HomeMy WebLinkAbout Resolution 2023-011
RESOLUTION NO. 2023- 01
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION CONSIDERING TENTATIVE
MAP CVT-14-01 (PCS14-01) AND COASTAL
DEVELOPMENT PERMIT (CDP21-0005) FOR THE AMARA
BAY PROJECT
WHEREAS, the parcels of land which are the subject matter of this Resolution are depicted
in Exhibit 1, attached hereto and incorporated herein by this reference and for the purpose of
general description are located at the northeast corner of “J” Street and Marina Parkway (“Project
Site”); and
WHEREAS, on July 23, 2014, a duly verified application was filed with the City of Chula
Development Services Department by North C.V. Waterfront, L.P. (“Applicant”) requesting
approval of Tentative Map PCS14-01; and
WHEREAS, December 20, 2021 a duly verified application was filed with the City of
Chula Vista Development Services Department by North C.V. Waterfront, L.P. requesting
approval of a Coastal Development Permit (CDP21-0005); and
WHEREAS, the requested application requests approval of Tentative Map (PCS-14-01) to
subdivide 35.38 acres into eleven (11) lots supporting up to 1,500 multi-family residential units
within Lot 1 through Lot 7, approximately 416,800 square feet of office use and 250 room hotel
(the “Project”); and
WHEREAS, the area of land which is the subject of this Resolution is an existing 35-acre
parcel located at the northwest corner of “J” Street and Marina Parkway within the Harbor District
of the Bayfront Local Coastal Plan/Specific Plan (“LCP”) and is also known as a portion of Parcel
2-f and 2-h according to the LCP; and
WHEREAS, the Project constitutes development pursuant to California Coastal Act Section
30106 as it would result in the placement of solid material, erection of structures, grading, and change
in intensity of land use; and
WHEREAS, Chapter 7 of the California Coastal Act regulates development within the
California Coastal Zone and issuance of Coastal Development Permits; and
WHEREAS, the Project is consistent with Public Resources Code Section 30604(c), 30210-
30224, and the Coastal Act public access and recreation policies referenced herein; and
WHEREAS, the Project is consistent with the Objectives and Policies of the LCP, which
includes, by reference, the Chula Vista Bayfront Natural Resources Management Plan (“NRMP”),
and the Chula Vista Bayfront Mitigation Monitoring and Reporting Program (“MMRP”)
(collectively, “LCP Provisions”); and
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WHEREAS, the City’s Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project is substantially covered in the previously certified Final Environmental Impact Report
(“Final EIR”) for the Chula Vista Bayfront Master Plan (UPD #83356EIR-658; SCH
#2005081077; and certified by Resolution No. 2010-113 on May 18, 2010); and
WHEREAS, the Director of Development Services set the time and place for a Planning
Commission hearing on the Project, and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10)
days prior to the hearing; and
WHEREAS, after reviewing the Staff Report and related materials for this matter, the
Planning Commission held an advertised public hearing on the Project, on January 25, 2023, the
Planning Commission took public testimony, heard staff’s presentation, and thereafter closed the
hearing; and
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Chula
Vista does hereby find and determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for the Project, is
in conformance with the elements of the Chula Vista General Plan and other and associated
regulatory documents, based on the following findings:
1. Land Use and Transportation
The proposed subdivision consists of 11 lots and will be designed for future
development. The City’s LCP describes the 35-acre Project Site as two parcels. Parcel
2-f is located on the west side of future Street “A” and includes C hula Vista Bayfront
Master Plan (“CVBMP”) Parcels H-13 and H-14. This parcel is zoned and is designated
as Residential-Mixed Use Harbor District (R-MH). It includes proposed Lots 1-7 of the
Tentative Map, with a total of 1,500 units. Parcel 2-h which is inclusive of CVBMP
Parcel H-15. Parcel 2-h consists of two zoning designations – C-P and C-V. The
northern portion of Parcel 2-h is zoned C-P and includes proposed Lots 9-11 of the
Tentative Map and are proposed for development of 416,800 square-feet of commercial
office space. The southern portion of Parcel 2-h is zoned C-V and is proposed for
development of a 250 room hotel.
The proposed subdivision and related development are consistent with and implements
the goals and policies and exhibits of the City’s General Plan; the CVBMP; the City
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Subdivision Ordinance and Manual; the City’s LCP; and is consistent with the CVBMP
Final EIR.
The Project has been designed to include a transportation system that complies with
the requirements of the City of Chula Vista’s General Plan and LCP and will implement
required roadway mitigation measures identified in Final EIR for the CVBMP (UPD
#83356EIR-658; SCH #2005081077; and certified by Resolution No. 2010-113 on
May 18, 2010). The development of the enhanced circulation system will precede
planned growth and maintain acceptable levels of service. The Project will enhance
public access in the Chula Vista Bayfront by improving existing roadways and
providing a new roadway.
2. Economic Development
The Project will contribute to the economic base of the City by providing a mixed-use
product consisting of 1,500 multi-family residential units, a hotel and office space
which will enhance the image and appearance of the Bayfront community and will
benefit the local economy. The development of up to 416,000 square-feet of
commercial office space will provide a strong employment base along with a mixed-
use commercial/residential area. Approval of the Project will help achieve the General
Plan objectives that seek to promote a variety of job and housing opportunities to
improve the City’s jobs/housing balance, provide a diverse economic base, and
encourage the growth of small businesses.
3. Housing
The Project will provide for up to 1,500 multi-family residential condominium units
within Lots 1-7 of the Tentative Map. The Project is consistent with the Housing
Element of the City’s General Plan by providing future opportunities for high-quality,
market-rate, multi-family residential home ownership in the Bayfront portion of the
City.
4. Public Facilities and Services
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services.
Schools – A “Will Serve” letter will be required from both the Chula Vista Elementary
School District and Sweetwater High School District in conjunction with future
requests for any portion of the proposed 1,500 residential multi-family units within
Lots 1-7 of the Tentative Map.
Sewer – The Project Site is within the boundaries of the City of Chula Vista wastewater
services that relies on the City of San Diego Metropolitan Wastewater District
(“MWWD”) for treating and disposing of the wastewater generated within Chula Vista.
The MWWD adopted the Metropolitan Wastewater Plan in November 2003 that
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identified future treatment facilities needed to meet anticipated demands within the
Metro service area of which Chula Vista is a part. Based on the City of Chula Vista’s
2014 Wastewater Collection System Master Plan, the City’s capacity at MWWD is
20.864 million gallons per day (mgd) and was estimated that by year 2022 the Total
Projected Flow of the City would be 19.46 mgd; based on these numbers, it has been
determined that the City has sufficient capacity to serve existing development and
entitled development currently under construction. Sewer capacity will be available to
serve the Project subject to the requirements made in the April 2010 Final EIR for the
CVBMP and related sewer technical reports.
Additionally, development shall not occur without adequate sewer capacity as
determined by the City Engineer. Building permits will not be issued if the City
Engineer has determined that adequate sewer capacity does not exist. All development
must comply with Municipal Code Sections 19.80.030(H) and 13.14.030.
Parks – The Project has been conditioned to provide Parkland Acquisition and
Development (“PAD”) In-Lieu Fees for the acquisition and development associated
with 1,500 multi-family dwelling units authorized in the Tentative Subdivision Map.
Any facilities built by the Applicant that qualify as eligible parkland shall receive credit
against PAD fees that would have otherwise been paid by the Applicant. PAD fees shall
be paid in accordance with Chapter 17.10 of the City of Chula Vista Municipal Code
and the City’s current Master Fee Schedule (Fee Bulletin 16-100).
Services – The Project has been conditioned to ensure that all necessary public facilities
and services will be available to serve the Project concurrent with the demand for those
services. Project construction will be required to comply with the applicable California
Green Building Standards, the City’s Green Building Standards and the City’s Energy
Efficiency Ordinance in affect at the time of building permit issuance, ensuring energy-
efficient homes will be developed.
5. Environmental
The Final EIR for the CVBMP, (UPD #83356EIR-658; SCH #2005081077; and
certified by Resolution No. 2010-113 on May 18, 2010) analyzed the goals and policies
of the Environmental Element of the General Plan and with CEQA, and found
development of this site to be consistent with these goals and policies. Development
must be consistent with the MMRP for the Final EIR. The mitigation measures outline
the timing of improvements required to serve the development.
The City has accepted the use of the sea level rise study performed by Environmental
Sciences Associates, dated January 2017. This report indicates a mean sea level
(“MSL”) of 13.5 feet.
6. Growth Management
Per the Growth Management Ordinance, the Applicant has prepared an Air Quality
Improvement Plan (“AQIP”) and a Water Conservation Plan (“WCP”). The Applicant
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is required to comply with all requirements contained therein. The Applicant will be
required to provide a Fiscal Impact Analysis (“FIA”) at the time of future submittal of
request for a Land Use Plan amendment for the Project Site.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the Planning
Commission finds that the configuration, orientation, and topography of the site allows for
the optimum siting of lots for natural and passive heating and cooling opportunities and
that the development of the site will be subject to site plan and architectural review to
ensure the maximum utilization of natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of this approval on the housing needs of the region
and has balanced those needs against the public service needs of the residents of the City
and the available fiscal and environmental resources. Additionally, pursuant to the 2018
Development Agreement entered into between the City of Chula Vista and the Applicant,
and in consideration that neighborhoods west of Interstate 805 have traditionally borne an
overconcentration of affordable housing, it was agreed the Project would not provide low
or moderate housing units as part of the development in exchange for significant
community benefits as detailed in Section 5.1 of the 2018 Development Agreement.
D. Pursuant to Government Code Section 66474(a)-(g) of the Subdivision Map Act, the
Planning Commission finds that the proposed Project:
1. Is consistent with applicable general and specific plans as specified in Section 65451.
The Project will remain consistent with the Chula Vista General Plan land use,
transportation, economic development, housing, public facilities and services,
environmental and growth management objectives, and policies. The land uses
proposed for development within the Project Site will be consistent with those
depicted in the City’s Land Use Plan, the CVBMP, and Bayfront Specific Plan
components of the City’s LCP.
2. Design or improvement is consistent with applicable general and specific plans. The
General Plan establishes the vision for the western part of the City, and the City’s LCP
and CVBMP define the land use character and mix of uses, design criteria, circulation
system, and public infrastructure requirements for the Project. The Tentative Map is
consistent with these general and specific plans.
3. The Project Site is suitable for the proposed density of development. The densities are
in accordance with the General Plan, CVBMP and the LCP and Final EIR for the
CVBMP, (UPD #83356EIR-658; SCH #2005081077; and certified by Resolution No.
2010-113 on May 18, 2010)
4. The Project Site is physically suitable for the type of development. The Project is
surrounded by existing development to the south and west, with vacant land to the
north and east. The design of the subdivision and proposed improvements, with
implementation of applicable mitigation measures, are not likely to cause
environmental damage or substantially and avoidably injure fish or wildlife or their
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habitat. The Project has been conditioned to require the Applicant to obtain a Habitat
Loss and Incidental Take (“HLIT”) permit prior to issuance of grading permit to
mitigate for loss of non-native grasslands on the western portion of the Project Site.
5. The design of the subdivision or improvements is not likely to cause serious public
health problems because the Project has been designed to provide a public walkway
system throughout the Project Site with connections to other parts of the Bayfront as
well as to the adjacent Marina Park located just south of the site.
6. Subdivision or improvements will not conflict with easements, acquired by the public
at large, for access through or use of property within the proposed subdivision. The
governing body may approve a map if it finds that alternate easements, for access or
for use, will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction
and no authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the proposed
subdivision.
E. The Planning Commission finds that the Project Site is physically suited for development
because it will be developed in conformance with the City’s LCP documents, the CVBMP,
and the Final EIR for the CVBMP, which contain provisions to ensure that the site is
developed in a manner that is consistent with the standards established by the City for
development within the Bayfront.
F. The Planning Commission finds that the conditions herein imposed on the Project, are
approximately proportional both in nature and extent to the impacts created by the Project,
based upon the City’s police powers and substantial evidence provided by the record.
G. The Planning Commission finds that the proposed Tentative Map is consistent with the
City’s adopted LCP and that no lot is created that would result in the creation of a parcel
or lot proposed for development that is totally located within an environmentally sensitive
habitat area or flood hazard area.
The proposed Tentative Map is consistent with and in compliance with the polices and
exhibits contained in the CVBMP and the City’s LCP, which includes the Land Use Plan
and Bayfront Specific Plan.
Public access is provided throughout the Project by way of a public walkway system
proposed primarily throughout the western portion of the site proposed for future
residential development. This walkway system as shown on the tentative map and includes
both an internal garden walk and external Marina walkway traversing the site in a north-
south direction and a woonerf walk traversing the site in an east-westerly direction. Said
walks will connect with the public streets both internal to and bordering the Project Site.
The proposed public access is consistent with Policy SA2.LU.1.D.1. and Exhibit 14 of the
LCP’s Land Use Plan. Additionally, view corridors are identified on the Tentative Map
which are consistent with those provided on Exhibits 8A and 8B of the LCP’s Land Use
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Plan and will allow public views of the bay to be maintained once the Project is completely
developed. The loss of non-native grasslands on the western portion of the site will be
mitigated in conjunction with the Applicant being required to obtain a HLIT permit prior
to issuance of a grading permit.
III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the Conditions of Approval and Code
requirements set forth below shall be completed prior to the related Final Map approval
and consent to recordation by the City as determined by the Development Services Director
and the City Engineer, or designees, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required, the Applicant
shall be required to provide subordination of any prior lien and easement holders in order
to ensure that the City has a first priority interest and rights in such land unless otherwise
excused by the City. Where fee title is granted or dedicated to the City, said fee title shall
be free and clear of all encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these Conditions of Approval, any
conflict shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
1. The Applicant shall develop and maintain the Project Site in accordance with the approved
plans, which include site plans, floor plans, and elevation plans on file in the Planning
Division, the conditions contained herein, and Title 19.
2. Coastal Development Permit No. CDP21-0005 shall be approved in conjunction with the
approval of Tentative Map No. CVT-14-01 (PCS14-01).
Land Development
3. The Applicant shall comply with all requirements and guidelines of the Chula Vista
Municipal Code (“CVMC”); the Chula Vista Subdivision Manual; the CVBMP; the City
of Chula Vista Design and Construction Standards; the Development Storm Water Manual
for Development & Redevelopment Projects, The Chula Vista Best Management Practices
(“BMP”) Design Manual; the City of Chula Vista Grading Ordinance No. 1797; and the
State of California Subdivision Map Act.
4. The Applicant shall comply with all applicable conditions of the City’s Standard
Conditions of Approval per Section 5-300 Standardized Tentative Map Conditions of the
Subdivision Manual.
5. The Project shall comply with the approved CVBMP and the Bayfront Specific Plan as
part of the LCP, and all supporting documents including but not limited to the Public
Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable
Housing Plan, Non-Renewable Energy Conservation Plan, Air Quality Improvement Plan,
Water Conservation Plan, and Fire Protection Plan, and incorporated by reference herein.
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6. Applicant shall comply with all applicable "Mitigation Monitoring and Reporting
Program" requirements as described in the CVBMP and Port Master Plan Amendment
Final EIR (UPD #83356EIR-658; SCH #2005081077; and certified by Resolution No.
2010-113 on May 18, 2010), all applicable policies and implementation measures in the
Chula Vista Bayfront Development.
7. Project must comply with Coastal Development Permit “CDP-2021-02” approved by San
Diego Unified Port District Board of Port Commissioners (Resolution Number: 2021-031)
on March 9, 2021.
8. Prior to the issuance of building permits for any development on H-13 or H-14 in Phase I,
the Applicant shall:
a. Rebuild that portion of Marina Parkway fronting H-13 and H-14 between Sandpiper
Way and J Street as a 3-lane Class II Collector with excess ROW used for
pedestrian facilities or secure such construction to the satisfaction to the City
Engineer (CVBMP Final EIR mitigation measure (“MM”) 4.2-1).
b. Frontage improvements for the remaining segments of Marina Parkway J Street and
Sandpiper Way will be constructed in conjunction with the development of the
adjacent parcels to these frontages in subsequent phases (MM 4.2-1)
c. Construct Street A north of J Street would be constructed as a 2-lane Class III
Collector or secure such construction to the satisfaction of the City Engineer
(MM4.2-1).
d. Construct a traffic signal at the intersection of J Street and Bay Boulevard or secure
such construction to the satisfaction of the City Engineer. The traffic signal shall
be constructed and operate to the satisfaction of the City Engineer (MM 4.2-5).
9. Prior to the issuance of certificates of occupancy for development on H-3 and building
permits for any development on H-13 or H-14 in Phase I, the Port, Port tenant, or Applicant,
as appropriate shall:
a. Widen Bay Boulevard between E Street and F Street from a two-lane Class III
Collector to a two-lane Class II Collector or secure such widening to the satisfaction
of the City Engineer (MM 4.2-4).
b. Widen Bay Boulevard between E Street and F Street from a two-lane Class III
Collector to a two-lane Class II Collector or secure such widening to the satisfaction
of the City Engineer (MM 4.2-4).
c. Construct a traffic signal at the intersection of L Street and Bay Boulevard or secure
such construction to the satisfaction of the City Engineer. The traffic signal shall
be constructed and operate to the satisfaction of the City Engineer (MM 4.2-6).
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d. Construct a traffic signal at the intersection of I-5 southbound ramps and Bay Blvd
or secure such construction to the satisfaction of the City Engineer. The traffic
signal shall be constructed and operate to the satisfaction of the City Engineer (MM
4.2-7).
10. Prior to the issuance of certificates of occupancy for any development in Phase II, the Port,
Port tenant, or Applicant, as appropriate, shall:
a. Widen H Street between Street A and I-5 Ramps to a five-lane Major Street or
secure such construction to the satisfaction of the City Engineer (MM 4.2-12).
b. Widen J Street between Street A to I-5 Ramps to a six-lane Major Street or secure
such construction to the satisfaction of the City Engineer (MM 4.2-13).
c. Widen Street A between Street C and J Street to a four-lane Class I Collector or
secure such construction to the satisfaction of the City Engineer (MM 4.2-14).
d. Construct a traffic signal and add an exclusive left-turn lane at each approach at the
intersection of H Street and RCC Driveway or secure such construction to the
satisfaction of the City Engineer. The traffic signal and left-turn lanes shall be built
to the satisfaction of the City Engineer (MM 4.2-15).
e. Construct a westbound and eastbound through lane along J Street at the intersection
of J Street and Bay Boulevard or secure such construction to the satisfaction of the
City Engineer. The lanes shall be constructed to the satisfaction of the City
Engineer (MM 4.2-16).
f. Construct a traffic signal at the intersection of H Street and Street A or secure such
construction to the satisfaction of the City Engineer. The traffic signal shall be
constructed and operate to the satisfaction of the City Engineer. This mitigation
would reduce Significant Impact 4.2-26 to below a level of significance (MM 4.2-
17).
g. Construct a traffic signal at the intersection of J Street and Marina Parkway. The
traffic signal shall be constructed and operate to the satisfaction of the City
Engineer (MM 4.2-18).
h. Construct a traffic signal at the intersection of J Street and Street A and add an
exclusive westbound right-turn lane along J Street and an exclusive southbound
right-turn lane along Street A or secure such construction to the satisfaction of the
City Engineer. The traffic signal and turning lanes shall operate and be constructed
to the satisfaction of the City Engineer (MM 4.2-19).
11. The Applicant shall secure and construct public sewer improvements prior to Final Map
approval. Said improvements shall include but not limited to:
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a. A new gravity sewer shall be constructed at the intersection of Marina Way, in
Marina Parkway and in J Street. the new sewers will be 12-in, except for one 8-in
influent sewer to SPS #11 in Marina Parkway.
b. A new 12-in sewer shall be constructed in Street A.
c. The existing 6-in PVC force mains from SPS #11 to a discharge manhole in J Street
shall be replaced with a 4-in redundant force main.
d. A portion of the 6-in force main from SPS #12 shall be replaced with dual 4-in
force mains.
e. The segment of SPS #12 force main that is outside of the Amara Bay development
and the pump station itself will remain as is.
f. SPS #11 shall be replaced with a new below grade submersible duplex pump station
with 6 hours of emergency storage, an emergency generator, instrumentation and
controls, and communication with the City’s central Supervisory Control and Data
Acquisition (“SCADA”) system. The pumps will be sized at 120 gpm, which is
greater than the PWWF flow for the station, but which yields a velocity of 3 fps in
the force main.
12. The Applicant shall submit Covenants, Conditions, and Restrictions (“CC&Rs”) for review
and approval prior to approval to Final Map approval.
13. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Lot proposing mixed
residential/commercial or multi-family residential uses.
14. Developer must obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of Building Permits in accordance with CVMC
Title 15.04. Developer shall submit Grading Plans in conformance with the City’s
Subdivision Manual and the City’s Development Storm Water Manual requirements.
15. The Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
16. Prior to approval of any Final Map or Grading Plan for the Project, the Engineer of Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map, and not conforming to adopted
City standards. The Engineer of Work request shall outline the requested subdivision
design deviations from adopted City standards and state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
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17. The Applicant shall secure and agree to construct all backbone roadway improvements and
all in-tract street shown on the approved Tentative Map Chula Vista Tract No. CVT 14-01
prior to approval of the first Final Map satisfactory to the City Engineer and City Attorney.
18. The Applicant shall dedicate, with the applicable Final Map, for public use all the public
streets shown on the Tentative Map within the subdivision boundary and as specified in
Bay Front Mitigation Plan.
19. Prior to approval of any Final Map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
20. The Applicant shall grant on the Final Map a 18.5-foot General Utility and Public Access
Easement along Marina Parkway.
21. Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Sweetwater Authority that the subdivision will be
provided adequate water service and long-term water storage facilities. The Applicant shall
comply with all of the Sweetwater Authority requirements, if any.
22. Prior to approval of any construction permit, the Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer.
23. Approval of all dry utilities proposed on the TM is required from the utility companies
prior to issuing any permit from the City.
24. Prior to issuance of the first building permit, the street improvements IP22 -0005 along H
Street and GR22-0014 Rough Grading, shall be completed to the satisfaction of the City
Engineer and Director of Development Services.
25. All driveways shall conform to the City of Chula Vista’s sight distance requirements in
accordance with Section 12.12.120 of the CVMC and Chula Vista standard drawing RWY-
05 (Sight Distance Requirements). Also, landscaping, street furniture, or signs shall not
obstruct the visibility of driver at the street intersections or driveways.
26. Fire Access Road shall meet H-20 Loading requirements or shall be designed for a Traffic
Index (T.I.) of 5.
27. Applicant shall submit grading plans to the City for review and obtain a Land Development
Permit. Plans shall be in conformance with the City’s Subdivision Manual and CVMC
requirements.
28. Applicant shall provide a letter from the site that will be accepting any proposed export
material, if any. In addition, a transportation permit is required prior to grading permit
issuance, if required.
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29. Applicant shall provide a letter from the soil engineer for any material to be used in
backfilling on site or offsite, prior to using the material. This is applicable also for material
excavated from the site. In addition, a transportation permit is required prior to grading
permit issuance, if required.
30. The following applies to all Project retaining walls:
a. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards GRD-
05.
b. Retaining walls that will be part of a building wall must be approved as part of the
Building Permit for the Project.
c. Retaining wall drains shall tie into the drainage system.
31. All construction sites are required to implement Construction BMPs in accordance with
the performance standards outlined in Appendix K of the BMP Design Manual. In general:
For projects disturbing one (1) acre or more requires coverage under and compliance with
the Construction General Permit (“CGP”), the construction BMPs must be identified in a
Storm Water Pollution Prevention Plan (“SWPPP”).
32. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control BMPs, all as shown in the approved Priority
Development Project (“PDP”) Stormwater Quality Management Plan (“SWQMP”), shall
be incorporated into the project design, and shall be shown on the plans. Provide sizing
calculations and specifications for each BMP.
33. A complete and accurate Notice-of-Intent (“NOI”) must be filed with the State Water
Resources Control Board (“SWRCB”) for projects covered under the 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.
34. Applicant must enter into a Storm Water Management Facilities Maintenance Agreement
to perpetually maintain all permanent BMPs located within the Project prior to issuance of
any Grading, Construction or Building Permits, whichever occurs first.
35. Submit detailed Operation & Maintenance (“O&M”) plan for all permanent BMPs as
required by the City to preserve the intended pollution control and/or flow control
performance of the BMP. Upon completion of construction of BMPs/Project,
update/finalize O&M Plan to reflect constructed structural BMPs with as-built plans and
baseline photos.
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36. All BMPs proposed within this Project shall be funded, owned, and maintained by the
Applicant in perpetuity, at no cost to the City. All BMPs proposed in public right of way
located on the same side of the roadway as this Project shall be funded, owned, and
maintained by the Applicant in perpetuity, at no cost to the City.
37. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary. Utilities Trenching and Restoration shall be per Chula Vista
Construction Standard GSI-03.
38. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
39. Sewer lateral and storm drain connections to existing public utilities. The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that are
to be used by the new development. Laterals and connections may need replacement as a
result of this inspection.
40. Provide a separate sewer lateral for each building. Sewer laterals are not allowed under any
proposed buildings.
41. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be under grounded in accordance with the applicable CVMC
Section. Further, all new utilities serving the subject property shall be under grounded
prior to the issuance of Building Permits.
42. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
43. Any private facilities (if applicable) within public right-of-way or City easement will
require an Encroachment Agreement prior to Improvement Plan or Building Permit
approval.
44. It is the responsibility of the Applicant to obtain any required permit from any agency prior
to the issuance of any City permit. In addition, the Applicant shall implement successfully
any requirements stipulated in any permit.
45. Any street vacation will need to be done after the approval of the entitlement associated
with this Project, and prior to issuance of any permit.
46. With the approval of any final maps, grading, and public or private improvement plan, the
Applicant shall upload digital files in a format such as Auto CAD DWG or DXF (AutoCAD
version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version
9.0 or above). The files should be transmitted directly to the GIS section using the city's
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digital submittal file upload website at: http://www.chulavistaca.gov/goto/GIS. The data
upload site only accepts zip formatted files.
47. Concurrent with the preparation of Phase I infrastructure design plans for E and H Street,
a Gateway plan shall be prepared for E and H Streets. Prior to issuance of occupancy for
any projects within the Port's jurisdiction in Phase I, the E and H Street Gateway plan shall
be approved by the Port and City's Directors of Planning and Building. The E and H Street
Gateway plan shall be coordinated with the Gateway plan for J Street. (MM 4.4-1 & MM
6.6-1)
48. Concurrent with development of H-13 and H-14, the Applicant shall submit a Gateway
plan for J Street for City Design Review. Applicant shall be coordinated with the Gateway
plan for E and H Streets. Prior to issuance of any building permits, the J Street Gateway
plan shall be approved by the Director of Planning and Building in coordination with the
Port's Director of Planning. (MM 4.4-1 & MM 6.6-1)
49. The Applicant is advised that there may be additional requirements set at the time
development takes place, depending upon final plans submitted for Grading, Improvements
and/or Building Permits.
50. Prior to the approval of public improvement plans for the Project, the Applicant shall
submit a Priority Project Storm Water Quality Management Plan (Priority Project
SWQMP) for review & approval prior to permit issuance. All selected BMPs in the
approved SWQMP shall be incorporated into the project design, and shall be shown on the
public improvement plans to the satisfaction of the City Engineer.
51. Prior to the approval of public improvement plans for the Project, the Applicant shall
submit a Final Drainage Study for review & approval prior to permit issuance to the
satisfaction of the City Engineer.
52. Prior to the approval of public improvement plans for the Project, the Applicant shall
submit a Final Sewer Study for review & approval prior to permit issuance. All proposed
sewer infrastructure and pump stations shall be incorporated into the project design, and
shall be shown on the public improvement plans to the satisfaction of the City Engineer.
Park Development and Landscape Improvements
53. New dwelling units generate PAD fees in accordance with Chapter 17.10 of the CVMC.
Payment of the PAD fee per dwelling unit is required prior to final inspection in accordance
with CVMC 17.10.100, as amended by Ordinances 2010-3163 and 2014-3324.
54. Prior to the approval of any landscape improvement plans for the Project, maintenance
entities shall be established and confirmed with the Port and City, and associated landscape
improvement plans shall be designed accordingly.
55. Prior to the approval of public improvement plans for the Project, irrigation meters shall
be coordinated with Sweetwater Authority to determine if said private meters can service
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both private property and adjacent landscaping within the public right-of-way to ensure
proper irrigation sleeving between public and private properties and underneath roadways.
56. Prior to final building inspection of any phase of the Project, the Owner shall have installed
associated 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.
Planning
57. At the time that an LCP amendment is submitted to the City, the Applicant shall prepare
and submit to the City a Fiscal Impact Analysis at the time of submittal. The LCP
amendment application will be rejected if a Fiscal Impact Analysis is not included at time
of submittal.
58. Prior to issuance of a Phase I grading permit, Applicant shall comply with all applicable
mitigation measures outlined in the CVBMP Final EIR MMRP including: MM 4.1-4; MM
4.5-3; MM 4.8-5 and MM 4.12.1
59. Prior to the issuance of a Phase II grading permit, Applicant shall obtain a Coastal
Development Permit for the temporary access road and/or parking lot required due to
closure of “J” Street during time of street improvements.
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
1. Approval of this request shall not waive compliance with any sections of the CVMC, and
any other applicable City Ordinances in effect at the time of building permit issuance.
2. The Applicant shall comply with all applicable requirements and guidelines of the City of
Chula Vista General Plan; the City’s Growth Management Ordinance (including its Water
Conservation Plan); Chula Vista Landscape Manual, Chula 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.
3. This permit shall expire if not utilized within three years of the approval date (January 24,
2026) or the end of any appeal period unless the Applicant initiates an extension prior to
expiration of the permit in accordance with Section 18.12.190 of the CVMC.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any such
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protest must be in a manner that complies with Section 66020(a) and failure to follow in a
timely manner this procedure will bar any subsequent legal action to attack, 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; and it does not apply to any fees, dedication,
reservations, or other exactions which have been given notice similar to this, nor does it revive
challenges to any fees for which the Statute of Limitations has previously expired.
V. INDEMNITY PROVISION
The Property Owner and Applicant shall and do agree to timely and fully indemnify, protect,
reimburse, defend and hold harmless City, its City Council members, Planning Commission
members, officers, employees and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including 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’s fees (collectively, liabilities) incurred by
the City arising, directly or indirectly, from (a) City’s approval of the Project and (b) City’s
approval or issuance of any other permit or action, whether discretionary or nondiscretionary,
in connection with the use contemplated on the Project Site. The Property Owner and
Applicant shall acknowledge their agreement to this provision by executing a copy of this
Resolution where indicated. The Property Owner’s and Applicant’s compliance with this
provision shall be binding on any and all of the Property Owner’s and Applicant’s successors
and assigns.
VI. EXECUTION AND RECORDATION 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.
Signature of Applicant:
Printed Name: Jack Straw Date
Project Manager, Pacifica Companies
Signature of Property Owner:
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Printed Name: Ashok Israni Date
VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The Planning Commission does hereby find that the Project is in conformance with the City of
Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. 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.
IX. 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.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of January 2023, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
______________________________
Max Zaker, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
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Presented by: Approved as to form by:
_________________________ ____________________________
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT 1 – SITE LOCATION MAP
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