Ranch GDP. The amended Development Agreement implements the General Plan and GDP by providing a comprehensive program to implement the SPA Plan and Tentative Map. Those plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, neighborhood parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Village Two site utilization plan, including the density, number of residential units, industrial acreage, and mixed-use area, is consistent with the General Plan and GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Amendment to the Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its Subsidiaries for portions of Otay Ranch Village Two (a copy of which is on file in the City Clerk’s office), finding it consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch GDP. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day fr om and after its adoption. Presented by Approved as to form by _________________________ __________________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2023-02-08 PC Agenda Page 91 of 94 1 REGULAR MEETING OF THE PLANNING COMMISSION Meeting Minutes October 26, 2022, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Jim Combs, Bryan Felber, Commissioner Torres, Chair Zaker Absent: Commissioner Burroughs, Vice Chair De La Rosa, Commissioner Milburn Also Present: Deputy City Attorney Shirey, Secretary Salvacion, Mariluz Zepeda _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Planning Commission of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Salvacion called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Commissioner Torres led the Pledge of Allegiance. 4. PUBLIC COMMENTS There were none. 5. PUBLIC HEARINGS 2023-02-08 PC Agenda Page 92 of 94 2 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice. 5.1 Consideration of a Planned Sign Program for New Wall Signs, for an Automobile Dealership in the Auto Park North Specific Plan Area, 1875 Auto Park Avenue. Moved by Torres Seconded by Jim Combs Conduct a public hearing and adopt a resolution approving the Planned Sign Program based on the findings and subject to the conditions contained therein. Result:Carried 6. ACTION ITEMS 6.1 Written Communications Moved by Torres Seconded by Bryan Felber Commission excuse the absences. Result:Carried 7. DIRECTOR'S REPORT None. 8. CHAIR'S COMMENTS Discussed the possibility of having a special meeting on November 16, 2022. 9. COMMISSIONERS' COMMENTS 10. ADJOURNMENT The meeting was adjourned at 6:32 p.m. Minutes prepared by: Patricia Salvacion, Planning Commission Secretary _________________________ Patricia Salvacion, Secretary 2023-02-08 PC Agenda Page 93 of 94 3 2023-02-08 PC Agenda Page 94 of 94