HomeMy WebLinkAboutAgenda Packet 2019_06_18 Item 10June 18, 2019File ID: 19-0293
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE THIRD
ADDENDUM (IS-17-0005) TO FEIR 02-04; APPROVING AN AMENDMENT TO THE OTAY RANCH
GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE CHANGES FOR APPROXIMATELY 36 ACRES
WITHIN THE OTAY RANCH FREEWAY COMMERCIAL PLANNING AREA 12 PLANNED COMMUNITY,
INCLUDING ASSOCIATED TEXT, MAPS AND TABLES
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENTTO
THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, DESIGN PLAN,
AND ASSOCIATED REGULATORY DOCUMENTS; ANDAPPROVING AN AMENDMENT TO THE OTAY
RANCH FREEWAY COMMERCIAL NORTH MASTER PRECISE PLAN
C.ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO OTAY RANCH FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS
FOR THE NORTHERLY FC-2 PORTION (FIRST READING)
D.ORDINANCE OF THE CITY OF CHULA VISTA APPROVING ADEVELOPMENT AGREEMENT
AMENDMENT BETWEEN THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER, LLC AND SUNRANCH
CAPITAL PARTNERS, LLC FOR THE FREEWAY COMMERCIAL NORTH PORTION OF OTAY RANCH
PLANNING AREA 12 (FIRST READING)
E.RESOLUTION OF THE CITY COUNCILOF THE CITY OF CHULA VISTA APPROVING A FIRST
AMENDMENT TO AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY ACREAGE
FOR OTAY RANCH VILLAGE TWO BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P
F.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAPPROVING TENTATIVE
SUBDIVISION MAP CVT 19-0001 FOR OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL
NORTH
G.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW
PERMIT DR17-0037 TO CONSTRUCT A MIXED-USE PROJECT CONSISTING OF A578 UNIT APARTMENT
COMPLEX, 15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED PARKING STRUCTURES ON TWO
LOTS CONSISTING OF 10.4 ACRES LOCATED INTHE OTAY RANCH FREEWAY COMMERCIAL NORTH,
NEIGHBORHOOD PA-12
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RECOMMENDED ACTION
Councilconduct the public hearing, adopt the resolutions and place the ordinances on first reading.
SUMMARY
Baldwin & Sons, LLC (“Applicant” or “Developer”) is proposing to amend the Otay Ranch General
Development Plan (GDP), Freeway Commercial Sectional Planning Area (SPA) Plan and the associated
Planned Community (PC) District Regulations in order to accommodate 300 additional multi-family
residential units, maximizing land use potential within walking range of the Otay Ranch Bus Rapid Transit
(BRT) stop andensuring transit-supportive densities near the BRT line. The Applicant submitted a Design
Review (DR) application for a 4-and 5-story “Texas wrap” apartment project consisting of 578 units with a
5-level parking structure and 15,000 sq. ft. of ground floor commercial. The project also includes an
amendment to the Otay Ranch Freeway Commercial North Development Agreement (DA) and an
amendment to the Agreement for the Provision of Community Purpose Facility (CPF) Acreage for Otay
Ranch Village 2. An Environmental Impact report (EIR) Addendum has been prepared in order to provide
additional information and analysis concerning land use impacts anticipated to result from the proposed
amendments. On November 16, 2017, the Applicant filed applications to process all of the subject items.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project is covered in the previously
adoptedFinal Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area
(FEIR 02-04) (SCH#1989010154). The Development Services Director has
(SPA) Plan -Planning Area 12
determined that only minor technical changes or additions to this document are necessary and that none of
the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FEIR 02-04.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On May 22, 2019 the Planning Commission took action and voted 6-1-0 that Council adopt the resolutions
and ordinances.
DISCUSSION
In September 2004, the Freeway Commercial SPA Plan and Tentative Map were adopted, entitling
approximately 1,214,000 square-feet of commercial uses, including867,000 square-feet on Freeway
Commercial South (FC-1) and 347,000 square-feet on Freeway Commercial North (FC-2). In May of 2015,
in conjunction with a first Addendum to FEIR 02-04, General Plan (GP) and General Development Plan
(GDP) amendments (Resolution No. 2015-114) entitled the development of 600 multi-family residential
units and mixed-usecommercial consisting of 15,000 square-feet of ground-floor commercial retail, and a
2-acre highly amenitized urban park, and assuredthe development of two hotels within the FC-2 portion of
the SPA. A Development Agreement was adopted viaOrdinance No. 3345 on June 29, 2015.
In September of 2016, a second Addendum to FEIR 02-04, amendments to the Otay Ranch Freeway
Commercial SPA Plan and associated regulatory documents (Resolution 2016-187); Tentative Map CVT 15-
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0007 (Resolution 2016-188); Design Review Permit DR16-0030 (Resolution 2016-189); and amendments
to the Freeway Commercial SPA’s Planned Community District Regulations (Ordinance 2016-3376) entitled
and implemented the development concept of the GP and GDP for a transit-oriented, mixed use project
with two hotels.
The 36-acre FC-2 site is currently approved for a Mixed-Use land use including 600 multi-family residential
units; a 2-acre park; 15,000 sq. ft. of commercial; and two hotels. The walkable, transit-oriented, mixed-use
neighborhood will be a mix of apartments, multi-family townhomes, two hotels, a park and 15,000 sq. ft. of
ground-floor retail/commercial space. Previously approved multi-family condominium units are under
construction west of Town Center Drive and the Marriott Residence Inn began operations inOctober of
2017. Park construction plans are in review for the 2-acre highly amenitized urban park. The drawings for
the second hotel will be considered for approval in 2019.
The Applicant is now requesting amendments to the Otay Ranch GDP, Otay Ranch Freeway Commercial
SPA Plan and its associated documents, and the Development Agreement in order to add 300 additional
residential units (for a total of 900 units) to accommodate a mixed-use project consisting of 578
apartments; 15,000 sq. ft. of commercial uses; and two integrated parking structures in lieu of a surface
parking lot on two lots consisting of 10.4 acres (DR17-0037).
Addendum to FEIR02-04
Section 21002 of the CEQA requires that an environmental impact report identify the significant effects of a
project on the environment and provide measures or alternatives that can mitigate or avoid those
significant effects. The Freeway Commercial SPA was analyzed in the previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan
-Planning Area 12 (FEIR 02-04) (SCH #1989010154). The First Addendum to the FEIR was approved for
the General Plan and Otay Ranch General Development Plan Amendments in May 2015. The Second
Addendum to the FEIR was approved for the SPA Plan Amendmentin September2016. The First and
Second Addendato the FEIR analyzed the impact of the General Plan, General Development Plan and SPA
Plan amendments,based on the urban, mixed use development proposal. As a result of this analysis, the
basic conclusions and impacts identified in FEIR 02-04 were determined to not have changed. The land use
and public service impacts for the proposed project are found to be less than significant and were
adequately covered in FEIR 02-04for the previous two Addenda. Therefore, in accordance with Section
15164 of the CEQA Guidelines, the City has prepared the ThirdAddendum to the FEIR. The Third
Addendum provides an environmental analysis of the potential impacts associated with implementing the
proposed Freeway Commercial SPA Plan and Master Precise Plan Amendment.As a result of this analysis,
the basic conclusions and impacts identified in FEIR 02-04 were determined to not have changed. The land
use and public service impacts are found to be less than significant for thisSPA Plan amendment, Design
Review and Tentative Map proposed project and were adequately covered in FEIR 02-04.
GDP, SPA Plan and DA Amendment(s)
1.Location, Existing Site Characteristics, and Ownership
The Freeway Commercial SPA Plan area is generally located south of Olympic Parkway, north of Birch
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Road, east of State Route 125 and west of Eastlake Parkway (see Locator Map, Attachment 2). This
amendment is limited to the FC-2 portion of the SPA Plan, located between Olympic Parkway and the
existing Otay Ranch Town Center mall.
The project is located within a 10-minute walk of the Otay Ranch BRT station, a major transit hub with an
express connection to downtown San Diego, as well as next to bus stops serving 2 local routes connecting
the project to Southwestern College and the H Street Transit Center, which is a Blue line trolley stop. Both
BRT and localbuses will connect the project to the Millenia Office Campus with its 1.4 million sq. ft. of office
space, immediately south of Birch Road. The future University and Innovation District development is a
20-minute bicycle ride and will also be connected via transit routes.
The FC-2 mixed-use district is currently under construction, in various stages of completion. One of the
two hotels, the Residence Inn by Marriott, has been open since October of 2017.The second hotel is in the
design development phase and will be submitted for review in 2019. Two condominium neighborhoods
west of Town Center Drive are in early phases of construction. The public park received City Council
approval in September 2018 and is currently in the construction permitting phase. The eastern portionof
the FC-2 site remains vacant and undeveloped.FC-2 is an infill development surrounded by existing roads,
utility services, schools, hospitals, retail centers and entertainment. It is within a ten-minute walk of the
Otay Ranch Town Center mall with its 23 restaurants, movie theater and library, within a 20-minute walk
of the Marketplace at Windingwalk containing a Vons grocery store, 8 restaurants and 11 various
commercial services. Within a 20-minute bike ride, FC-2 residents can reach Southwestern College,
Eastlake Business Park, LA Fitness gym, Scripps Coastal Medical Center, and Mattress Firm Amphitheater.
The eastern undeveloped portion of FC-2 is owned by Village II Town Center, LLC.
Table 1 –Existing General Plan, GDP, SPA Plan Land Use Designations and Land Use
General PlanOtayRanchCV Municipal PC District Land Existing
GeneralCode ZoningUse DesignationLand Use
Development
Plan
Site–Commercial Retail FreewayPlannedH–CommercialH –hotel
Freewayin FC-1 and Retail Commercial in CommunityHotelRM –under
CommercialCommercial/Mixed FC-1and(PC)RM -Multi-family construction
Use Residential in FreewayResidentialforMulti-
FC-2CommercialR/MU–Multi-Family
and Mixed Use FamilyResidential; P,
in FC-2Resid./Mixed UseR/MU, C/MU -
C/MU-Mixed-Use vacant. FC-1
Comm/MFdeveloped as
P -ParkOtayRanch
Town Center
mall.
Eastlake
NorthCommercial RetailN/A-thePlannedFreewayTerraces
EastlakeIICommunityCommercial-FCshopping
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General PlanOtayRanchCV Municipal PC District Land Existing
GeneralCode ZoningUse DesignationLand Use
Development
Plan
Freeway(PC)center
Commercial
EasternUrbanEUC (Millenia)PlannedGatewayMixedMillenia
SouthCenterCommunityUseCommercialCommons
(PC)Districtandshopping
Northeasterncenterand
NeighborhoodMulti-Family
DistrictResidential
Village 11PlannedRM1Fully
Low-Medium
EastResidential, Mixed Medium-HighCommunitydeveloped
Use ResidentialDensity(PC)residential
Residential
Village6PlannedRM1 and RM2Fully
Medium
WestResidential, Mixed Medium-HighCommunitydeveloped
Useresidential, Density(PC)residential
Low-MediumResidential,
Residential,Low Medium
Public/Quasi-Village
Public, Parks & Density
RecreationResidential
2.Project Description
The proposed amendment adds300 units to the previously approved urban mixed-use multi-family
neighborhood.These additional units will achieve the higher density and massing desired for an
innovative smart growth design on the eastern portion of the project, consistent with the existing Mixed-
Use Residential (MUR) land use designation provisions. No changes to the land use plan, hotels, 15,000 sq.
ft. of commercial, or previously approved multi-family neighborhoods on the west side of FC-2 are
proposed. All of the additional units will be allocated to R/MU, on the east side of the project. The project
will consist of two separate lots with a private street bisecting the two parcels. Lot 1 proposes a 4 to 5-
story building with 15,000 square-foot of retail along Town Center Drive and 237 apartment units, with the
apartments surrounding a 5-story parking structure. Lot 2 proposes a 4-story building with 341 apartment
units that surround a 5-story parking structure. This form of development eliminates the need for large
areas of surface parking lots, allowing more space for parks and residential amenities. By not having a
surface parking lot, the project’s open space area increases by 173%, from 45,300 sq. ft. in the previous
design concept to 123,600 sq. ft. under the subject plan, not counting the interior building amenities.
Conversely, the land area covered by parking was reduced by 53%, from 173,000 sq. ft. in the previous
design with surface parking to 81,200 sq. ft. of garage footprint. The site plan for the mixed-use apartments
now includes two large pools (one in each building), three private parks, a playground, a dog run,
amenitized outdoor mingling areas with cabanas, fire pits, and hanging day beds, as well as approximately
10,000 sq. ft. of interior recreational space.
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The 578-unit apartment mix is comprised of 56 studios, 290 one-bedroom units, and 232 two-bedroom
units. The floor plans range from approximately 600 sq. ft. to 1,200 sq. ft. with dual master bedrooms,
which allow for roommate living. This type of rental housing is especially attractive to students, retail
workers, and the future office campus employees, providing a range of housing choices in the Chula Vista
housing market, which is heavily skewed toward single-family detached homes.
The 15,000 sq. ft. of proposed commercial space will be located on the ground floor in Building A along
Town Center Drive. This location provides commercial uses with optimal visibility from the street and sets
it as a gateway to FC-2. The sidewalk along ground-floor commercial on Town Center Drive has been
expanded from the standard 6-foot width to a 38-foot wide pedestrian zone, including a 13-foot wide
sidewalk and a 12-foot wide plaza with seating areas and planters for an inviting pedestrian environment.
The retailspaces provide large windows on the ground floor, variation in façade treatment, and seating for
human-scale architecture.
The project contains transit and pedestrian-friendly elements throughout the site. Tree-lined landscape
parkways, setbacks to promote a comfortable pedestrian-oriented environment, and pedestrian-scale
facade features on sidewalk-fronting buildings are proposed throughout the development. Several way-
finding signs will be installed on Town Center Drive directing pedestrians to the BRT stations, library, and
public park.
The following is an Analysis of the project approvals that were submitted as part of this application:
Analysis
1.Otay Ranch GDP Amendment
The Otay Ranch GDP provides a vision and direction for the planning of the Freeway Commercial area,
including the FC-2 subarea. The vision of the GDP for thisareais the provision of hotels and high density
residential in a mixed-use urban character setting that includes ancillary commercial uses and an urban
park.
The proposed amendment is consistent with the current land use designations and density allowed by the
GDP. A Mixed-Use district, which is the current approved land use district in FC-2, allows a density range
between 28-45 dwelling units (DU) per acre. With the additional 300 units, the overall project density is
33.7 DU per acre.
GDP amendments include updating project summary tables, population rates and number of units to reflect
theadditional 300 units. The comprehensive list of all the proposed GDP policies is located in Appendix B
of Attachment 12.
2.Otay Ranch Freeway Commercial SPA Plan Amendment
With its mixed-use zoning, proximity to good transit service and existing commercial developments, and
good walking and cycling conditions, the FC-2 site meets the criteria for high-density compact
development. In accordance with General Plan Objective H3, “the provision of new housing opportunities
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within mixed-use areas and at higher density levels, particularly in transit focus areas and identified town
centers, is encouraged. Mixed use and compact developments can result in easier access to goods and
services, and increased employment and business opportunities, and the creation of vibrant community
places.” The proposed density increase will allow FC-2 to fully maximize its land use potential within
walking range of the Otay Ranch BRT stop and ensures transit-supportive densities near the BRT line. At
900 residential units, the project will be at the mid-range of the permitted density for a Mixed-Use district.
The apartments will have the highest density and will be located along Town Center Drive and Olympic
Pkwy. Lower density townhomes and condominiums are set back towards the west side of the project site,
thus providing a variety of housing types.
Parks, Open Space & Trails
The FC-2 amendment triggers new fees for parks. With the additional 300 multi-family units, the project
parkland demand totals 7.05 acres based on Chula Vista Municipal Code (CVMC) Section 17.10. The project will
meet its parkland obligation of 7.05 acres through two mechanisms. The obligation of the previously entitled
600 residential units will be met through the provision of a 2-acre public park enhanced through additional
amenities to a value equivalent to 4.69 acres of parkland, to bemaintained through a Community Facilities
District rather than the City General Fund, per the Freeway Commercial North Development Agreement. Due to
the lack of available land within the project to site additional park acres, staff proposes to waive the Parkland
Acquisition and Development (PAD) Fee for units developed in excess of the original 600. The Applicant will
instead pay an equivalent in-lieu Park Benefit Fee to address the impacts from the proposed new units. Based
on current PAD fees, the Applicant will pay approximately $4,580,100 in Park Benefit Fees if all 300 additional
units are constructed. The Park Benefit Fees will be used to provide or enhance parksthat serve the City’s
eastern territories.
In accordance with the Otay Ranch Resource Management Plan (RMP), parcel FC-2 has a preserve land
conveyance obligation of 40.761 acres that will be conveyed upon approval of the first final map. In
associationwith the original Final Map for this Project, Map 16291, 40.761 acres were conveyed to the Otay
Ranch Preserve Owner Manager via recorded Open Space Easement Doc# 2018-0325995.
Community Purpose Facilities
CVMC Section 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community
Purpose Facilities (CPF) when creating a SPA Plan. With the additional 300 multi-family units, the Project
will require 3.24 acres of CPF. In accordance with the provisions of Section 5.3.2 of the amended
Development Agreement for Freeway Commercial North, the Applicant may satisfy its CPF requirement in
any manner consistent with CVMC Section 19.48.025, which may include the provision of the CPF land
offsite, alternative compliance, or adjustments to the percentage limitations on the types of facilities,
including recreational facilities, that may count toward satisfying the CPF requirement, all in the discretion
of the Director of Development Services.
Freeway Commercial PC District Regulations Amendments
The PC District Regulations amendment is limited to the mixed-use apartments where the additional 300
multi-family units will be allocated. No changes are proposed to the Land Use matrix, or the previously
approved regulations for hotels and condominium projects.
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The proposed revisions to the Development Standards are as follows:
Table 2–Development Standards
StandardCurrently ApprovedProposed Change
Private Useable Studios, 1-bedroom, and units above first 60 sq. ft. per unit
Open Spacestory: 60 sq. ft.
Ground floor units:
80 sq. ft. for 2 bedroom units
100 sq. ft. for 3 bedroom units
Parking1-bedroomunits: 1.5 spaces/unitAdd 1.0 space/unit for studios
2-bedroomunits: 2.0 spaces/unit4 spaces/1,000 sq. ft. for
3-bedroomunits: 2.25 spaces/unitcommercial mixed-use
Guest parking ratio of 0.33 is included in
above ratios.
Freeway Commercial SPA Plan Design Guidelines Amendments
The Freeway Commercial North Design Plan was updated to include the proposed new site plan for the
apartments on the east half of FC-2. Specific design guidelines for residential and mixed use
commercial/residential are provided in the Master Precise Plan.
Public Facilities Finance Plan(PFFP) and Fiscal Impact Analysis (FIA)
A PFFP has been prepared as a supplemental document to the original PFFP dated April 1, 2003. The
Freeway Commercial North Supplemental PFFP for this project analyzes the proposed 300-unit addition,
any potential impacts on public facilities and services, and identifies the facilities, phasing and timing
triggers for the provision of facilities and services to serve the project, consistent with the City’s Quality of
Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for
construction of necessary public facilities based on the project’s proposed phasing.
The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the
Tentative Map, requiring payment of various fees at the buildingpermit stage, and/or continuing payments
under the approved Community Facilities District to finance or maintain public facilities. The PFFP
included an analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal
impacts of the project.
The supplemental PFFP also includes a Fiscal Impact Analysis (FIA) of the Freeway Commercial North plan
and phasing program. The Freeway Commercial North Supplemental FIA has been prepared using the
City’s current fiscal impact analysis model. It is important to note that the FIA presents a projection of the
anticipated fiscal impacts of the development, based upon the best information currently available. Actual
fiscal impacts as a result of the development may vary from model outcomes.
Based on the FIA and the assumptions contained therein, both the currently approved project and the
proposed amendment are projected to generate a positive net fiscal impact to the City’s General Fund. The
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relative fiscal performance of the currently approved project and the proposed project over the next 10
years are compared in the table below.
Table 3 –Comparison of Modeled Fiscal Impact Scenarios (Annual Net Impact, Millions)
Year 1Year 2Year 4Year 6Year 8Year 10
Revenues$0.65$0.76$1.83$2.12$2.24$2.30
Approved ProjectExpenses($0.01)($0.13)($0.42)($0.67)($0.68)($0.69)
Net Impact$0.65$0.63$1.41$1.46$1.56$1.62
Revenues$0.65$0.79$2.04$2.31$2.37$2.44
Expenses($0.01)($0.13)($0.72)($0.98)($0.99)($1.01)
Proposed Project
Net Impact$0.65$0.66$1.32$1.33$1.38$1.43
Overall, comparing the projected net annual fiscal impacts in year 10 for the currently approved project
and the proposed project ($1.62 million and $1.43 million, respectively) indicates a $0.19 million reduced
annual positive fiscal impactto the City.
Affordable Housing Plan
The Chula Vista General Plan Housing Element contains objectives, policies and action programs to
accomplish key affordable housingobjectives. Key among these is the affordable housing policy which
requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of
the total dwelling units for low-and moderate-incomehouseholds; one-half of these units (5% of the total
project) being designated for low-income, and the other half (5%) being designated for moderate-income
households.
Based on the entitlement of 900 residential units in FC-2, 45 low-income and 45 moderate-income
affordable units are required. These affordable housing units may be located either within or outside the
plan area.
An Amended and Restated Housing Development Agreement between the City of Chula Vista and Baldwin
and Sons was executed on September 21, 2017, which allows the Developer to satisfy its affordable housing
obligation throughcredits earned by the development of off-site housing at the Olympic Training Center.
The Project may satisfy its affordable housing obligation through a combination of on-site and off-site units.
Water Conservation Plan
The City of Chula Vista’s Growth Management Ordinance requires that all development of 50 units or more
prepare a Water Conservation Plan (WCP) as part of the SPA Plan. This plan presents a review of presently
available technologies and practices that result in water conservation. This plan identifies water
conservation measures that will be incorporated into the project as a condition of approval on the SPA
Plan. A WCP, consistent with the current City standards,has been prepared as a part of the proposed
project. This WCP covers additional land uses proposed by this amendment.
The FC-2 WCP requires that residential development provide hot water pipe insulation, pressure reducing
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valves and water efficient dishwashers. Non-residential measures include hot water pipe insulation,
pressure reducing valves and compliance with Division 5.3 of the California Green Building Standards Code.
In addition, to comply with the City’s current water conservation requirements, the developer will also
include dual flush toilets and water efficient landscaping. Together these measures annually save
approximately 8,850 gallons per multi-family unit.
The WCP also provides a discussion of the local water conservation requirements related to the use of
reclaimed water. The City of Chula Vista Landscape Manual requires the use of recycled water for
irrigation of parks, median landscaping, open space slopes, and common landscaped areas. The Landscape
Manual also requires some drought tolerant plant selection in the landscaping plan and the use of
evapotranspiration controllers for parks and common landscaped areas. Additionally, the Landscape
Water Conservation Ordinance is expected to reduce outdoor water consumption due to the setting of strict
water budgets on City approved landscape plans that must not be exceeded. The use of recycled water and
other water conservation measures is expected to reduce potable water usage by 53,385 gallons per day
(gpd), or 24%.
The proposed conservation measures outlined above, and identified in the FC-2 WCP, comply with the City
of Chula Vista’s Growth Management Ordinance and the goals, objectives and policies of the City’s General
Plan and the Otay Ranch GDP. See the Water Conservation Plan section of the SPA Planfor additional
information.
Air Quality Improvement Plan
The City has included a Growth Management Element (GME) in its General Plan. One of the stated
objectives of the GME is to actively plan to meet federal and state air quality standards. This objective is
incorporated into the GME’s action program. In addition, the City’s Growth Management Ordinance (CVMC
19.09) requires that an Air Quality Improvement Plan (AQIP) be prepared for all major development
projects (50 dwelling units or greater) as part of the SPA Plan process. A new AQIP has been prepared by
Criterion Planners for the FC-2 SPA amendment to comply with the City’s current AQIP Guidelines.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development and to demonstrate how the project’s design reduces vehicle trips, maintains or improves
traffic flow, reduces vehicle miles traveled and reduces direct or indirect greenhouse gas emissions. FC-2 is
considered as an infill project site whose AQIP value derives in large part from existing surrounding uses
interface with the project site. In accordance with the AQIP Guidelines that allow for utilization of other
“equivalent” alternative programs such as LEED ND to demonstrate compliance with INDEX thresholds,
AQIP analysis for FC-2 was completed using the LEED-ND rating system in lieu of INDEX indicators.
Based on the FC-2 project site characteristics, proposed development plan, and surrounding conditions, the
AQIP analysis finds that FC-2 scores the equivalent of 56 points, which would earn a Silver certification
under the LEED-ND rating system. Criterion Planning was the expert consultant, who in conjunction with
City staff worked on the original development of the INDEX indicator thresholds for the City. Based on
their experience with the INDEX model and certifying over 100 LEED-ND projects nationally, the consultant
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concluded that the base ND certification of 40 points is the functional equivalent of INDEX indicator
thresholds. A score of 56 points exceeds the INDEX thresholds and demonstrates clear AQIP compliance.
Fire Protection Plan (FPP)
As determined by the Fire Chief, this project does not require anFPP because it is considered an infill site
that is surrounded by manmade slopes and development.
3.Master Precise Plan Amendment
Master Precise Plan text and exhibits wereupdated to reflectthe proposed new site plan for the
apartments on the east half of FC-2. Overall, the apartment project is consistent with the previously
established architectural theme of development and its character of a compact walkable urban community.
The new wrap style buildings carry the Santa Barbara design theme of Otay Ranch, with its own unique
elements of Spanish Eclectic and Contemporary California to complement the design theme of the
surrounding neighborhoods.
4.Development Agreement Amendment
TheDevelopment Agreement is amended to allow for up to 900 residential units and associated
development triggers for provision of the secondhotel, community purpose facilities, and park
requirement updates. In addition, the amendment waives the City’s PAD fee and requires an in-lieu Park
Benefit Fee for any residential units constructed in excess of the originally approved 600.
5.Village 2 CPF Amendment
The PA-12 Development Agreement allows for provision of CPF land offsite. This project includes an
amendment to Applicant’s Village 2 CPF Agreement, which will change the timing of the delivery of the CPF
land. This will ensure that the Applicant meets their CPF obligation at whichever trigger occurs first,
whether Village 2 or Freeway Commercial.
6.Tentative Map
The Applicant intends to build and operate the project as apartments. The purpose of the tentative
subdivision map is to allocate the additional 300 units to the R/MU land use district. The tentative map
creates 608 residential lots, 10 commercial lots, and 1,049 parking condominium lots on 10.405 acres of
land.
Project Access
Access to the project area is provided from Olympic Parkway via Town Center Drive and Promenade Street,
a private street. All streets will conform to the guidelines set forth in the Freeway CommercialSPA Plan
and City of Chula Vista street design guidelines.
Subdivision Design
The subdivision design consists of 2multi-family residential lotsand1private street lot. The subdivision
will allow a maximum of 608 residential units and 10 commercial units. Because parking is provided in the
common structure, the map creates 1,049 condominium parking spaces.
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Grading
The site is atriangularly-shaped lot bounded by Olympic Parkway on the north, Town Center Drive on the
west, Otay Ranch Town Center Mall on the south, and Eastlake Parkway on the east. The east portion of
Freeway Commercial was sheet-graded in 2002 as a single large pad, mildly sloping (2%) from southeast to
northwest, with a temporary sediment basin near the intersection of Olympic Parkway and Town Center
Drive. The pad area is generally located above the adjacent streets, with a maximum slope height of
approximately 10 feet above the intersection.
The Applicant must obtain a LandDevelopment Permit prior to beginning any earthwork activities at the
site and before issuance ofbuilding permits in accordance with CVMCChapter 15.05. The Applicantmust
also submit grading plans in conformance with the City's Subdivision Manual and theCity' s Development
Storm Water Manual requirements.
7.Design Review
The project includes a Design Review permit (DR17-0037) for a 578-unit multi-family development with
15,000 sq. ft. of ground floor commercial, which is consistent with and implements the intent and design
vision contained in the Freeway Commercial North Design Plan and Master Precise Plan (MPP).
Project Site Characteristics
The 10.4-acre Project site is located within neighborhood R/MU and C/MU in the eastern portion of
Freeway Commercial North, on a vacant, flat and mass graded parcel eastof Town Center Drive. It is
bordered by Olympic Parkway on the north, Town Center Drive on the west, Otay Ranch Town Center mall
on the south, Eastlake Parkway on the east.
Project Description
The project consists oftwo separate lots with a private street bisecting the two parcels. Lot 1 (Building A)
proposes a 4 to 5-story building with 15,000 square-feet of retail along Town Center Drive and 237
apartment units around a 5-story parking structure. Lot 2 (Building B) proposes a 4-story building with
341 apartment units around a 5-story parking structure. There is direct access to residential units from
each level of the parking garage through interior corridors. For Lot 1, the apartment unit mix is comprised
of 32 studios, 117 one-bedroom, and 88 two-bedroom units. For Lot 2, the apartment unit mix is
comprised of 24 studios, 173 one-bedroom, and 144 two-bedroom units. For the total of 578 units in both
buildings, the unit mix is as follows: 10% studios, 50% 1-bedroom, and 40% 2-bedroom units. There are
two different floor plans for a studio, five floor plans for a one-bedroom, and six floor plans for a two-
bedroom unit. Each unit has a minimum 60 sq. ft. balcony
The Project meets the required open space and parking for the site. Private open space is provided by
balconies at each residential unit. Common open space is provided by several courtyard areas, private mini
parks, two swimming pools –one at each building, dog park, tot lot, and two project entry park areas.
There are two driveway entrances, one off of Town Center Drive and one off of Promenade Street. Adjacent
to the south of the project is the new BRT line. Ground floor commercial is located entirely in building “A”
along Town Center Drive. This building also includes a leasingoffice. Both buildings have elevators and
trash chutes.
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Compliance with Development Standards
The following Project Data Table shows Freeway Commercial SPA development regulations along with the
Applicant’s proposal to meet said requirements.
Table 4 –Project Data Table
Assessor’s Parcel Number:643-020-88-00
Current Zoning:R/MU and C/MU
General Plan DesignationMixed Use Residential
Lot Area:10.4 ac
PARKING REQUIRED:PARKING PROPOSED:
ResidentialResidential
Lot 1, Building A:Lot 1, Building A:
1 space per studio (x 32 units)401 spaces are provided (24 extra)
1.5 spaces per 1-bed (x 117 units)
2.0 spaces per 2-bedroom (88 units)
Total: 384 spaces
Lot 2, Building B:
Lot 2, Building B:Total: 597 spaces are provided (25 extra)
1 space per studio (x 24 units)
1.5 spaces per 1-bed (x 173 units)
2.0 spaces per 2-bedroom (144 units)
Total: 572 spaces
Commercial:
Commercial:Total: 67 parking spaces are provided (7 extra)
4 spaces per 1,000 sq. ft. of commercial
(x 15,000 sq. ft)
Total: 60 spaces
Setbacks/Height REQUIRED:Setbacks/Height PROPOSED:
Front: Subject to Design ReviewFront: Setback along Olympic Pkwy and
Side: Subject to Design ReviewEastlake Pkwy: 18’
Rear: Subject to Design ReviewSide: Setback along Town Center Drive: 25’
Height: 75’* Rear: Setback along BRT guideway:10’
*Building features may exceed maximum height Height Bldg “A”:
with Design Review approval.84’-8” to 61’-8” along Olympic Pkwy.
79’-8” along Town Center Dr.
51’-10” along Promenade St.
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Height Bldg “B”:
61’-8” to 48’-11” along Olympic Pkwy.
48’-11” along Town Center Dr.
48’-11” along Eastlake Pkwy
58’-6” along Promenade St.
OPEN SPACE REQUIRED:OPEN SPACE PROPOSED:
Common Useable:Common Useable:
200 sq. ft. per unit x 578 units 115,665 sq. ft.
Total common space required: 115,600 sq. ft.
Private Useable:Private Useable:
60 sq. ft. per unit x 578 units36,943 sq. ft. (2,263 sq. ft. over req.)
Total private space required: 34,680 sq. ft.
Compliance with Freeway Commercial SPA Design Guidelines
Staff is utilizing the Otay Ranch Freeway Commercial SPA Planned Community District Regulations and the
Freeway Commercial North Master Precise Plan to evaluate this project. The applicable design criteria are
first presented in italics followed by staff discussion, analysis and staff recommendation in non-italics.
Site Planning and Building Placement/Orientation
Encourage multi-modal street design. Enhance the pedestrian and cyclist experience.
Create courtyards and paseos, extending the park experience across Town Center Drive to enhance
pedestrian connections and provide a variety of places for people to socialize and enjoy nature.
Neighborhood streets should promote a social street life experience.
Angled parking along Town Center Drive.
Well defined pedestrian circulation with pedestrian connection to nearby transit station.
Project design follows the above criteria.
To encourage multi-modal design, Town Center Drive is designed to provide sharrow markings connecting
the project to the existing bike lane route along Olympic Parkway. Back-in diagonal parking along Town
Center Drive prioritizes pedestrian and bicyclist safety and slows down traffic. The project is providing a
secure onsite bike storage facility. Pedestrian and cyclist experiencesareenhanced with pedestrian-
friendly features along the streets, such as tree-lined landscape parkways, hardscape with pavers in special
locations and tree wells to buffer pedestrian sidewalks; setbacks to promote a pedestrian-oriented
environment; pedestrian-scale façade features on sidewalk-fronting buildings such as horizontal
components, overhangs, facade detail, display areas, and pedestrian seating along ground floor commercial
frontage. Streets include pedestrian-scale lighting in addition to street light poles and street trees.
Pedestrian breezeways are provided through the buildings in key locations to facilitate pedestrian
connections. Connection to local bus stations is provided via a direct route along Town Center Drive to the
bus stop on Olympic Parkway and via Promenade Street to the bus stop on Eastlake Parkway. Connection
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to the BRT Park & Ride station is provided via Town Center Drive, and along a palm tree-line pedestrian
walkway through Otay Ranch Town Center mall.
The innovative type of building, the so-called “Texas wrap” intrinsically encourages pedestrian activity
through the nature of its building configuration. Since the parking structure cannot be seen from the street
and greatly reduces surface parking, the project has an increased visual appeal and safety (i.e. minimizing
pedestrian and vehicular conflict). Additionally, this style of architecture encourages pedestrian activity
through a mix of uses, higher density and enhanced pedestrian-oriented design.
Architectural Theme
Buildings shall use simple massing forms that convey solid construction techniques. The design of
all front or pedestrian-oriented building elevations shall clearly convey a distinct base, middle, and
cornice feature.
Building massing shall be broken up subtly into smaller units to engage the streetscape with
pedestrian-scaled features.
Elevations shall be articulated to reduce the box-like appearance and visual impact ofrepetitive
rooflines.
In larger buildings or groups of buildings, massing shall be accented with pronounced horizontal or
vertical massing features. This may include a tower element, vertical stair element, horizontal
colonnade or horizontal succession of porches or trellis features, a colonnade, projecting eaves,
accented vertical parapet or offset parapets, or similar design features.
Large, uninterrupted wall planes are prohibited. Where entries, windows, glazing, or other
articulating features are not feasible, elevations shall be broken up with the use of wall plane
offsets, change in materials, and/or change in color.
The project design meets the requirements above.
The proposed buildings on the site will take on an aesthetic of abstract Spanish with elements of
contemporary California, which identifies with a lively urban lifestyle, but still rooted in history.
Architectural elements such as awnings, balconies, and trellises are appended to the building for interest
and reducing mass. The buildings will employ mostly exterior plaster, accented with wood siding of
various hues and finishes to add interest. Furthermore, in order to avoid monolithic buildings of the same
continuous height, the buildings are topped with gable and hipped roof elements adjacent to flat, parapet
roofs, adding to the contemporary nature of the style.
Building “A” embodies the mixed-use element of the project with a more “Irving Gill” inspired architecture,
incorporating clean lines, varied roof elements, and arches. The area fronting Town Center Drive will be
lined with retail function, with accent materials such as stone and wood siding materials, and a continuous
storefront façade. Building “B” is all residential and will have mostly exterior plaster with enhanced
materials, including wood elements such as siding and awnings. Both buildings will look different, but will
complement each other through massing, color, and materials.
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Building “A,” which is situated along Town Center Drive is composed of ground floor retail serving the local
residents and visitors, and 4 and 5 stories of multi-family residential units above. Building “B” contains 4
levels of multi-family residential units. The design features include:
Primary enhanced architectural elements located at the corner of Town Center Drive and Olympic
parkway to the north and the Otay Ranch Town Center Mall parking lot entry to the south.
A park/plaza space, along with a secondary enhanced architectural element at the corner of Town
Center Drive and Private Drive.
Special architectural enhanced facades along Town Center Drive and Centerpark public park.
Enhanced architectural elements at the corner of Promenade St. and Olympic Parkway.
The interface between Building “A” and Building “B” along Promenade Street are well-defined.
Both buildings employ courtyards that break up the massing along Promenade Street and avoids
long stretches of shadow for a more pedestrian friendly experience.
The courtyards and walkways along Promenade Street are landscaped to enhance the pedestrian
experience.
Amenity courtyards and vehicular entry drives for both buildings front each other andpromote
ease of pedestrian flow between buildings and social interaction.
Vehicular entries occur at the same intersections for both buildings to minimize curb cuts,
minimizing potential conflicts between pedestrians and vehicles.
Parking
See Project Data Table above.
The project meets its accessible parking requirement of 3 American Disabilities Act (ADA) spaces for
commercial parking, 8 ADA spaces for residential parking in Building “A” and 12 ADA spaces for residential
parking in Building “B.”
Open Space
The Freeway Commercial SPA regulations require 200 sq. ft. of Common Usable Open Space per unit in the
R/MU zoning district. The project requires 115,600 sq. ft. of Common Usable Open Space for 578 units; a
total of 115,665 sq. ft. is provided. The SPA Plan also requires 60 sq. ft. of Private Open Space per unitfor a
total requirement of 34,680 sq. ft.; a total of 36,943 sq. ft. is provided.
Storage
Although the project is proposed as apartments, which do not require provision of storage space that are
required for condominiums, the project provides storage space for condominiums. For studio and one-
bedroom units, the required storage space is 150 cubic feet (cu. ft.); the project provides 202-364 and 189-
287 cu. ft., respectively. For two-bedroom units, the storage requirement is 200 cu. ft. and the project
provides440 cu. ft. of storage space.
Public Outreach
On February 1, 2018 the Applicant facilitated a community meeting at the Otay Ranch Library Branch in the
Otay Ranch Town Center (The Hub). Four people from the public were in attendance along with staff and
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the applicant team. The key issues raised at this meeting were California Environmental Quality Act
review, traffic impacts, pedestrian safety, and adequate services citywide. Also, the residents expressed
that there were more people who would be interested in attending the meeting who did not receive the
meeting notice. As a result of the issues raised, staff and the Applicant informed those in attendance that a
second meeting would be held.
On March 12, 2018 the Applicant facilitated a second community meeting at the Otay Ranch Residence Inn,
which is located onsite at the Freeway Commercial SPA. Approximately 15 people from the public were in
attendance along with staff and the applicant team. Similar concerns were expressed at this meeting as the
first meeting.
On October 16, 2018 the Applicant facilitated a third community meeting at the Otay Ranch Residence Inn.
Approximately 20 people from the public were in attendance along with staff and the applicant team. Staff
prepared a response to the issues raised by the residents at the three public community meetings. The
response matrix is provided as Attachment 6.
Conclusion
Within Freeway Commercial North, the proposed integrated land uses, development intensities and
grading program directly implement the provisions of the City’s GP and the Otay Ranch GDP that foster
“Smart Growth.” The proposed project provides all of the public facilities required by the Otay Ranch GDP.
The additional higher-density mixed use residential located proximate to the hotels, park, and ancillary
retail commercial further implement pedestrian-and transit-oriented policies and is in conformance with
the goals, objectives and policies of the GP and the Otay Ranch GDP. The Development Agreement contains
specific triggers for the provision of the second hotel, urban park and CPF.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council 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 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 andhas not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
All costs associated with processing the Project are borne by the Applicant, resulting in no net impact to the
General Fund or Development Services Fund. Costs associated with the processing of future implementing
permits, will also be recovered by permit and processing fees.
ONGOING FISCALIMPACT
The proposed project results in an increase of 300 multi-family units within Freeway Commercial North.
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The Supplemental FIA for the Freeway Commercial North Amendment estimates an average positive net
fiscal impact of $1,184,595 annually over thenext ten years. This represents an average decrease of
approximately $95,931 annually, as compared with the approved project for the same period. See the
following table for additional detail.
Table 5 –Projected Net Fiscal Impact
Approved ProjectProposed ProjectChange
10-Year10-Year10-Year
CumulativeAverageCumulativeAverageCumulativeAverage
Projected
$ 17,571,885 $ 1,757,188 $ 18,997,264 $ 1,899,726 $ 1,425,379 $ 142,538
Revenues
Projected
Expenditures$ (4,766,623)$ (476,662)$ (7,151,311)$ (715,131)$(2,384,688)$(238,469)
Projected
Net Impact$ 12,805,262 $ 1,280,526 $ 11,845,953 $ 1,184,595 $ (959,309)$ (95,931)
ATTACHMENTS
1.Locator Map
2.Planning Commission Resolution GDP/SPA/MPP/DAs/Addendum
3.Disclosure Statement
4.Development Agreement Amendment
5.First Amendment to CPF Agreement for Village 2
6.Issues Response Matrix to Community Meeting(s) Comments
7.Response letter –Lozeau Drury
8.GDP and SPA Amendments
9.Tentative Map
10.Design Review
11.Third EIR Addendum
12.Technical Reports
Otay Ranch GDP, Freeway Commercial North SPA Amendments, Tentative Map, Design Review, and
Third Addendum to FEIR 02-04, and Technical Reports (Flash drive provided)
Staff Contact:Stan Donn, SeniorPlanner, Development Services Department
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RESOLUTION NO. GDPA/MPA17-0012; MPA 17-0011; IS 17-0005; DR17-0037;
PCS 19-0001
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL:
1) CONSIDER THIRD ADDENDUM TO FEIR02-04; 2) APPROVE
AMENDMENTSTOTHEOTAYRANCHGENERAL
DEVELOPMENT PLAN (GDP); FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN, COMMUNITY
DISTRICT REGULATIONS,DESIGN PLAN,LAND USE DISTRICTS
MAPANDASSOCIATEDREGULATORYDOCUMENTS;
DEVELOPMENT AGREEMENT; AND OTAY RANCH FREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN FOR OTAY
RANCH PLANNING AREA 12 FREEWAY COMMERCIAL NORTH;
ANDCOMMUNITYPUBLICFACILITYAGREEMENT
AMENDMENT FOR VILLAGE 2.
WHEREAS, the parcel, that is the subject matter of this resolution, is represented
in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose
of general description is located in the northern 36-acre portion of Freeway Commercial
Planning Area 12 of Otay Ranch(Project Site); and
WHEREAS, on November 16, 2017, a duly verified applicationwasfiled with the
City of Chula Vista Development Services Department by Baldwin & Sons (Applicant)
requesting approval ofamendmentsto the Otay Ranch General Development Plan (GDP)
(MPA17-0012), Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan
(MPA17-0011),including the Planned Community District Regulations, and Design Plan;
Master Precise Plan(MPP)and Development Agreement (DA) for the Freeway
Commercial North portion of Otay Ranch Planning Area12(PA-12)to add 300 multi-
family units within the easterly portion ofthe approximate 10.4acre project site, including
Initial Study (IS17-0005), Design Review Permit (DR17-0037);and Tentative Subdivision
Map (PCS19-0001), and a separate Community Public Facility (CPF)Agreement for
Village 2 (the “Project”); and
WHEREAS, the property has beenthe subject matter of an amendment to the City’s
General Plan (GP) and the Otay Ranch General Development Plan (GDP) approved on
May 26, 2015 and adopted by City Council by Resolution No.2015-114; andthe Otay
Ranch Freeway Commercial SPA Planand associated regulatory documents approved on
September 13, 2016 by Resolution No. 2016-187; Tentative Map CVT 15-0007 by
Resolution No. 2016-189; amendments to the Otay Ranch Freeway Commercial Planned
Community District Regulations by Ordinance No. 2016-3376; and Design Review Permit
DR16-0030 by Resolution No. 2016-189; and
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the Project was covered in the previously adopted Final Environmental Impact Report
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PC Resolution MPA17-0011; MPA17-0012; IS 17-0005; DR17-0037; PCS19-0001
May 22, 2019
Page 2
for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning
Area12(FEIR 02-04) (SCH #1989010154),and has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Services Director has
caused for the preparationof a ThirdAddendum to FEIR 02-04; and
WHEREAS, the Development Services Director set the time and place for a hearing
on the Project, and noticeof said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property
owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to
the hearing; and
WHEREAS, the Planning Commissionheld an advertisedpublic hearing on the
Project, took public testimony, heard staff’s presentation, and thereafter closed the hearing.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of Chula Vista, after hearing public testimony, staff’s presentation and after reviewing
all of the subject documents, hereby recommends that the City Council adopt the attached
Draft City Council Resolutions and Ordinancesapproving the Project in accordancewith
the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula
Vista thata copy of this Resolution and the draft City Council Resolutions and Ordinances
be transmitted to the City Council.
Presented by:Approved as to form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk
Fee Exempt B Gov’t Code '6103
(Space above for Recorder’s Use)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
between the
City of Chula Vista,
Village IITown Center, LLC
and
Sunranch Capital Partners, LLC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Amendment) dated
for reference purposesonly as of ________________, 2019, is entered into by and among THE
CITY OF CHULA VISTA, a California charter city and municipal corporation (City),
VILLAGE II TOWN CENTER, LLC, a California limited liability company (Village II) and
SUNRANCH CAPITAL PARTNERS, LLC, a Delaware limited liability company (Sunranch).
Village II and Sunranch are collectively referred to in this Amendment as the “Owner.” The
City or the Owner are sometimes individually referred to in this Amendment as a “Party”and are
collectively referred to as the “Parties.” The Parties enter into this Amendment with reference to
the following facts:
RECITALS
A.Development Agreement. Owner and City are parties to that certain Development
Agreement recorded in the Official Records of the County of San Diego, State of California, on
June 17, 2015 as Doc. No. 2015-0312805 (Agreement) for the property in the City of Chula
Vista, State of California, more particularly described in the Agreement. Terms defined in the
Agreement shall have same meaning when used in this Amendment.
B.First Hotel. A 148-room hotel meeting the requirements for the first hotel, as
described in Section 5.1.1 of the Agreement, has been completed.
C.CFD. A Community Facilities District (CFD) for the maintenance of the Park, as
described in Section 5.3.1.3 of the Agreement, has been created.
D.BRT Right of Way. The right-of-way for the Bus Rapid Transit (BRT) line right
of way, as described in Section 5.3.3 of the Agreement, has been dedicated.
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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E.AffordableHousing Agreement. An Amended and Restated Housing
Development Agreement, which provides for housing credits against Owner’s affordable
housing obligations in Planning Area (PA)12, was entered into between Owner and the City in
September 2017.
F.Transit-Oriented Development.The City would like Owner to construct mid-rise
higher density apartments with mixed-use ground floor commercial east of Town Center Drive
near the BRT line, because the City finds that:
a.This change to the project will promotethe principles of smart growth,
maximizingland use potential within walking range of Otay Ranch BRT stationand ensuring
transit-supportive densities near BRT line.
b.The transit-oriented developmentwill establish a compact walkable
community by replacing surface parking with 5-level structured parking,benefitingthe
environment by reducing carbon emissions.
c.This type of housing product, which is considered costly to construct and
has not been built in Chula Vista, will improve housing affordabilityand economic development
by providinga more diverse mix of housing types in a fiscally sustainable manner.
d.The City wants this form of developmentand Owner is willing to fund this
high-cost product.
G.Amendment. Toachieve the City’s transit-oriented development objectivesand
assure that both Parties can achieve the mutual benefits envisioned in the Agreement, Owner and
City would like to amend the Agreement as provided in this Amendment.
NOW, THEREFORE, in consideration of the aboveRecitals and the mutual obligations
of the Parties set forth herein, Owner and City agree as follows:
1.Residential Density. Maximum residential density for the FC-2 area of the
Sectional Planning Area (SPA)Plan shall be amendedto allow forup to 900residential units.
2.Second Hotel. The trigger for the commencementof construction of the Second
Hotel is hereby changed. Owner shall commence constructionof the Second Hotel prior to
st
issuance of the building permit for the 651residential unit. Section 5.1.2 of the Agreement is
hereby replaced in its entirety with the following:
“5.1.2Owner shall commence substantial construction of the second hotel containing
150 hotel rooms (or the number of rooms needed to bring the total hotel room
count of the two hotels to a total of 300 rooms) (the “Second Hotel”) prior to
issuance of thebuilding permit for the651st residential unitfor the Project. In the
event that Owner has not pulled building permits and, in the reasonable
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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determination of the Director of Development Services, commenced substantial
construction of the Second Hotel prior to the issuance of the building permit for
the 651st residential unitfor the Project, Owner shall pay to the City the amount
of $629,860 per year (the “In Lieu Hotel Payment”) as provided herein.
Owner shall make the first In Lieu Hotel Payment to the City prior to the final
inspection for the building permit for the 651st residential unitfor the Project.
Owner shall, thereafter, make the In Lieu Hotel Payment annually on the
anniversary date of the issuance of the building permit for the 651st residential
unitfor the Project. Owner's obligation to make the In Lieu Hotel Payment shall
continue until the earlier to occur of (a) the beginning of substantial construction,
in the reasonable determination of the Director of Development Services, of the
Second Hotel, or (b) the twentieth (20th) anniversary of the Effective Date of the
Agreement. Owner's obligation to make the In Lieu Hotel Payment shall be
secured by a security interest in the Property or, at the Owner's request, by
another security interest reasonably acceptable to the City Manager and City
Attorney. Owner shall, at the City's request, enter into a separate promissory note
and deed of trust to secure the obligation to make the In Lieu Hotel Payment at
the time of issuance of the building permit for the 651st residential unit. Failure to
make the In Lieu Hotel Payment when due shall be a material breach of this
Agreement and shall, in addition to other available remedies, entitle the City to
foreclose on its security interest. Notwithstanding the foregoing, Owner's
obligation to make the In Lieu Hotel Payment hereunder shall terminate in the
event that the City issues final approval or enters into a contract for the provision
of direct or indirect financial incentives to another hotel development within the
Otay Ranch community, without first meeting and conferring with Owner in good
faith regarding the provision of substantially equivalent financial incentives, and,
if Owner's hotel qualifies for such incentives, tendering to the City Council for its
consideration approval of such incentives. City Council shall reserve the right to
approve or disapprove such incentives in its sole discretion.”
3.Commercial/Mixed Use. The requirement for construction of commercial
development on the Property is hereby reduced. Owner shall only be required to construct
15,000 square feet of commercial development on the Property. Section 5.2 of the Agreement is
hereby replaced in its entirety with the following:
“5.2Construction of Commercial/Mixed Use. Owner agrees and acknowledges that
the SPA Plan originally contemplated only commercial development on the
Property. Although the City has agreed to amend the SPA Plan to allow
residential development on the Property, commercial development is still an
important use for the site. Therefore, Owner agrees to obtain building permits for
and commence substantial construction of 15,000 square feet of commercial
development on the Property in accordance with the Project Approvals prior to or
concurrently with obtaining building permits and commencing construction of the
residential development located east of Town Center Drive. The 15,000 square
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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feet of commercial development will be constructed to construction standards that
qualify for commercial occupancy “B” or “M”.”
4.Park
a.Park and Park Site. Section 5.3.1 of the Agreement is hereby replaced in
its entirety with the following:
“Based on City standards in effect as of August 2018, Owner’s park obligations
(land and improvements) related to the Project would require the dedication and
the improvement to City standards of up to a 7.05-acrepark on the Property, if all
900residential units are built. Owner’s actual baseline park obligations shall be
established for the first 600 residential units at the time park obligations become
due for those units in accordance with City standards, including, but not limited
to, Chapter 17.10 of the Chula Vista Municipal Codeusing the PAD fee rates in
effect as of the datesof final inspection for each of the units (“Baseline Park
Obligations”). Owner’s actual additional park obligations shall be established for
the final (up to) 300 residential units at the time park obligations become due for
those unitsin accordance with City standards, including, but not limited to,
Chapter 17.10 of the Chula Vista Municipal Code using the PAD fee rates in
effect as of the dates of final inspection for each of the units(“Additional Park
Obligations”). Owner shall satisfy its actual park obligations as follows:”
b.Granting of Park Site and Development of thePark. Section5.3.1.1 of the
Agreement is hereby replaced in its entirety with the following:
“Owner shall grant two (2) acres of the Property (the “Park Site”)to the City in a
permanent easement for public usageandshall develop a highly amenitized,
“turnkey” park (the “Park”) on the Park Site, as described in this Agreement, to
the satisfaction ofthe Director of Development Services.The Park shall generally
be located as depicted in Exhibit “B,” with the final location subject to City
approval. In order to create an extraordinary public space, the Park shall
generally consist of the elementsdescribed in Exhibit “E” to this Agreement.
Owner shall invest substantially more to the development and granting of the Park
than would be typical for a City standard park, up to andincludingthevalue
equivalenttothededicationand improvementrequiredtoachievetheOwner’s
Baseline Park Obligations. Owner shall commence construction of the Park prior
th
totheissuanceofthefive hundred thirtieth (530)residentialbuildingpermitand
substantiallycompletethePark within fifteen (15) months of commencement of
construction.”
c.Audit and Payment of Excess Park Obligations. Section 5.3.1.2 of the
Agreement is hereby replaced in its entirety with the following:
City of Chula Vista Amendment to Agreement No.: ________
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2019-06-18 Agenda PacketPage 268 of 1481
“Ownershall, withinsixty(60)daysofthedateonwhichtheDirectorof
DevelopmentServicesreasonablydetermines,inwriting,that the Park has been
completed, exclusive of the warranty period, provide the City, for its review and
approval, all documentation theCityreasonablyrequires,todeterminethecost
(landand improvement)oftheOwner’sconstructionoftheParkonthe ParkSite.
TheCityshallusethisinformationtopreparean auditoftheactualcosts ofthe
developmentoftheParkonthe Park Site.The audit shall also compare the actual
costs of the developmentoftheParkontheParkSite(includingtheactual costs
incurred during the warranty period) with the value of the Owner’s actual
Baseline Park Obligations.Based on this audit, Owner shall satisfy its remaining
park obligations, if any, by paying the excessparkobligationstotheCity’sPAD
feeaccountforthe developmentofotherparksineastern Chula Vista. Such
excesspark obligationsshallbecalculatedthroughtheauditandshallbe paid as
either a pro rata permit fees collected in connection with anyremainingresidential
permitsor,ifnoresidentialpermits remain,inalumpsumpaymenttotheCity
madewithinsixty (60)daysoftheaudit,orsuchlaterdateasisapprovedbythe
Director of Development Services.”
c.Park Benefit Fees. Section 5.3.1.5 is added, as follows:
“Park Benefit Fees.The development of the Park described in Section 5.3.1.1
of the Agreement will satisfy the Developer’s Baseline Park Obligation. Given
the lack of available acreage that could be acquired to serve the Project, the City
hereby waives PAD fees for the remaining 300 residential units. Developer shall
meet its Additional Park Obligation for each residential unit in excess of 600
through payment ofa Park BenefitFee. The Park Benefit Fee shall be in an
amount equal to the PAD fees that would otherwise have been due pursuant to
Chapter 17.10 of the Chula Vista Municipal Code. The Park Benefit Fee shall be
due and payable no earlier than building permit issuance, but no later than final
inspection and shall be assessed using the PAD fee rates in effect as of the date of
payment. Park Benefit Fees may be utilized by the City to acquire or develop
parkland serving the City’s eastern territories.”
5.Community Purpose Facilities. Section 5.3.2 of the Agreement is hereby replaced
in its entirety with the following:
“Owner shall provide a total of 3.24 acres of net usable land for Community
Purpose Facilities (CPF) if all 900residential units are built. If not all 900
residential units are built, then Owner shall provide a pro-rated amount of CPF in
accordance with the actual amount of the total number of residential units built
(e.g. 900 residential units = 3.24 acres of net usable land for CPF; while 700
residential units = 2.52 acres of net usable land for CPF). Owner may satisfy this
CPF requirement in any manner consistent with Chula Vista Municipal Code
Section 19.48.025, which may include the provision of the CPF land offsite,
City of Chula Vista Amendment to Agreement No.: ________
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alternative compliance, or adjustments to the percentage limitations on the types
of facilities, including recreational facilities, that may count toward satisfying the
CPF requirement, all in the discretion of the Director of Development Services.
Owner shall commence grading of the CPF land or begin alternative compliance
prior to the issuance of the building permit for the five hundred thirtieth (530th)
residential unit.”
6.Term.The Agreement shall have a remaining term of twenty (20) years from the
effective date of the enabling ordinance by which this Amendment is approved, subject to
extension as provided in Section 6.1.1.
7.Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
8.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.
\[Signatures on following page\]
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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Owner and City have executed this Amendment, which is effective as of the effective
date of the enabling ordinance which is at second reading of the City Council.
CITYOWNER
CITY OF CHULA VISTA, a California VILLAGE II TOWN CENTER, LLC, a
charter city and municipal corporationCalifornia limited liability company*
By:By:
Mary Casillas Salas, Mayor Name:
Title:
Date:
ATTEST:By:
Name:
Title:
By:Date:
Kerry K. Bigelow, City Clerk
SUNRANCH CAPITAL PARTNERS, LLC, a
APPROVED AS TO FORM:Delaware limited liability company*
By:
Name:
By:
Glen R. Googins, City AttorneyTitle:
By:
Name:
Title:
Date:
J:\\Attorney\\MichaelSh\\Freeway Commercial -2019\\DA-Amendment\\DAAmend-FwyComml-4.25.19-5.13.19-Final.docx
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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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, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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2019-06-18 Agenda PacketPage 272 of 1481
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, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
PA 12 –DA amendment, April 2019
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2019-06-18 Agenda PacketPage 273 of 1481
RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk
Fee Exempt B Gov’t Code '6103
(Space above for Recorder’s Use)
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
THIS FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO
("Amendment") dated and effective as of ________________, 201__,(the "Effective Date")is
entered into by and among THE CITY OF CHULA VISTA, a California charter city and
municipal corporation ("City"), and OTAY PROJECT, L.P., a California limited partnership
("OPLP"). The City or OPLPare sometimes individually referred to in this Amendment as a
"Party" and are collectively referred to as the "Parties". The Parties enter into this Amendment
with reference to the following facts:
RECITALS
A.CPF Agreement. OPLPand City are parties to that certain Agreement for the
Provision of Community Purpose Facility (CPF) Acreage for Otay Ranch Village Two dated
August 22, 2012 and recorded in the Official Records of the County of San Diego, State of
California, on November19, 2012as Doc. No. 2012-0722469 ("Agreement") for the property in
the City of Chula Vista, State of California, more particularly described in the Agreement.
Terms defined in the Agreement shall have same meaning when used in this Amendment.
B.Timingof Delivery of CPF Site. The Parties would like to change the provision
of the Agreement regarding the timing of delivery of the Restricted Acreage, asprovided below
in this Amendment.
C.Amendment. Toassure that both Parties can achieve the mutualbenefits
envisioned in the Agreement, OPLPand City areamendingthe Agreement as provided in this
Amendment.
City of Chula Vista Amendment to Agreement No.: ________
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2019-06-18 Agenda PacketPage 274 of 1481
NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations
of the Parties set forth herein, OPLPand City agree as follows:
1.Delivery of the CPF Site. The trigger for the delivery of the CPF Site is hereby
changed. Rather than using a fixed number of units, the trigger shall be based on a percentage of
units built. ArticleIV.,Section A. of the Agreement (Delivery of CPF Site -Timing of
Development) is hereby replaced in its entirety with the following:
A A.Timing of Development. Prior to the issuance of building permit for the
residential unit representing 75% of the total number of units to be
constructed in Village 2, OPLP shall have graded the Restricted Acreage
to a 3% or less slope, cleared any and all obstructions on the property, and
established legal access and installed utility connections up to the property
boundary.”
2.Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
3.Recording. This Amendment shall be recorded by OPLP against all properties
zoned for residential development owned by OPLP located within Village 2 within fifteen (15)
calendar days of the Effective Date.
\[Remainder of page intentionallyleft blank\]
City of Chula Vista Amendment to Agreement No.: ________
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SIGNATURE PAGE TO
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
IN WITNESS WHEREOF, City and OPLP have executed this Amendment, indicating
thatthey have read and understood same, and indicate their full and complete consent to its
terms:
CITYOPLP
CITY OF CHULA VISTA, a California OTAY PROJECT, L.P.,
charter city and municipal corporationa California limited partnership *
By:By:
Mary Casillas Salas, Mayor Name:
Title:
ATTEST:By:
Name:
Title:
By:
Kerry K. Bigelow, City Clerk*Attach partnership signature authority.
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
J:\\Attorney\\MichaelSh\\Village 2\\CPF Agreement\\V2-FirstAmendCPFAgrmnt-12.26.18-Final.docx
City of Chula Vista Amendment to Agreement No.: ________
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2019-06-18 Agenda PacketPage 276 of 1481
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, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
4
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2019-06-18 Agenda PacketPage 277 of 1481
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, ,
NotaryPublicinandforsaidState,personallyappeared
_________________________________________________________, 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)
City of Chula Vista Amendment to Agreement No.: ________
5
V2 –CPF agreement amendment.14dec18
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Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
IssueResponse
1Additional units will cause increased traffic,A traffic study for the proposed project was
including pedestrian safetyconcerns.prepared by Chen Ryan, a registered Traffic
Engineer, and was reviewed by the City’s
registered Traffic Engineer. The adjacent
roadways will continue to operate at acceptable
levels of service during both the AMand PM peak
hours. In addition to project intersections, the
study also analyzedtheproject in conjunction
with otherprojectsalready built to examinethe
cumulative effects. A buildout analysis was
conducted which includes all traffic from regional
and local growth, as well as all planned cumulative
projects. The forecast traffic volume was obtained
from one of City’s most recently approved
Environmental Impact Reports (EIRs)(University
Village EIR).
The traffic study also analyzedpedestrian counts
and signal timing for pedestrian safety. The signal
timing calculation includedpedestrian crossing
timingwhich confirmed that the project does not
result in any impact to pedestrian safety at the
intersections analyzed. The study concluded that
all roadways and intersections will continue to
operate at acceptable levelsof service, and the
addition of project traffic will not result in any
traffic impacts on any of the study segments and
intersections.
2Schoolswill be overcrowded.The project is served by theChula Vista
Elementary School District and Sweetwater Union
High School District. In letters to the Applicant
dated December 11, 2018 and January 31, 2019
both school districtshave indicated to the
Applicant that there are no objections to the
project and they have enough capacity to serve
the students from the project.
3There is not enough watersupplyto serve The Otay Water District (OWD) is the supplier of
the project.water to this project and OWD in its letter dated
December 14, 2017 to the Applicant has
determined that it has adequate supplies and
infrastructure to serve the project.
1
2019-06-18 Agenda PacketPage 279 of 1481
Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
4Police and fire service will be inadequate Developer will pay impact fees to the City to cover
with additional units.the cost for additional police and fire facilities.
5.What is the CEQA review requirement for Section 21002 of the California Environmental Act
the project?(CEQA)requires that an EIRidentify the significant
effects of a project on the environment and
provide measures or alternatives that can mitigate
or avoid those significant effects. The Freeway
Commercial Sectional Planning Area (SPA)was
analyzed in the previously adopted Final
Environmental Impact Report (FEIR) for the Otay
Ranch Freeway Commercial SPA Plan -Planning
Area 12 (FEIR 02-04) (SCH #1989010154). The
First Addendum to the FEIR was approved for the
General Plan and Otay Ranch General
Development Plan Amendments in May 2015. The
Second Addendum to the FEIR was approved for
the SPA Plan Amendment in September 2016. The
First and Second Addendums to the FEIR analyzed
the impact of the General Plan, General
Development Plan and SPA Plan amendments,
based on the urban, mixeduse development
proposal. As a result of this analysis, the basic
conclusions and impacts identified in FEIR 02-04
were determined to not have changed. The land
use and public service impacts for the proposed
project are found to be less than significant and
were adequately covered in FEIR 02-04 for the
previoustwoAddendums. Therefore,in
accordance with Section 15164 of the CEQA
Guidelines, the City has prepared the Third
Addendum to the FEIR. The Third Addendum
provides an environmental analysis of the
potential impacts associated with implementing
the proposed Freeway Commercial SPA Plan and
Master Precise Plan Amendment. As a result of
this analysis, the basic conclusions and impacts
identified in FEIR 02-04 were determined to not
have changed. The land use and public service
impacts are found to be less than significant for
this SPA Plan amendment, Design Review and
Tentative Map proposed project and were
adequately covered in FEIR 02-04.
6.Are citywide services adequate to serve the A Public Facilities Finance Plan (PFFP) has been
proposed density increase?prepared as a supplemental document to the
original PFFP dated April 1, 2003. The Freeway
2
2019-06-18 Agenda PacketPage 280 of 1481
Freeway Commercial Density Increase
Issuesand Responses
MPA17-0011/DR17-0037
Commercial North Supplemental PFFP for this
project analyzes the proposed 300-unit addition,
any potential impacts on public facilities and
services, and identifies the facilities, phasing and
timing triggers for the provision of facilities and
services to serve the project, consistent with the
City’s Quality of Life Threshold Standards. The
PFFP describes in detail the cost, financing
mechanism and timing for construction of
necessary public facilities based on the project’s
proposed phasing.
The public facilities needed to serve the project
will be guaranteed by placing conditions of
approval on the Tentative Map, requiring
payment of various fees at the building permit
stage, and/or continuing payment of bond
payments under the approved Community
Facilities Districts to finance or maintain public
facilities. The PFFP included an analysis of
transportation, drainage, water, sewer, fire,
schools, libraries, parks, and fiscal impacts of the
project.
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Pop.
2,494
98,88099,18012,391
113,765114,065
Page 300 of 1481
9,4497,8955,555
22,899
Total Ac.
61.3
692.7754.0
Art. Ac.
Sp.
Open
4,029.65,656.74,036.2
13,722.5
279.3279.3
Uni. Ac.
Ac.
423.2423.2
Acreage
3.3
Ac.
212.9252.0468.2
C'ml.
55
230.10.010.0250.
Sch Ac.
8
2.3
Ac.
17.1
CPF
105.
104.7124.1
Overall Project Summary
9
3.4
12.5
Ac.
262.5264.278.4
Park
Ac.
Res.
3,213.91,885.41,499.86,599.0
779
4,189
Total Units
34,50834,80839,47639,776
MF
1,558
Units
23,35623,65624,91425,214
Dwelling Units
SF
779
2,631
Units
11,15214,562
Overall Project Summary Table
-
Parcel
Ysidro
Otay Valley ParcelProctor Valley ParcelSanMountains ParcelTotal:
Exhibit 18a
2019-06-18 Agenda Packet
o
o
o
o
o
o
o
o
o
4
TheDUnumberreflectsallresidentialdevelopmentontheOtayValleyParcelexcludingtheUniversity/RTPsite,
however, a portion of Village Nine and Village Ten have a secondary land use designation of residential which are not
included in the maximumDU.
2019-06-18 Agenda PacketPage 301 of 1481
B
Pop.
4,8731,1417,9956,8304,3695,0106,749
9,288
454**
11,73414,72615,64610,51998,88099,654
10,774
Approx.
1,475****
ach land use
Page 302 of 1481
19.669.1
774.7368.4394.8496.4393.6373.0536.3303.9323.0150.7489.0376.1215.8209.0182.09,449
41.3**
1,067.32,706.6
Total Ac.
128.6****
6.0
46.563.519.811.415.458.317.140.026.166.571.069.1
2.5**182.0692.7
7.8****
Art. Ac.
6.82.8
70.422.038.852.716.551.419.6
264.8226.3129.5233.4188.0
12.4**
2,706.64,029.6
26.1****
Open Sp.
Ac.
the total.
41.3
Uni.
238.0279.3
Ac.
82.539.985.0
Ind.
215.8423.2
se is not included in the total.
as determined in the Development Agreement.
+
Acreage
+
*
6.32.07.2
* +
Ac.
***
10.015.0
0.8**161.1212.9
C'ml.
11.3
2.2****
ndary land use is not included in
The secondary land u
8.39.26.0
10.019.810.010.060.042.419.835.0
0.9**230.5
Sch Ac.8.3****
Parcel
satisfied offsite.
A
lieu fees or combination thereof,
-
4.21.66.35.04.39.4
Ac.
13.412.611.313.710.012.9
CPF
0.6**104.7
13.98
2.1****
that may be
Otay Valley
A
ion
7.97.69.37.6
23.124.065.816.635.227.510.0
27.9
0.9**262.5
30.25
obligat
10.4****
Park Ac.
130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within e
way.
-
of
-
Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map.
82.694.4
703.2346.0147.5370.7282.0234.3356.0177.4113.1306.7
23.2**
3,213.9
Res. Ac.
71.7****
additional Park and CPF
350
3,9764,5451,5972,8132,4381,4565,6104,0001,7402,3903,893
Total Units3,593
161**
34,50834,808
any
504****
, which may be satisfied onsite, offsite or through in
595448
MF
93**
Units1,5223,9411,5501,4974,0463,7341,0451,3853,5933,893
23,656
23,356
213****
for the project
Dwelling Units
SF
604350941266695
68**
2,4541,0021,2631,0081,5641,005
Units
11,152
291****
actual net site acreage not including
Village
2019-06-18 Agenda Packet
125
-
Acreage shown represents the total obligationAcreage shown represents
+ Commercial development may occur vertically or horizontally within Village 2 (up to ++ Open Space includes open space preserve, undevelopable land, streets, and right A B
Exhibit 19 Otay Valley Parcel Land Use Table
Village 1Village 2Village 3Village 4Village 5Village 6Village 7Village 8Village 9Portion of University/Village 9 (Alternative)**University/RTPVillage 10Portion of University(Alternative)****Village
11Plng. Area 12Plng. Area 18Plng. Area 20Open Space++SRPublicArterialTotal:will be determined at final map.* 1,800,000 square feet of commercial may occur vertically or horizontally
within ** Portion of University/Village 9 has a primary land use designation of University and a secondary land use of residential. *** Commercial included as component of residential
acreage.**** Portion of University has a primary land use designation of University and a secondary land use of residential. The seco
Planning Area 12 (EUC & FC2)
Use
Dwelling UnitsAcreage*****
Approx.
Open
Pop.
SFMFTotalDensRes.Park*CPF**Sch.***C'ml.****Art.Total
Sp.
EUC
2,9932,99341.2072.623.210.76.026.633.5146.07,722
Regional
9.926.6
Commercial
Visitor
4.59.9
Commercial
Cultural
17.24.5
Off-Low
10.417.2
Rise/Bus.
Off-
Med/high
10.0
Rise
Other+
1.51.5
EUC
2,9932,99341.2072.623.210.76.068.61.533.5216.17,722
Subtotal
FC1
86.237.5123.7
FC260060027.5021.84.72.2
B
6.31.336.31,5662,340
AA
90090033.726.77.053.24
FC Subtotal60060027.5021.84.72.2
B
92.51.337.5160.0
AA
90090033.726.77.053.24
TOTAL3,5933,59338.1094.427.919.99,288
6.0161.12.871.0376.1
3,8933,89341.299.330.2513.9410,062
* Part of park acreage requirement have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based onratio of
3.0 acres per 1000 persons
A
Acreage shown representsthe total obligationfor the project, which may be satisfied onsite, offsite or through in-lieu feesor combination thereof, as
determined in the Development Agreement.
B
Acreage shown represents actual net site acreagenot including additional Park and CPFobligation to be satisfied offsite.
** CPF acreage based on ratio of 1.39 acres per 1000 persons. Squarefootage equivalent may be considered at SPA Plan level.
*** School acres will divert to residential if not needed for school
**** May include mixed-use and multi-use.
***** The maximum permitted non-residential areas may alternatively be measured in sq. ft. up to the maximum projected yield of 3,487,000 st. ft. for EUC;
960,000 sq. ft. for FC1; 12,000 sq. ft. for JPB portion within EUC; excludes FC2 area
+ Fire Station
++6.3 acres hotel and additional 15,000 to 30,000 sq. ft. of commercialcomponent of Mixed Use Residential
Exhibit 62Planning Area Twelve (EUC & FC) Land Use Table
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Housing Element of the General Plan. April 23, 2013
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After
initial sale of the affordable units to a low-
income household, all subsequent buyers of such
units must also be income eligible and the unity
must be sold at an affordable price. A developer
may opt to have no income or sales price
restriction for subsequent buyers, provided
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however that After initial sale of the
affordable units to a low-income household, all
subsequent buyers of such units must also be
income eligible and the unity must be sold at an
affordable price. A developer may opt to have no
income or sales price restriction for subsequent
buyers, provided however that After initial sale
of the affordable units to a low-income
household, all subsequent buyers of such units
must also be income eligible and the unity must
be sold at an affordable price. A developer may
opt to have no income or sales price restriction
for subsequent buyers, provided however that
After initial sale of the affordable units to a
low-income household, all subsequent buyers of
such units must also be income eligible and the
unity must be sold at an affordable price. A
developer may opt to have no income or sales
price restriction for subsequent buyers,
provided however that
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A. RENTAL UNITS’ COMPLIANCE PACKET AND AUDIT
Should a Developer seek approval by the City to credit a tenant toward its
low and/or moderate income housing obligation, the Developer must give the
City, at a minimum, a report verifying compliance with the terms of this
document and/or the subsidizing financing program consisting of the
following:
Supplemental Rental Application -Exhibit 1
Semi-Annual Report –Exhibit 2A and 2B
Authorization to Release Information
Acknowledgement that the information is for the City’s Reporting
and Administration use only.
The Developer shall not be required to perform any extraordinary
investigation or verification regarding such information other than the
Developer’s usual and customary means of income verification. The methods
of income verification may vary based upon the nature of the income
reported by the tenant, and may include employment verification, copies of
recent paycheck stubs, evidence of social security or other government
payments, or copies of tax returns. The Developer shall retain the
Supplemental RentalApplication and any supporting documents for a period
of at least three (3) years after the applicant ceases to occupy a low and/or
moderate income housing unit.
A household occupying a designated low and/or moderate income unit whose
annual income increases subsequent to occupying said unit (referred to as
“over income household”) and thus exceeds the 80% of area median income
for low income households or 120% of area median income for moderate
income households, need not vacate the apartment. However, atthe
Developer’s discretion, this over income household’s monthly rent (including
utilities) may be increased to the market rate. Regardless of a rent increase,
the Developer can no longer credit this over income household towards its
5% low income requirement and is obligated to replace this unit by renting
the next comparable unit to a low income household as per the paragraph
below. Thus, the Developer shall provide income information biannually and
acknowledge that should its income increase, the household may be subject
to a higher rent. Adjusted monthly incomes can be calculated using rules
according to the HUD Handbook 4350/3 Occupancy Requirements for HUD
Subsidized Multifamily Housing.
The location of the designated units may change over time (to bereferred to
as “floating units”) as long as the total number of affordable units remains
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constant and that substituted units are comparable in terms of size, features,
and the number of bedrooms, as determined by the Director of the
Community Development Department. If the over income household does
not vacate the unit, the Developer must assure that when the next comparable
apartment becomes vacant, the newly available unit must be rented to a low
income household, as a floating unit, to replace the previously designated
unit no longer housing a low and/or moderate income household. If the over
income household chooses to leave, the vacated unit retains its low income
unit designation. If a residential apartment complex is designated as 100%
low and/or moderate income, the over income household will not be required
to vacate, if it pays the increased rent, and the unit will not be replaced with a
“floating unit.” When the over income household vacates the unit, the unit
retains its low income unit designation.
If the City determines that an outside audit is necessary to verify the accuracy
of the submitted rent roll, then on a basis no more frequently than once a
year, it may require such an audit at the expense of the Developer. In such an
event, within ten(10) days after delivery of the City’s written request for
such outside audit, the Developer shall deliver to the City the name of three
(3) certified public accountants doing business in the Metropolitan San Diego
area. The City will promptly deliver to the Developer notice of approval by
the City of one or more of said names.
The audit shall be completed by an approved certified public accountant, at
the Developer’s sole cost and expense, within sixty (60) days after the
delivery to the Developer of the City’s approval. The certified public
accountant shall promptly deliver a copy of the written audit to the City.
Such audit shall be an audit of the Developer’s records, including the
information supplied to the Developer by the low income tenants. The
auditor shall not be required to verify the accuracy of the information
provided by the low-income tenants.
B. HOME OWNERSHIP UNITS’ COMPLIANCE PACKET
Should the Developer seek approval by the City to credit a home
purchase toward its low and/or moderate income housing obligation,
the Developer must give the City, at a minimum, a compliance packet
including the following:
Copy of Settlement Sheet
Final 1003
Final Uniform Underwriting Transmittal Summary
Good Faith Estimate
Authorization to Release Information by Purchaser
Annual Certification of Homebuyer to include a copy of tax
information and copy of phone or other utility bill
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Acknowledgement that the information is for the City’s
Reporting and Administration use only
Verification of low and/or moderate-income buyer is to be completed
by the Developer on behalf of the City. The Developer shall not be
required to perform any extraordinary investigation or verification
regarding such information other than the Developer’s usual and
customary means of income identification. The methods used to verify
income will vary depending upon the nature of sources of income
reported by the buyer, but may include employment verification,
review of recent paycheck stubs, government or social security
payments, or a review ofrecent tax returns.
The Developer may contact the City’s Community Development
Housing Division’s Housing Coordinator to confirm the City’s
acceptance of the applicant as credit toward the Developer’s low
and/or moderate income housing unit obligation. The Developer may
contact the City prior to the sale of the unit for consultation purposes if
desired; however, approval will be given in writing only after the
required documents are reviewed and accepted by the City.
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Insert Name Apartments
Supplemental Application
Insert Name Apartments offers apartments located at Insert Address . The units consist of 1, 2
and 3 bedroom units.
For more information about Insert Name Apartments, the units, floorplans, etc, please stop
by the Rental Office at ___________________________________, Chula Vista, CA 9191 .
The purpose of this program is to provide affordable rental opportunities for low-income
households and to ensure that City of Chula Vista meet the goals set forth in
Element and HUD approved Consolidated Plan.
The City of Chula Vista and Insert Ownership Name welcomes your interest in Insert Name
Apartments and requests that you read this information in its entirety. It is very important that
you understand ALL of the program requirements. Once you agree to rent an affordable unit you
are bound by all of the requirements.
AFFORDABLE HOUSING UNITS
In order to qualify to rent an Affordable Housing Unit, applicants must meet ALL of the
requirements outlined within this document.
Income restrictions apply. Please refer to the chart below for the MAXIMUM gross income
based upon household size, which is defined as the total number of people residing within the
household. You must be able to provide evidence that the people you list as household
occupants will reside in the affordable unit. Gross income is the total amount of income earned
by all persons, over the age of 18, within the household before all standard withdrawals
(including federal tax, state tax, social security, etc.)
Affordable Unit Restrictions
The restrictions set forth in the Table below shall establish the maximum rental rate, which shall
be adjusted for family size appropriate for the Affordable Unit, from which a utility allowance as
approved by the City Manager shall be deducted. The family size appropriate for the Affordable
Unit for purposes of establishing the maximum rental rate shall be calculated at one person per
bedroom plus one.
Exhibit _-1
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
TABLE OF RENT AND INCOME RESTRICTION CRITERIA
UNIT TYPE MAXIMUM MONTHLY MAXIMUM INCOME OF
RENTS ELIGIBLE TENANTS
th
1-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
1-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
th
2-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
2-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
th
3-Bedroom 1/12 of 30% of 50% of AMI 50% of AMI
th
3-Bedroom 1/12 of 30% of 60% of AMI 60% of AMI
the respective percentages set forth in the Table of Rent and Income Restriction Criteria set forth
in Section 1(a), above, as adjusted for family size; and (ii) who own no interests in real property
other than a timeshare which may be used for a maximum of one month per year. For purposes
of this Declaration, the current annual area median income shall be the area median income
defined by HUD as the then current area median income for the San Diego-Carlsbad-San Marcos
Metropolitan Statistical Area, established periodically by HUD and published in the Federal
Register, as adjusted for family size. The rents and the occupancy restrictions shall be deemed
adjusted, from time to time, in accordance with any adjustments that are authorized by HUD or
any successor agency. In the event HUD ceases to publish an established area median income as
aforesaid, Lender may, in its sole discretion, use any other reasonably comparable method of
computing adjustments in area median income. Notwithstanding anything contained herein to
the contrary, to the extent any other restrictions applicable to the Property limit the rent and/or
occupancy of the Property, the most restrictive shall apply.
Exhibit _-2
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS
RENT SELECTION CRITERIA
\[Insert if Applicable\]
The Property Management Company will use the following criteria in order to determine priority
for rental of an Affordable Unit. A point system has been established so that applicants with a
higher number of points will receive preference for units.
\[Insert Point System if Applicable\]
Exhibit _-3
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EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING RESTRICTIONS
APPLICATION REVIEW PROCESS
Applicants will be contacted by the rental office staff via U.S. mail acknowledging
receipt of complete application and supporting documentation. The property manager
and the City will review all applications to determine eligibility.
Eligible applications will be forwarded to _____________ to be reviewed for eligibility.
Please be advised that your financial information will be reviewed for two different
purposes:
To determine that your household annual income does NOT exceed the maximum
allowed by the City of Chula Vista for the Affordable Housing. ALL income will
be considered for all persons living in the home who are 18 years or older, even if
the income is not taxable income.
To determine if your income, employment history and credit rating are sufficient
to qualify for a rental.
Before you submit your complete application and supporting documentation please ask
yourself the following questions. Do you:
Meet ALL the program requirements?
Have a good credit rating?
Have stable income?
Fill out the attached application and submit it plus ALL required documentation and MAIL to:
ATTN: Insert Ownership Name, LP
Insert Name Apartments
_____________________
_____________________
Exhibit _-4
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING UNIT APPLICATION
(1) APPLICANT #1
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
2) APPLICANT #2
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
Exhibit __-5
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
HOUSEHOLD INFORMATION:
List ALL household members Including Applicant(s) that will reside in the Affordable Housing
Unit. Attach proof of this information.
Total # of persons in Household ______ Total yearly Household Income $ _____________
Total Household Assets $________________
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
Exhibit __-6
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
RENTER SELECTION CRITERIA INFORMATION:
Selection of Tenants: Absent a Master List described above, selection of tenants shall be made
randomly by lottery within the following levels of priority, subject in all circumstances to
applicable limitations imposed by law, including, without limitation, the Fair Housing Act under
Federal law:
If you respond YES to any of the questions below, you MUST provide written evidence with
your application satisfactory to the City of Chula Vista or you may not receive all eligible
points.
1) Did you have to leave your most recent PRIMARY residence due to either:
Being displaced from your primary residence as a result of an action of City or
Agency, a condominium conversio
expiration of affordable housing covenants applicable to such residence, or
residence was located, and the household resided in such housing as the
or event.
Yes No
How long has this home been your primary residence?
2+ years 1 year Less than 1 year
2) Does your Household meet one of the following criteria: (i) households
which are displaced from their primary residence as a result of an action of City or
of affordable housing covenants applicable to such residence, or closure of a mobile
residence for at least one year but less than two years prior to such action or event;
(ii) households with at least one member who resides within the City, as that
full-time employment; or (iv) households with at least one member who is expected
to live within the City as a result of a bona fide offer of employment within the City.
Yes No
Exhibit __-7
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
No discrimination herein may be used for the purpose or effect of delaying or otherwise
denying admission to the Property or unit based on the race, color, ethnic origin, gender,
religion, disability, or age of any member of the applicant.
AFFORDABLE HOUSING APPLICATION CHECKLIST
This checklist contains a list of documents that you are REQUIRED to submit, along with the
completed Application as part of the application review process. Please review the list carefully
and include COPIES of all documents that you are submitting. If there are any documents listed
that you do not believe you are required to submit please indicate N/A and state the reason why
the information is not attached. You must attach this signed checklist as part of your application
packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE
CONSIDERED.
Two months of most current and consecutive bank/investment/retirement statements for
ALL accounts (all pages)
Most recent paycheck stubs covering a 30-day period for each borrower
Most recent one (1) year W-2s and/or 1099s for each borrower
Most recent one (1) year Federal Tax Returns for each borrower (all schedules)
Complete divorce decree(s) with all attachments, if applicable
Complete bankruptcy papers with all schedules and discharge papers for bankruptcies
within the last 7 years, if applicable
Copy of Resident Alien Card, front and back, if applicable or other appropriate proof of
legal U.S. residency
If you are self-employed, also provide the following:
Most recent three (3) years tax returns and copies of 1040s, W-2s, 1099s and/or K-1s for
each borrower
Limited or General Partnership returns (if ownership interest is 25% or greater)-copies of
form 1065
Sub Chapter S Corporation returns (if ownership interest is 25% or greater)-copies of
form 1120 S
U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120
YTD Profit and Loss Statement (in some cases this may need to be audited)
Exhibit __-8
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EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
AFFORDABLE HOUSING UNIT AFFIDAVIT
By signing below each applicant makes the following certifications:
I understand and agree with the answers I have provided, and do furthermore certify the
following:
1. That those people who I expect to share occupancy of the Residence with me are listed
under the Household Information section of the Application.
2. That my spouse is an Applicant for the Program and must sign this Application.
3. That I will submit true and complete copies of all requested documentation.
4. That the Residence will be occupied and used as my principal place of residence.
5. That my income does not exceed the program income limits.
AFFORDABLE HOUSING UNIT CERTIFICATION
I acknowledge and understand that this Affidavit, as completed above, will be relied on for
determining my eligibility for An Affordable Housing Unit. I acknowledge that a material
misstatement negligently made by me in this Affidavit or in any other connection with my
Application for an Affordable Housing Unit will constitute a violation punishable by a fine and
possible criminal penalties imposed by law, and will result in the cancellation or revocation of
the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of
any instrument, facility, article, or other valuable thing or service pursuant to my participation in
the Program is punishable by fine.
RENTER DATE
RENTER DATE
Exhibit __-9
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The sales price of any unit being sold in partial satisfaction of Developer’s obligation to
provide moderate income housing shall not exceed the affordable housing costs for owner
occupied housing as defined within the Affordable Housing Program for the master plan
community.
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Introduction
The City of Chula Vista seeks to improve the quality of life of its residents by implementing
Transportation Demand Management (TDM) strategies, as well as and incorporatingTDM
measures in the development review process. TDMrefers to programs and strategies that
manage and reduce traffic congestion by encouraging the use of transportation alternatives.
Some of theTMD goalsare:
Encourage multi-modal transportation options that reduce carbon emissions
Reduce roadway congestion, including freight, especially during peak periods
Support implementation of the TDM goals in the General Plan
Capitalize on the TDM programs offered by SANDAG
Reduce reasons for residents to travel outside Chula Vista for work and recreation
Avoid being overly burdensome and costly –particularly for businesses
Create a program that is far-reaching, but also able to adapt to the unique
communities within the city
Ensure program viability through a creative approach to funding
General Plan
TDM strategies are incorporated into Land Use and Transportation Element of the General
Plan.
Objective -LUT 18:Reduce traffic demand through Transportation Demand Management
(TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction
measures.
Policies:
LUT 18.1 Support and encourage the use of public transit.
LUT 18.2 Provide an efficient and effective paratransit service for elderly and handicapped
persons unable to use conventional transit service.
LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling
and walking, and encourage public transit ridership on existing and future transitroutes.
LUT 18.4 Use master planning techniques in new development and redevelopment projects
to enable effective use of public transit.
LUT 18.5 Implement TDM strategies, such as carpooling, vanpooling, and flexible work
hours that encourage alternatives to driving alone during peak periods.
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LUT 18.6 Encourage employer-based TDM strategies, such as: employee transportation
allowances; preferential parking for rideshare vehicles; workplace-based carpoolprograms;
and shuttle services.
LUT 18.7 Support the location of private “telework” centers.
LUT 18.8 Encourage establishment of park-and-ride facilities near or at transit stations, as
appropriate to the area's character and surrounding land uses.
LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians.
FC-2 project is designed as a sustainable and pedestrian-friendly community. The following
section outlines how the project meets the TDM objectives.
Implementation of TDM in FC-2
FC-2 employs a group of TDM strategies that incentivize and enable walking, biking and
transit, versus driving.
As a pedestrian-and transit-oriented development, FC-2 contains complete streets
and walkable activity centers (Public Park, neighborhood retail and restaurants along
Town Center Drive). Refer to Figure 1.
Mixed uses and high density result in a more compact development which makes
walking a feasible alternative to driving. Itcreates an active urban community that is
bike-and pedestrian-friendly and offers diverse amenitiesin its own neighborhood.
The project provides a connection to an existing bicycle trail along Olympic parkway,
connecting it to a city-wide network.
FC-2 encourages alternatives to driving by providing services, shopping and
entertainment opportunities within walking distance of the high-density residential,
which promotes walking and biking instead and alleviates traffic congestion.
Otay Ranch Town Center Mallis in direct adjacency to the residential and hotel uses
in FC-2and can be reached by walking.
FC-2is also proximate to Otay Ranch Village 6,which includes neighborhood
serving uses such asparks and schools. Additionally, with the construction of the
BRT bridge, a pedestrian connection will exist shortening the walk to these uses to
less than a 1/4 mile.
Pedestrian sidewalks and pathways connect residential, hotel, and commercial uses to
each other and the Town Center Park, creatinga pedestrian friendly environment and
encourage residents to walk(see Figure 2).
FC-2 provides pedestrian access to mass transit. FC-2 is located within blocks of a
regular bus route. Additionally, a ROW is dedicated for the new BRT route alignment
along thesouthern project boundary.
A future park-and ride facility is reserved in FC-1.
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FC-2 contains cycling infrastructure (designated bike lanes, multi-use paths, bike
racks), the goal of which is toenhance riders’ experience by providing a safe route
and encourage the use of this alternative to driving
Pedestrian connections throughout the project -interior courtyards, paseos,
promenades, and plazas –make the project site moreaccessibleandprovide better
customer access to businesses located on Town Center Drive
Project design will incorporate enhanced bike amenities such as secure and
convenient bike parking, locker rooms, and bikerepair stands near multi-family,
employment, and recreation areas to augment investments in active transpo1iation
infrastructure within the community.
Project design will incorporate dedicated parking for carpools/vanpools at the hotel
employment sites.
Residential Homeowners Association, Apartment Management Office, and Business
Association will perform TDM outreach and education plans that include a
customized personalized travel planning (PTP) program. PTP is SANDAG’s
community-based approach to transportation outreach and a proven method for
encouraging sustained travel behavior change. PTP provides people with customized
information and incentives that help them to try transportation alternatives that meet
their personal travel needs. This strategy canhelp meet the travel needs of residents
and employees who may carpool, vanpool, or take transit to and from Freeway
Commercial 2.
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Figure 1. Site Plan Concept.
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Figure 2.Pedestrian/Bicycle Circulation.
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Table of Contents
1. Executive Summary.........................................................................................................1
A. Intent of AQIP.................................................................................................................1
B. Community Site Design Goals.......................................................................................1
C. Planning Features..........................................................................................................2
2.Introduction......................................................................................................................4
A. Need for AQIP................................................................................................................4
B. AQIP as Tool for Implementation of Ordinances............................................................4
2a.Purpose & Goals............................................................................................................5
A. Purpose of AQIP............................................................................................................5
B. RegulatoryFramework Related to Air Quality................................................................5
Figure 1: Ambient Air Quality Standards Matrix............................................................6
Figure 2: APC Air Quality Emissions Budget.................................................................7
3.Project Description.........................................................................................................11
Figure 3: SPA Land UsePlan.......................................................................................12
Figure 4: Site Plan Illustration.......................................................................................13
4.Effect of Project on Local/Regional air Quality...............................................................14
Figure 5:Project Operational Emissions......................................................................15
5.Quantitative Project Design Evaluation..........................................................................17
Table ES1:LEED-ND v2009 Equivalency Scorecard..................................................18
Table ES2: Cross-Walk to Corresponding INDEX Indicators .......................................20
6.Community Design and Site Planning Features.............................................................21
Figure 6: Community Design and Site Plan Features.................................................21
7.Chula Vista COReduction Plan....................................................................................23
2
Figure 7: Consistency with COReductionAction Measures.......................................25
2
8.Credit Towards Increase Minimum Energy Efficiency Standards...................................28
9. Compliance Monitoring..................................................................................................29
Figure 8: Air Quality Improvement Plan Compliance Checklist..........................................29
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Air Quality Improvement Plan
Freeway Commercial North
1.EXECUTIVE SUMMARY
A.Intent of AQIP
This Air Quality Improvement Plan (AQIP) has been prepared in conjunction with the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan amendment, required for the proposed development of
Freeway Commercial North (FC-2)site as a mixed-use project. The Otay Ranch Freeway Commercial SPA
plan covers both Freeway Commercial South site, which was developed as Otay Ranch Town Center mall
in 2006, and Freeway Commercial North site. The two parcelscorrespond to two major ownerships of the
property. Because of the independent ownerships, project plans have been designed and structured to
allow the two parcels develop separately but in a coordinated manner.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from the
proposed development in FC-2and to demonstrate how the sitedesignreduces vehicle trips, maintainsor
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates howFC-2has been designed consistent with the City’s Green
Building Standards, (CVMC 15.26) and Energy Code (15.12) and represents the best available design in
terms of improving energy efficiency and reducing GHG emissions. GHG emissions include gases such as
Carbon Dioxide (CO), Methane (CH), and Nitrous Dioxide (N0). They occur both naturally, and are
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produced by human activities, such as by automobile emissions and emissions from production of
electricity to provide power to homes and businesses. These gases prevent heat from escaping the earth’s
atmosphere, while allowing in sunlight, which has the affect of warming the air temperature. Applicable
action measures contained in the City’s Carbon Dioxide (CO) Reduction Plan are also addressed.
2
B.Community Site Design Goals
Otay Ranch is a 23,000-acre master-planned community and includes a mix of land useswithin 20 villages
and/or planning areas. FC-2 is a mixed use site proposed to be developed with two commercial hotels,up
to 900 multi-family residential units,15,000 sq. ft. mixed use commercial retail,and a 2-acre public park.
The project islocated south of Olympic Parkway and eastof SR-125.
The proposed project establishes a unified walkable mixed-use plan for the FC-2 site. It is intended to
enhance living, working, shopping, and transit options in the area. It creates a walkable neighborhood that
offers urban-style, smaller-scale living accommodations within walking distance to the already established
local shops, services, schools, entertainment and dining, as well as a regional system of trails and open
spaces.
The vision forthiscommunityisto develop a cohesive neighborhoodwith inter-connected uses and
densities. The mix of proposed residential, commercial, and community uses isintended to provide a
mixed-use environment that serves the needs of residents and employees. The increased density and
housing choices will provide additional ridership opportunities forthe regional Bus Rapid Transitand local
bus system increasing the viability of transit and reducing automobile dependence.The densities and
design patterns envisioned for FC-2focus on promoting a walkable and bikeable community with less
emphasis on automobile trips.
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Air Quality Improvement Plan
Freeway Commercial North
C.Planning Features
FC-2projectincludes the following planning features to achieve the community sitedesign goals:
Land Use features:
1)Integrated Circulation System. Project residents and visitors are afforded non-automobile related
circulation options that include walking, bicycling, and transit. Town Center Drive–the main roadway
with ground-floor mixed use commercial –as well as interior streets –are designed to provide a
comfortable walking environment.
2)Mixed Uses.A 36-acre project houses a mix of residences, shops, restaurants, a park, and hotels. This
type of development makes it easy for residents, visitors and employees to walk or bike to destinations,
helping to efficiently connect the city’s neighborhoods through sustainable mobility.
3)Residential Density.The high-density multi-family project is intended to promotewalking and biking as
afeasible alternative to drivingdue to reduced distances andthe resulting close proximity of various
services and destinations.
4)Street Widths, Pavement and Street Trees.Otay Ranch street sections are narrower than typical
standards which reduces asphaltpavement and the "urban heat-island effect" by limiting the amount of
reflectivesurfaces. Street trees provide shade which further reduces heat-gain.Widened landscape
medians and parkways to reduce paving, thereby reducing heat gain and the demand for air
conditioning. Street trees within the parkways and mediansprovide shade to further reduce ambient air
temperatures.
5)Public Transportation.The design plan for the development is transit ready. In conformance with
General Plan policy, public transportation is an integral part of Otay Ranch. Public transit lines and
stops are integrated into the plan and are adjacent to the project. This is intended to help reduce the
dependence on the passenger vehicle and encourage walking, biking, and transit trips. Bus Rapid
Transitservice is planned along the southern boundary of the site. In addition, Local Bus routes 709,
707, and 635 servethe project, with an additional new bus stop proposed near the hotels.
6)Alternative Travel Modes.FC-2 site will be connected to the regional trail network and will feature
sharrow lanes through the project.Sidewalks will be provided throughout the project site. All internal
roadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic speeds
are conducive to both walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
Building and Design Element Features:
1)Use of low-VOC paints as required under SDAPCD Rule 67.
2)Project-wide recycling as required under the County's recycling Ordinance.
3)Energy efficiency as required under the 2016California Energy Code and CalGreen.
4)Indoor residential appliances that carry the Environmental Protection Agency's (EPA)
ENERGYSTAR® certification, as applicable and feasible.
5)Inclusion of all residential units in the local utility demand response program to limit peak energy
usage for cooling.
6)Indoor residential plumbing products that carry the EPA's WaterSense certification.
7)Passive solar design and building orientation principles to take advantage of the sun in the winter
for heating and reduce heat gain and cooling needs during summer.
8)Energy efficient lighting for streets, parks, and other public spaces as well as for private
development projects.
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9)Installation of only electric or natural gas fireplaces in new development. No wood burning
fireplaces are permitted.
10)Installation of solar water heater preplumbing.
11)Installation of solar photovoltaic prewiring.
12)Installation of residential graywater stub-out.
Landscape Features:
1)Watering three times daily to control fugitive dust to meet the requirements SDAPCD.
2)High-efficiency irrigation equipment, such as evapotranspiration controllers, soil moisture
controllers and drip emitters for all projects that install irrigation water meters, per the City of Chula
Vista Landscape Water Conservation Ordinance of the City of Chula Vista Municipal Code Chapter
20, Section 12.
3)Water efficient vegetation, including native species, planted in public and private landscape areas.
4)Natural turf in residential development limited to no more than 30% of the outdoor open space.
5)Vertical landscape elements, such as trees, large shrubs, and climbing vines, shall be installed in
order to shade southern and western building facades to reduce energy needs for heating and
cooling.
6)Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in
five to fifteen years through tree canopies, shade structures, or light colored "cool" paving.
D.Modeled Effectiveness of Community Design
With implementation of the proposed site design features, the project is consistent with the City of Chula
Vista INDEX CO2 model requirements, as shown in Tables ES1 and ES2which describe the LEED-ND
equivalency analysis (LEA) prepared for the project.
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Freeway Commercial North
2.INTRODUCTION
A.Need for anAQIP
The objective of thisAQIP is to fulfill the City of Chula Vista’s Growth Management policy to improve air
quality from existing conditions.As the result of rapid development not keeping pace with the demand for
facilities and improvements, the City Council adopted Growth Management policy measures that would
prohibit new development to occur unless adequate public facilities, improvements and environmental
quality of life standards were put in place. The purpose of City of Chula Vista’s Growth Management
ordinance (CVMC Chapter 19.09) is to provide the following:
1.Provide quality housing opportunities for all economic sections of the community;
2.Provide a balanced community with adequate commercial, industrial, recreational and open space
areas to support the residential areas of the City;
3.Provide that public facilities, services and improvements meeting City standards exist or become
available concurrent with the need created by new development;
4.Balance the housing needs of the region against the public service needs of Chula Vista residents and
available fiscal and environmental resources;
5.Provide that all development is consistent with the Chula Vista general plan;
6.Prevent growth unless adequate public facilities and improvements are provided in a phased and
logical fashion as required by the general plan;
7.Control the timing and location of development by tying the pace of development to the provision of
public facilities and improvements to conform to the City’s threshold standards and to meet the goals
and objectives of the growth management program;
8.Provide that the air quality of the City of Chula Vista improves from existing conditions;
9.Provide that the City of Chula Vista conserves water so that an adequate supply be maintained to
serve the needs of current and future residents.
This AQIP is provided in accordance with CVMC 19.09.050B. The Growth Management Ordinance requires
that no application for a SPA Plan or Tentative Map shall be deemed complete or accepted for review
unless an AQIP is provided and approved as part ofthe approval of the SPA Plan or Tentative Map by the
City.
B.AQIP as Tool for Implementation of Ordinances
ThisAQIP has been prepared based on the best available design practices and also serves to implement
several of the key aspects of the City’s COReduction Plan, the Green Building Standards (CVMC Chapter
2
15.26) and the City's Energy Code (CVMC 15.12).
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2a.PURPOSE & GOALS
A.Purpose of AQIP
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development of theFC-2 siteand to demonstrate how the projectdesign reduces vehicle trips, maintains or
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates how the projecthas been designed consistent with the City’s
Green Building Standards, (CVMC 15.26) and Energy Code (15.12) and represents the best available
design in terms of improving energy efficiency and reducing GHG emissions. GHG emissions include
gases such as Carbon Dioxide (CO2), Methane (CH4), and Nitrous Dioxide (N20). They occur both
naturally, and are produced by human activities, such as by automobile emissions and emissions from
production of electricity to provide power to homes and businesses. These gasesprevent heat from
escaping the earth’s atmosphere, while allowing in sunlight, which has the effect of warming the air
temperature. Applicable action measures contained in the City’s Carbon Dioxide (CO2) Reduction Plan are
also addressed.
B.Regulatory FrameworkRelated to Air Quality
There are a number of actions that Federal, State and Local jurisdictions have taken to improve air quality,
increase energy efficiency, and reduce GHG emissions. This section summarizes those actions.
Air quality is defined by ambient air concentrations of specific pollutants determined by the Environmental
Protection Agency (EPA) to be of concern with respect to the health and welfare of the public. The subject
pollutants monitored by the EPA include the following:
Carbon Monoxide (CO),
Sulfur Dioxide (SO),
2
Nitrogen Dioxide (NO),
2
Nitrogen Oxides (NO)
x
Ozone (O),
3
Respirable 10-and 2.5-micron particulate matter (PMand PM),
102.5
Volatile Organic Compounds (VOC),
Reactive Organic Gasses (ROG),
Hydrogen Sulfide (HS),
2
Sulfates,
Lead (Pb),
Vinyl Chloride, and
Visibility reducing particles (VRP).
The EPA has established ambient air quality standards for these pollutants. These standards are called the
National Ambient Air Quality Standards (NAAQS). The California Air Resources Board (CARB)
subsequently established the more stringent California Ambient Air Quality Standards (CAAQS). Both sets
of standards are shown in Figure 1on the following page. Areas in California where ambient air
concentrations of pollutants are higher than the state standard are considered to be in “non-attainment”
status for that pollutant.
Regulation of air emissions from non-mobile sources within San Diego County has been delegated to the
San Diego County Air Pollution Control District (APCD). Aspart of its air quality permitting process, the
APCD has established thresholds for the preparation of Air Quality Impact Assessments (AQIAs) and/or Air
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Quality Conformity Assessments (AQCAs). APCD has also established an “emissions budget” or Regional
Air Quality Strategy (RAQS) for the San Diego Air Basin. This budget takes into account existing
conditions, planned growth based on General Plans for cities within the region, and air quality control
measures implemented by the APCD.
Figure 1: Ambient Air Quality Standards Matrix
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According to a report by the California Air Pollution Control Officers' Association (CAPCOA), 2013 was the
cleanest year on record for the APCD. Accordingly, in 2013, the U.S. EPA redesignated the APCD as an
attainment area for the 1997 8-hour federal ozone standard. The APCD has also been designated as a
marginal non-attainment area for the more health-protective 2008 8-hour federal ozone standard, and
monitoring datashow continued progress toward achieving this standard (marginal non-attainment requires
attainment by the year 2015). The APCD also continues to meet all air quality standards for PM2.5,
including the tightened annual standard that the U.S. EPA promulgated in early 2013, which brings the
federal standard in line with the state standard.
Figure 2shows the APCD air quality emissions budget.
Figure 2:APCDAir Quality Emissions Budget
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Summary of Energy Efficiency Standards
Title 24, Part 6 of the California Building Standards Code regulates energy useincluding space heating and
cooling, hot water heating, and ventilation. The energy code allows new buildings to meet a “performance”
standard that allows a builder to choose the most cost effective energy saving measures to meet the
standard from a variety of measures. These choices may include the following:
Added insulation,
Improved windows,
Radiant barriers,
Cool roofs,
Improved HVAC systems,
Alternative heating and cooling systems,
More efficient water heating systems, and
More efficient lighting systems.
The California Energy Commission's (CEC) 2013 Building Energy EfficiencyStandards are 25% more
efficientthan previous standards for residential construction and 30% better for nonresidential construction.
Thesestandards took effect on July 1, 2014. On average, the standards increase the cost of constructing a
new home by $2,290 butwill return more than $6,200 in energy savings over 20 years. These new energy
efficiency standards are designed toward the"Zero Net Energy" (ZNE)goalfor new homes by 2020 and
commercial buildings by 2030. The ZNE goal means that new buildings must use a combination of
improved efficiency and distributedrenewable generation to meet 100 percent of the annual energy need.
The City's Energy and Water Conservation Regulations (CVMC 20.04) require that all new residential units
include the necessary plumbing to encourage the later installation of solar hot water heating. In addition,
the electrical conduit necessary for installation of solar photovoltaicsystem is also requiredfor all new
residential units.
Water-related energy use consumes 19 percent of California’s electricity, 30 percent of its natural gas, and
88 billion gallons of diesel fuel every year. The water-related energy use includes water and wastewater
treatment as well as the energy needed to transport the water from it source (either northern California or
the Colorado River). California Green Building Code Title 24, Part 11 (CALGreen) requires that indoor
water use be reduced through stringentnewwaterfixture flow rates. The City has also reduced the demand
for outdoor water use through the adoption of the Landscape Water Conservation requirements (CVMC
20.12).The City of Chula Vista recently adopted a residential graywater sub-out requirement to allow the
future installation of a clothes washer graywater irrigation system (CVMC 15.28.020).
CALGreen also requires that a minimum of 50% all new construction waste generated at the site be
diverted to recycle or salvage. Additionally, the State has set per capita disposal rates of 5.3 pounds per
person per day for the City of Chula Vista. The City requires new construction to divert 100% of the inert
waste and not less than 50% of the remaining waste generated during construction (CVMC 8.25.020).
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Summary of Greenhouse Gas (GHG)Reduction
Greenhouse gasses (GHGs) include carbon dioxide (CO), methane (CH) and nitrous oxide (N0). These
242
gases allow solar radiation (sunlight)into the Earth's atmosphere but prevent radiative heat from escaping,
thus warmingthe earth's atmosphere. GHGs are emitted by both natural processes and human activities.
As directed by Assembly Bill (AB) 32, the Climate Change Scoping Plan (December 2008 prepared by
CARB) includes measures to reduce statewide GHGsto 1990 levels by 2020 from forecasted business-as-
usual (BAU) 2020 emissions. Recent guidance in the draft AB32 2017 Scoping Plan has identified
a local government per capita GHG emission goal of 6 MT COe by 2030 and 2 MT COe by 2050.
The majority of the reduction strategies are to come from the two sectors that generate the most CO
2
emissions statewide: transportation and electricity generation. The majority of the reduction in
transportation-related and energy-related COemissions are to be achieved through statewide regulatory
2
mandates affecting vehicle emissions and types of fuel the vehicles use, public transit, and public utilities.
The remaining reductions are to be achieved through direct regulation and price incentive measures
affecting oil and gas extraction industries and forestry practices (including increased tree planting
programs).
BAU is defined as the emissions that would have occurred in the absence of reductions mandated under
AB 32, including CHG reductions from the following:
Implementation of Pavley 1 and Pavley 2 motor vehicle standards.
Pavley regulations establish specific GHG emissions levels for both passenger cars and light-duty
trucks. The standards become more stringent each year through 2016.
Implementation of the Low Carbon Fuel Standard(LCFS).
CARB has also adopted aLCFSthat setscarbon reduction standards for the types of fuels that
can be sold in California, particularly renewable fuels. This will reduce the GHG emissions even if
total fuel consumption is not reduced.
Implementation of the Renewable Portfolio Standard(RPS).
RPS requires investor-owned utilities, electric service providers, and community choice
aggregators to increase renewable energy resources to 33% by 2020.
Increased energy efficiency measures codified in Title 24 as of 2016.
BAU uses the energy efficiency standards codified in Title 24 as of 2005.
Implementation of Federal Corporate Average Fuel Economy (CAFE)standards.
The CAFEstandards determinethe fuel efficiency of certain vehicle classes.
The three most applicable measures to land use planning and development within the City of Chula Vista’s
control include the Regional Transportation-related GHG targets, support for the Million Solar Roofs
program, and energy efficiency measures. Since the early 1990s, the City has been engaged in multiple
climate change forums including the United Nations Framework Convention on Climate Change
(UNFCCC), the Cities for Climate Protection campaign and theU.S. Conference of Mayor’s Climate
Protection Agreement. The key plans and ordinances that the City has adopted and implemented to
achieve citywide GHG emissions reductions are summarized below.
Each participant in the International Council of Environmental Initiatives (ICLEI) was to create local policy
measures to ensure multiple benefits in the City and at the same time identify a carbon reduction goal
through the implementation of those measures. In its COReduction Plan developed in 1995 and officially
2
adopted in 2000, Chula Vista committed to lowering its COemissions by diversifying its transportation
2
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system and using energy more efficiently in all sectors. To focus efforts in this direction, the City adopted
the COreduction goal of 20% below 1990 levels by 2010. In order to achieve this goal, specific actions
2
were identified,which when fully implemented, were anticipated to save 100,000 tons of COeach year.
2
The 2008 GHG Emissions Inventory noted that compared to 1990, Chula Vista’s citywide GHG emissions
have increased by 29%, however, per capita and per housing unit levels are approximately 25% and 17%
below 1990 levels, respectively. The Climate Change Working Group (CCWG) helped develop
recommendations to reduce the community’s GHGs in order to meet the City’s 2010 GHG emissions
reduction targets.The CCWG ultimately chose seven measures that were adopted by the City Council and
the horizon date was delayed until 2012 instead of 2010.
During 2014, a CCWG reconvened to help update the City's Climate Action Plan. Specifically, the CCWG
developedrecommendations, through an open and transparent public process, for new greenhouse gas
reduction strategies to assist Chula Vista in reaching its carbon reduction goals.
The most recent plan is the 2017 Climate Action Plan (CAP) which was adopted by City Council on
September 26, 2017.New guidance, including the 2017 draft AB 32 Scoping Plan Update, lists a local
government per capita, or person, reduction goal of 6 MT CO2e by 2030 and 2MT CO2e by 2050.
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3.PROJECT DESCRIPTION
The FC-2 site is entitled for the construction of 600 multi-family residential units, 15,000 square-feet of
commercial space in a mixed-use format, and 2.0 acres of public parkland, as shown on Figures3 and 4. A
SPA Plan Amendment is required to add 300 multi-family units to the existing entitlement.
The mixed-use residential would be located along Town Center Drive and would consist of ground floor
commercial with residential above (approximately 600units) on approximately 10.4 acres, resulting in a
density of 58.5dwelling units per acre. These residential units would be comprised of studio units, and one-
and two-bedroom units.
The residential land uses within the western portion of the site would be comprised of approximately 290
multi-family units at the density of approximately18dwelling units per acre. The land uses for the western
residential area would include a variety of building heights to enhance the visual appearance and to avoid
adverse bulk and massing. Shared one-way streets for pedestrian, vehicular, and bicycle use, would be
included in the circulation plan for this area.
The park is located near the center of the site and would be available for use by residents, retail
employees, hotel guests, and visitors. The design of the park would incorporate flexibility for events for all
potential users (hotel, residents, the City, etc.). The park would include an open lawn area, shaded picnic
grove area, a water feature, food truck parking and plaza, a location for outdoor screening of movies,
amphitheater seating, a boulder field, and hillsides.
Town Center Drive generally bisects the site in a north to south direction. The design of Town Center Drive
would promote a walkable, safe, and visually appealing roadway. The roadway would have a narrower
street to encourage slower travel and multimodal travel, angled parking, a landscaped median, landscaped
buffers along the edges, and wide pedestrian sidewalks.
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Figure 3:SPA Land Use Plan
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Figure 4: Site Plan Illustration
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4.EFFECT OF PROJECT ON LOCAL/REGIONAL AIR QUALITY
This section includes a generalized discussion of theshort-term and long-term effects on local and regional
air quality including its contribution to global climate change.
The project site is currently served by threeMetropolitan Transit Service (MTS) Routes. The project is also
anticipating future BRT servicealong the future extension of East Palomar Street adjacent to the southern
boundary of the project site.
Construction Related Emissions
Air pollutant emission sources during project construction include exhaust and particulate emissions
generated from construction equipment; fugitive dust from site preparation, grading, and excavation
activities; and volatile compounds that evaporate during site paving and painting of structures.Because of
their temporary nature, construction activity impacts have often been considered as having a less-than-
significant air quality impact. However, the cumulative impact from all simultaneous construction in the
basin is a contributor to the overall pollution burden.
Construction emissions as estimated in the air quality technical report would be below all significance
thresholds for criteria air pollutants, and would not exceed those levels identified in the project FEIR. The
site would be watered at least three times daily to control fugitive dust emissions, and vehicle speeds would
not exceed 15 miles per hour, per FEIR mitigation measure 5.4-2. In addition, low-VOC paints would be
utilized duringarchitectural coatings. With incorporation of these design features, construction emissions
were estimated to be below construction emissions estimated in the FEIR. The FEIR also identified
mitigation measures 5.4-1 and 5.4-2, which reflect dust control measures and measures to reduce VOC
and NOx emissions.
This development is subject to SDAPCD Rule 55 -Fugitive Dust Control that requires restrictions of visible
emissions of fugitive dust beyond the property line. Construction fugitive dust will be reduced by
implementingthe followingdust control measures:
Watering active grading sites and unpaved roads three times daily to control fugitive dust to meet
the requirements of SDAPCD Rule 55.
Use of low-VOC as required under SPAPCD Rule 67.0.
Replacement ofground cover as quickly as possible.
Reducing speeds on unpaved roads to 15miles per hour or less.
Reduce dust during loading and unloading operations.
According to the Air Quality Reportupdate memorandum, maximum daily emissions of all criteria pollutants
would be below the significance thresholds for all criteria pollutantsexcept NOx.
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Operational Related Emissions
Operational impacts associated with the FC-2 project would include impacts associated with vehicular
traffic, as well as area sources such as energy use, consumer products use, and architectural coatings use
for maintenance purposes. Emissions associated with project operations were estimated in the Air Quality
Report using the CalEEMod Model. With reductions for a mix of uses and accessto transit (15%), the net
project trip generation would be 7,681ADT.
Figure 5 provides a summary of the estimated operational emissions for the project.
Figure 5: FC-2 Project Operational Emissions
Table 3
Criteria Pollutant Emissions from Proposed Project (lbs/day)
From CalEEMod Model, Version 2016.3.1
VOCNOxCOSO2PM10PM2.5
Maximum Daily Emissions53.2185.56277.420.6948.7814.60
SCAQMD Significance
555555015015055
Threshold, lbs/day
Above Threshold?NoYesNoNoNoNo
As shown inabove table, operational emissions associated with the project would be below the significance
criteria for operations for all criteria pollutants except NOx. NOxemissions are associated vehicles. NOx is
produced from the reaction of nitrogen and oxygen gases in the air during combustion, especially at high
temperatures. With future years, vehicle emissions would decrease due to phase-out of older, more
polluting vehicles, and would be below the significance threshold of 55 lbs/day by the year 2025.NOx
emissions would exceed the significance threshold for a temporary period, but would eventually be reduced
below the City’s significance thresholds. Emissions are well below the levels reported in the 2002 EIR
(314.55lbs/day), and therefore no new air quality impact is identified. No additional mitigation measures
are proposed.All applicable measures have already been incorporated into the SPA plan, such as
provision of bike lanes, providing services near residences, and providing transit support facilities such as
bus stops. There are no other feasible mitigation measures available at the project level to reduce vehicular
emissions other than reducing vehicle trips.
The project trip generation rates account for areduction in vehicle trips that would occur as a result of the
mixed-use areas and proximity totransit use proposed as part of the SPA plan. In addition, future vehicular
emissions may be lower than estimated due to increasingly stringent California fuel efficiency requirements.
Some measures cannot be implemented at the SPA level, such as providing video-conference facilities in
work places or requiring flexible work schedules. Additionally, there are no feasible mitigation measures
currently available to reduce area sources of emissions without regulating the purchases of individual
consumers.
The project will provide a mixed-use development with access to transit. This purpose meets the goals of
the Regional Air Quality Strategy(RAQS)and the State Implementation Plan(SIP), which include
measures to encourage transit use and mixed-use developments. As indicated in the Traffic Analysis (Chen
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Ryan 2017), the project would achieve a 15% reduction in vehicle trips by providing a mix of uses and
access to transit. Accordingly, the project will meet the goals of the RAQS and SIP to reduce vehicle trips
and therefore to improve air quality.The impacts associated with operations would be less than significant
by the year 2025. Emissions are below the levels evaluated in the 2002 EIR, and no newair quality impacts
are identified. No additional mitigation measures are required. Furthermore, the potential for health risks to
residents of the project from surrounding land uses was evaluated in a screening health risk analysis. No
adverse health risks would result from exposure to existing land uses. The project would therefore not
result in a significant direct or cumulative impact on the ambient air quality.
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5.QUANTITATIVE PROJECT DESIGN EVALUATION
Criterion Planners Inc. has performed a quantitative analysis forFC-2 project using Option (2): Alternative
Modeling Programs, specifically LEED-ND equivalency analysis (LEA).
This analysis only pertains to the FC-2 site, and represents implementation of the 2004 full Freeway
Commercial SPA AQIPwhich acknowledged that detailed FC-2 site planning had not yet occurred. With
that planning now complete, sufficient data is available to support an LEA and fulfill the SPA AQIP
requirements for FC-2.
LEED-ND criteria are proposed as being more appropriate than INDEX indicators for FC-2 for four
reasons:
INDEX indicators and thresholds were originally developed using residential pilot projects in
contrast to the mixed uses of FC-2. This difference was acknowledged in the2004 full SPA AQIP,
Section II.7.3.
INDEX indicators are primarily internal-focused, whereas FC-2 is an infill project whoseAQIP value
derives in large part from surrounding uses that will interact with FC-2 uses.LEED-ND criteria
measure these benefits to a greater and more accurate extent.
The INDEX approach uses only 16 indicators, whereas LEED-ND has 56 indicators thatare able to
characterize a project much more comprehensively and thoroughly, andultimately capture more
contributors to GHG emission reductions.
The underlying basics of the INDEX approach are nearly 15 years old, in contrast toLEED-ND’s
latest update in 2014. Consequently, current best practices in urban design,green infrastructure,
and resilient neighborhoods are not addressed by INDEXindicators, but are covered byLEED-ND
criteria.
Based on the amended FC-2 site development plan, the LEA finds that the amended FC-2 plan results in
minor ND criteria changes (residential density, residential share of total floor area, diversity of residential
units), but the changesare so small as to not alter the original SPA plan ND score of 56 points (see
following amended scorecard table). Based on Criterion’s original development of the INDEX indicator
thresholds for the City, and the firm’s experience certifying over 100 LEED-ND projects nationally, they
have concludedthat a base ND certification of 40 points is the functional equivalent of the INDEX
thresholds, and a score of 56 points therefore represents a notable exceedance of the thresholds, and clear
AQIP compliance.
Table ES2identifies the INDEX indicators which correspond to each of the LEED ND credits achieved by
FC North. Each INDEX indicator has at least one corresponding ND credit, and on average each indicator
has four corresponding ND credits. Where it matters the most for GHG emissions, auto driving and building
energy, the ND coverage jumps to 10 and 8 credits, respectively. Overall, the ND approach is able to
double or triple the depth and extent of measurements in relation to INDEX indicators.
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Otay Ranch FC-2 SPA Amendment -LEED-ND v2009 Equivalency Scorecard
Amended FC
LEED-ND v2009 OptionsNorth
Prerequisites & Prerequisite Amended FC North Notes
CreditsCompliance &
Equivalency
Points
SLLp1Smart LocationTransit served50% of dwellings &business within 1/2-mile
Yeswalk of 179 weekday transit trips and 46
weekend daily trips (inclusive of
BRT)
SLLc1Preferred 1. Location type3Infill site, not previously developed
Locations
2. Connectivity1200 intersections/sq mi
SLLc3Reduced Auto 1. Transit served3Weighted allocation of points based on 179
Dependenceweekday trips & 46
weekend daily trips (inclusive of BRT)
SLLc4Bike NetworkBicycle network1Existing bicycle network of at least 5 miles
within 1/4-mile
bicycling distance of project boundary
SLLc5Housing/Jobs 1. Affordable residential 71% residential share of total floor area, and
Proximityinfill3geographic center of project within 1/2-mile
walk distance of more than 900 jobs
SLLc6Steep Slopes1. No slope over 15%1No substantive slopes over 15%
SLLc7Habitat Site 1. No habitat1No significant habitat
Design
NPDp1Walkable 90% of public-space facing building
Streetsfrontages with entries connected to
sidewalks; 15% of street frontages with a
Yesbuilding height to street width ratio of 1:3;
90% of streets with sidewalks on both sides;
and less than 20% of street frontages
devoted to garage or service bay openings
NPDp2Compact YesResidential density of 33.7 DU/acre, and
Developmentnon-residential
density of 1.5 FAR (weighted between retail
and hotels)
NPDp3Connected & Internal connectivity of 200 intersections/sq
OpenYesmi, and perimeter through-connections at
least every 800 feet, except where
physically-infeasible
(Continued on next Page)
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Amended FC
LEED-ND v2009Options
North
Prerequisites & CreditsPrerequisite Amended FC North Notes
Compliance &
Equivalency
Points
NPDc1Walkable Streetsa. 25 ft setback80% of street facing building façades no
more than 25 feet from
the propertyline
d. Entries every 75 ftFunctional entries to buildings occur at an
average of 75 feet or
less
f. Ground-level glass Ground-level retail/service spaces with
facadesclear glass on 60% of
façade
8
g. No blank wallsBlank walls along sidewalksof no more
than 50 feet or 40% of
façade length
h. Unshuttered retail Ground-level retail/service spaces remain
windowsun-shuttered at night
i. On-street parkingOn-street parking allowed on internal
streets
j. SidewalksAll streets have sidewalks on both sides
k. Ground floor dwellings Ground-floor dwellings at least 24 inches
above gradeabove grade
n. 20 mph residential 20 mph residential streets
streets
o. 25 mph non-re/mixed-25 mph non-residential/mixed-use streets
use streets
p. Driveways limitedDriveway widths are no more than 10% of
total street length
NPDc2Compact Compact development3Residential density of 33.7 DU/acre, and
Developmentnon-residential
density of 1.5 FAR (weighted between
retail and hotels)
NPDc3Mixed Use Mixed use centers4Over 19 diverse uses within 1/4-mile walk
Centersof 50% of dwellings
NPDc4Mixed 1. Diverse housing types2SDI of 0.67
Income
2. Affordable housing210% of units up to 60% of AMI
3. Mixed Income Diverse 1Options 1 and 2 bonus point
Communities
NPDc7Transit FacilitiesTransit stop facilities1Transit stop planning/ongoing coordination
NPDc9Access to Civic Access to civic spaces190% of dwelling units within 1/4-mile walk
Spacesdistance of civic
space
NPDc10Access to Active rec space 190% of dwelling units within 1/2-mile walk
Recreationoutdoors/indoorsdistance of
recreational facilities
NPDc11Visitability & Univ 1. Residential units1100% of DU compliant
Design
NPDc12Community 1. Community outreach1Consultation with stakeholders throughout
Outreach& communications
Ongoing
NPDc13Local Food1. Neighborhood gardens1Neighborhood garden planned
3. Farmers marketFarmers market at Town Center
(Continued on next Page)
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Amended FC North
LEED-ND v2009 Options
Prerequisite
Prerequisites & Compliance & Amended FC North Notes
CreditsEquivalency Points
NPDc14Tree-1. Tree-lined streets160% of streets with shade trees at
Lined/Shaded least every 40 ft.
Streets
2. shaded streets140% of sidewalks shaded
NPDc15School ProximitySchool proximity62% residential share of total floor
1area, and 50% of dwelling units within
1/2-mile walk distance of elementary
& high
schools (with BRT crossing)
GIBp1Certified Green Certified greenbuildingYesOne building assumed, consistent with
Buildingregional certification
rates
GIBp2Minimum Minimum building energy YesCalifornia energy code exceeds
Building Energy efficiencyLEED-ND 2009 minimum
Efficiency
GIBp3Minimum Minimum building water YesCalifornia plumbing code exceeds to
Building Water efficiencyLEED-ND 2009 minimum
Efficiency
GIBp4Construction Construction pollution YesCalifornia pollution prevention code
Pollution preventionexceeds LEED-ND 2009
Preventionminimum
GIBc2Energy Efficient Energy efficient buildings1California energy code equates to
BldgsLEED-ND 2009 one-point
level of energy savings
GIBc3Water Efficient Water efficient buildings1California plumbing code equates to
BldgsLEED-ND 2009 one-point
level of water savings
GIBc4Water Efficient Water efficient landscaping1California water code exceeds LEED-
LandscapingND 2009 minimum
GIBc9Heat Island 3. Mix of roof & non-roof 1Mix of roof & non-roof measures on
Reductionmeasures75% of qualifying areas
GIB c13Infrastructure Energy efficient 115% efficiency gain assumed
Energy Effinfrastructure
IDPc1InnovationExemplary performance130+ diverse uses
IDPc2InnovationExemplary performance1Outdoor irrigation efficiency
IDPc3InnovationInnovation1Achievement of SLLc5 Option 3 -non-
residential infill
IDPc4InnovationInnovation1Environmentally-responsible
landscape maintenance program
assumed
IDPc2LEED LEED AP on team1LEED AP assumed
Accredited
Professional
RPc1Regional Regional priorities4Building water efficiency, walkable
Prioritiesstreets, shaded streets,
mixed use neighborhoods
Total equivalent points56Total Corresponding
LEED-ND Measurements
Equivalent certification Silver
level
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6COMMUNITY DESIGN AND SITE PLANNING FEATURES
This section describes the specific strategies that have been integrated intothe project to create a
sustainable community, including those project attributes designed to reduce air quality impacts by
promoting walking and alternative travel modes, reducing vehicle miles traveled, and improving energy
conservation. Figure 6: Community Design and Site Plan Features includes the list of specific measures
that have been included in theFC-2project.
Figure 6:Community Design and Site Plan Features
Transportation Related Measures
An integrated circulation system provides residents withnon-automobile related circulation options that include
walking, bicycling, and transit.
The mix of proposed residential, commercial, and community uses provide a complementary, mixed-use
environment with a focus on promoting a walkable and bikeable community that promotes pedestrian activityin
and around theproject.
Higher density uses support walking as distances are reduced, which results in lowerGHG emissions from
vehicles.
Direct pedestrian links, including the proposed pedestrian bridge over the SR-125,extend from the surrounding
neighborhoods directly to theproject site.
Bike lanes and bike racks will be provided through the project.
Allinternalroadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic
speeds are conducive to walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
LSVs may travel on all internalstreets with a maximum travel speed of 35 miles per hour.
The current regional transit plan includes BRT transit lines the extension of East Palomar Streetalong the
southern boundary of the project.
A futurelocaltransit stop is planned at the southeast intersection of Olympic Parkway and Town Center Drive,
closest to the hotels and mixed use commercial uses.
Synchronization ofthe traffic lights is requiredas part of an individual development project with previously
installed traffic lights in order to reducetraffic congestion.
Energy Conservation Related Measures
All of the residential units will be multi-family, whichuse less energy for heating and cooling when compared to
single-family detached homes.
California Green Building Code Title 24, Part 11 (CALGreen) requires that a minimum of 50% all new
construction waste generated at the site be diverted to recycle or salvage. Additionally, the State has set per
capita disposal rates of 5.3 pounds per person per day for the City of Chula Vista. Reducing waste could
reduce the amount of vehicle trips transporting materials to and from the site.
CVMC 8.25.095requires all new construction and demolition projects to divert 100% of inert waste (asphalt,
concrete, bricks, tile, trees, stumps, rocks and associated vegetation and soils resulting from land clearing from
landfill disposal); and 50% of all remaining waste generated. Contractors will be required to put up a
performance deposit and prepare a Waste Management Report form to ensure that all materials are
responsibly handled. Upon verification that the diversion goals have been met the performance deposit will be
refunded.
Utilize solar heating technology as practical. Generally, solar panels can be cost-effectively used to heat water
for domestic use andfor swimming pools. Advances in solar technology in the future may make other
applications appropriate.
Enhance energy efficiency in building designs and landscaping plans.
Installation of solar water heater preplumbing.
Installation of solar photovoltaic prewiring.
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Installation of residential graywater stub-out.
Other Measures to Improve Air Quality
Install only electric or naturalgas fireplaces in new development. No wood burning fireplaces are permitted.
When siting sensitive land uses such as residences, schools, day care centers, playgrounds and medical
facilities the recommendations set forth in Table 1-1 of California Air Resources Board’s (CARB) Land Use and
Air Quality Handbook (CARB 2004) will be use as a guideline. Specifically, new sensitive uses would not be
located within 50 feet of any typical-sized gas station (one that has a throughput of less than 3.6 million gallons
per year). No gas stations with a throughput of 3.6 million gallons per year or greater shall be developed within
theproject.
Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in five to
fifteen years through tree canopies, shade structures, or light colored "cool" paving.
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7.CHULA VISTA CLIMATE ACTIONPLAN
This section provides a comparative evaluation between the community/site design features and the energy
efficiency emission reduction action measures contained in the City’s Climate ActionPlan(CAP)which was
adopted by City Council on September 26, 2017.
The City of Chula Vista original COReduction Plan adopted in November 2000,was intended to reduce
2
GHGemissions by 20% below 1990 levels. The COReduction Plan outlined steps for Chula Vista to
2
reduce energy consumption, promote alternative transportation and design transit-friendly, walkable
communities.The 2005GHG emissions inventoryindicated that Chula Vista’s annual citywide GHG levels
had increased by 35% since 1990 due primarily to residential growth. During the same period, the City
made significant progress in reducing annual per capita emissions by 17% and avoiding nearly 200,00 tons
of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly
due to traffic signal energy-efficiency improvements. As a result of the 2005 Greenhouse Gas Emissions
Inventory Report, in 2008, the City Council directed the re-evaluated of the program and convened a
Climate Change Working Group (CCWG) to develop recommendations to reduce the community’s
greenhouse gas emissions or “carbon footprint” in order to meet the City’s 2010 greenhouse gas emissions
reduction targets. Duringthe 2014 CCWG sessions, the City established a new plan of actions to take it
closer to achieving statewide goals of reducing GHG emissions to 15% below 2005 levels by 2020 and
55% by 2030. These Implementation Measures include the following:
I.WATER CONSERVATION & REUSE
Objective 1.1 –Water Education & Enforcement
Strategy 1. Expand education and enforcement targeting landscape water waste.
Objective 1.2 –Water Efficiency Upgrades
Strategy 1.Update the City’s landscaping regulations to promote more waterwise
designs.
Strategy 2.Require watersavings retrofits in existing buildings at a specific point in time.
Objective 1.3 –Water Reuse Plan & System Installations
Strategy 1. Develop a Water Reuse Framework for storm water, graywater, and onsite
waterreclamation.
Strategy 2. Facilitate simple graywater systems for LaundrytoLandscape applications.
Strategy 3. Streamline complex graywater systems permit review
II.WASTE REDUCTION
Objective 2.1 –Zero Waste Plan
Strategy 1. Develop a Zero Waste Plan to supplement statewide green waste, recycling,
and plastic bag ban efforts.
III.RENEWABLE & EFFICIENT ENERGY
Objective 3.1 –Energy Education & Enforcement
Strategy 1. Expand education targeting key community segments and facilitate energy
performance disclosure.
Strategy 2. Leverage the building inspection process to deter unpermitted, lowperforming
energy improvements.
Objective 3.2 –Clean Energy Sources
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Strategy 1. Incorporate solar into all new buildings to help transition to Zero Net Energy
design.
Strategy 2. Provide more griddelivered clean energy (up to 100%) through Community
Choice Aggregation or other mechanism.
Objective 3.3 –Energy Efficiency Upgrades
Strategy 1. Reauthorize the City’s “cool roof” standards and expand to include reroofs and
western areas.
Strategy 2. Facilitate more energy upgrades in the community through incentives, permit
streamlining (where possible), and education.
Strategy 3. Require energysavings retrofits in existing buildings at a specific point in time.
Objective 3.4 –Robust Urban Forests
Strategy 4. Plant more shade trees to save energy, address heat island issues, and improve
air quality.
IV.SMART GROWTH & TRANSPORTATION
Objective 4.1 –Complete Streets & Neighborhoods
Strategy 1. Incorporate “Complete Streets” principles into municipal capital projects and
plans.
Strategy 2. Encouragehigher density and mixeduse development in Smart Growth areas,
especially around trolley stations and other transit nodes.
Objective 4.2 –Transportation Demand Management
Strategy 1. Utilize bike facilities, transit access/passes, and other Transportation Demand
Management and congestion management offerings.
Strategy 2. Expand bikesharing, carsharing, and other “last mile”transportation options.
Objective 4.3 –Alternative Fuel Vehicles
Strategy 1. Support the installation of more local alternative fueling stations
Strategy 2. Designate preferred parking for alternative fuel vehicles.
Strategy 3. Design all new residential and commercial buildings to be “Electric Vehicle
Ready.”
Figure 7: Consistency with CAP Implementation Actions
Describe how project
Project/Community
ImplementationActiondesign will Implement
Design Features
CAPActions
Water Conservation & Reuse
Project will conserve water
Objective 1.2. Strategy 1. Update the City’s
Project is consistent with the water-wise through selection of low
landscaping regulations to promote more
landscape requirements.water use plans and smart
wise designs.
water
irrigation
Renewable & Efficient Energy
Compliance with CVMC 20.04.030 that
requires solar water heater
preplumbing in all new residential
Objective 3.2 Strategy 1.Adopt prewiring Reduces energy
units.
and preplumbing standards for solarconsumption that reduces
Compliance with CVMC 20.04.040 that
GHG emissions.
photovoltaic and solar hot water, respectively
requires solar photovoltaic prewiringin
all new residential units.
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The land use plan includes widened Reduces energy
Objective 3.4 Strategy 4. Plant more shade landscape medians and parkways to reduce consumption that reduces
trees to save energy, address heat island paving. Shade-producing street trees will be GHG emissions.
issues, and improve airquality.planted to reduce heat build-up and
demand for air conditioning.
Smart Growth & Transportation
Reduces vehicle-
The SPA provides a detailed
miles traveled that in
Circulation Network that links with the
turn reduces the
potential transit stops. The project is
GHG emissions.
within walking distanced of 3 MTS bus
Promotes bicycling
routes.
that can reduce
The mixed-use nature of the project
vehicle-miles traveled
encourages pedestrian and bicycle
that in turn reduces
travel as an alternative to the
Objective 4.1. Strategy 1.Incorporate
the GHG emissions.
automobile. Streets are designed to
“Complete Streets” principles into municipal
accommodate bicycle travel.
capital projects and plans.
Building and site design anticipates
and accommodates pedestrian and
vehicle circulation to reduce traffic
impacts on neighboring streets and
jointly optimize pedestrians and
vehicles. Buildings are oriented toward
sidewalks. Bike parking is required for
all uses.
Project is located along BRT route, Reduces vehicle-miles
traveled that in turn
within walking distance to Park & Ride
reduces the GHG
BRT station. The residential uses in
emissions.
the project are Multi-Family high-
density.
The mixed-use nature of the project
Objective 4.1. Strategy 2. Encourage higher
encourages pedestrian and bicycle
density and mixeduse development in Smart
Growth areas, especially around trolley travel as an alternative to the
stations and other transit nodes.
automobile. Streets are designed to
accommodate bicycle travel.
Pedestrian pathways and trails
accommodate pedestrian movement
from the residential areas to schools,
parks and commercial uses.
Objective 4.1,Strategy 1. Utilize bike The project will accommodateelectric Reduces non-renewable
facilities, transit access/passes, and other vehicle (EV) chargers, throughprograms energy consumption that
Transportation DemandManagement and such as SDG&E’s Power Your Drive.reduces GHG emissions.
congestion management offerings.
Objective 4.3. Strategy 1. Support the Energy efficient light for streets, parks and Reduces energy
installation of more local alternative fueling other public spaces is required. consumption that reduces
stations.GHG emissions.
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8.CREDIT TOWARDS INCREASED MINIMUM ENERGY EFFICIENCY STANDARDS
Note: Detailed provisions related to the calculation and application of credits are currently under
development and subject to subsequent review and approval of City Council.
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9.Compliance Monitoring
This section includes a written description and a checklist (Figure 8) summarizing the project design
features and mitigation measures that have been identified to reduce the development'seffects on air
quality and improve energy efficiency.
Figure 8: Air Quality Improvement Plan Compliance Checklist
Project Consistency
Method ofResponsible
& Compliance
Timing of Verification
12
VerificationParty
3
Documentation
PLANNING
AQIP ProjectDesign
Features/Principles
Precise Plan, Design
Pedestrian oriented developmentPlan ReviewCity of Chula Vista
Review
Widened landscape medians and Precise Plan, Design
Plan ReviewCity of Chula Vista
parkways with street treesReview
Precise Plan, Design
Integratedcirculation systemPlan ReviewCity of Chula Vista
Review
SPA Plan, Precise
Mix of uses Plan ReviewCity of Chula Vista
Plan
SPA Plan, Precise
Higher density Plan ReviewCity of Chula Vista
Plan
Tentative Tract
Class II Bicycle facilities Plan CheckFinal Map, City of Chula Vista
Improvement Plans
Opportunity for employee services
Plan ReviewPrecise PlanCity of Chula Vista
to be located near employers
Tentative Tract
Circulation pattern w/less than
Plan ReviewFinal Map, City of Chula Vista
35mph
Improvement Plans
Available public transportationPlan ReviewPrecise PlanCity of Chula Vista
Transit PlanTransit ReviewPer SANDAGSANDAG/MTS/City
Compliance with the City's Shade Precise Plan,
Plan ReviewCity of Chula Vista
Tree Policyfor parking lotsConstruction Plans
Air Quality Mitigation Measures
Construction related emissions Permit ReviewGrading PermitCity of Chula Vista
Siting of sensitive land usesPermit ReviewPrecise PlanCity of Chula Vista
TAC Emission CompliancePermit ReviewBuilding PermitCity of Chula Vista
(Continued on next Page)
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Figure 8: Air Quality Improvement Plan Compliance Checklist (Continued)
Project Consistency
Timing of Responsible
Method of
& Compliance
12
VerificationParty
Verification
3
Documentation
BUILDING
Green Building Standards
Waste
Construction or City of Chula
New Construction Recycling PlanManagement
demolition permitVista
Report Review
Tentative Tract ORSan Diego
Project wide recyclingPlan Check
Building PermitCounty
Energy Efficiency Standards
City of Chula
Size of dwellings unitsPlan CheckBuilding Permit
Vista
Building Permit/
Compliance with2016California Energy City of Chula
Plan CheckTitle 24 Energy
CodeVista
Report
Installation of energy efficient City of Chula
Plan CheckBuilding Permit
appliancesVista
Participation in a Utility Demand City of Chula
Plan CheckBuilding Permit
Response programVista
Compliance with 2016CalGreen Indoor City of Chula
Plan CheckPlumbing Permit
Water Use requirementsVista
Compliance with EPA's WaterSense City of Chula
Plan CheckPlumbing Permit
certificationVista
Compliance with EPA's Energystar
City of Chula
certification for indoor residential Plan CheckPlumbing Permit
Vista
appliances
City of Chula
Efficient irrigation equipmentPlan CheckLandscape Plan
Vista
City of Chula
Water efficient vegetationPlan CheckLandscape Plan
Vista
City of Chula
Turf limited to 30% in residential areas Plan CheckLandscape Plan
Vista
Solar access -use passive solar design City of Chula
Plan CheckBuilding Permit
andbuilding orientation principlesVista
Solar access -Use of vertical landscape
City of Chula
elements to reduce heating/cooling Plan CheckBuilding Permit
Vista
loads
Energy efficient light of streets, parks City of Chula
Plan CheckBuilding Permit
and public spacesVista
Installation of solar water heater City of Chula
Plan CheckBuilding Permit
Vista
preplumbing
Installation of solar photovoltaic City of Chula
Plan CheckBuilding Permit
Vista
prewiring
Installation of residential graywater City of Chula
Plan CheckBuilding Permit
Vista
stub-out
Notes:
1.Method of verification may include, but is not limited to, plan check, permit review, site inspection.
2.Identify the party responsible for ensuring compliance (City of Chula Vista, San Diego APCD, Other)
3.This column shall include all pertinent information necessary to confirm compliance including document type, date of completion,
plan/permit number, special notes/comments, and contact information.
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Third Addendum to EIR
Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
PROJECT NAME:Otay Ranch Planning Area 12
PROJECT LOCATION:City of Chula Vista
PROJECT APPLICANT:City of Chula Vista
DATE:May 6, 2019
1INTRODUCTION
The FinalEnvironmental Impact Report for the Otay Ranch Freeway CommercialSectional
Planning AreaPlan Planning Area 12(FEIR)(identified by the City of Chula Vistaas EIR 02-
04)contains a comprehensive disclosure and analysis of potential environmental effects associated
with the implementation of the Sectional Planning Area (SPA)Planand Freeway Commercial
(FC) site (referred to as “proposed project”or “SPA Plan”)in the City of Chula Vista(City)(City
of Chula Vista 2003). The SPA Planwas developed torefine and implement the land use plans,
goals and objectives of the Otay Ranch General Development Plan (GDP) for the development of
Planning Area (PA) 12.
In May 2015, the City approved the General Plan and Otay Ranch GDP Amendments, as well
as entitlements, for the proposed modifications through approval ofthe First Addendum; In
September 2016, aSecond Addendum to the FEIRwas prepared for the SPA Plan Amendments
and a Tentative Map that implements the General Plan and Otay Ranch GDP.The First and
Second Addenda to the FEIR modified the project to allowfor the construction of 600 multi-
family residential units, 15,000 square-feet of commercial space in a mixed use format,and
2.0 acres of public parkland.The FEIR, the First Addendum, and the Second Addendumare
collectively referred to as the “FEIR.” This Addendum addresses proposed modificationsto add
300 dwelling units to thenortheastern portion of Planning Area 12,also referred to asFreeway
Commercial North(FC-2).All 300 units would be added to the area east of Town Center Drive
and the west portion of the FC-2site would remain unchanged withtheproposed modifications
of this Addendum.This increase would result in a total of 900 dwelling units in the FC-2site.
2CEQA REQUIREMENTS
Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency’s responsibilities in
handling new information that was not included in a project’s final environmental impact report
(EIR).
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Section 15162 of the CEQA Guidelines provides:
a.When an EIR has been certified…for a project, no subsequent EIR shall be prepared
for that project unless the lead agencydetermines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
1.Substantial changes are proposed in the project which will require major
revisions of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects;
2.Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase
in the severity of previously identified significant effects; or
3.New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
EIR was certified as complete, shows any of the following:
A.The project will have one or more significant effects not discussed in the \[Final\]
EIR;
B.Significant effects previously examined will be substantially more severe
than shown in the \[Final\] EIR;
C.Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt
the mitigation measure or alternative; or
D.Mitigation measures or alternatives which are considerably different from
those analyzed in the \[Final\] EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
In the event that one of these conditions would require preparation of a subsequent EIR, but “only
minor additions or changes would be necessary to make the \[Final\] EIR adequately apply to the
project in the changed situation,” the City could choose insteadto issue a supplement to the FEIR
(CEQA Guidelines, § 15163, subd. (a)).
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In the alternative, where the changes or new information will result in no new impacts, or no more
severe impacts than any that were disclosed in the FEIR for theproposed project,the City “shall
prepare an addendum”pursuant to CEQA Guideline, § 15164.That section states that an
addendum should include a “brief explanation of the decision not to prepare a subsequent EIR
pursuant to § 15162,” and that the explanation needs to be supported by substantial evidence
(CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review,
but may simply be attached to the FEIR (Ibid.; CEQA Guideline, § 15164, subd. (c)).
Thus, in the following inquiry the City considers under the standards articulated above whether
each of thesechanged circumstances reveal or create previously undisclosed significant
environmental impacts or a substantial increase in the severity of previously disclosed impacts
(CEQA Guidelines, §15162, 15163, 15164, subd. (a); 15088.5, subds. \[a\], \[b\]).As the following
discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final
Environmental Impact Report for the Otay Ranch Freeway CommercialSectional Planning Area
Plan Planning Area 12 project, pursuant to CEQA Guideline, § 15164.
3PROJECT LOCATION AND REGIONAL SETTING
Otay Ranch lies within the East Planning Area of the City of Chula Vista. The East Planning Area
is bordered by Interstate 805 (I-805) to the west, San Miguel Mountain and State Route 54 to the
north, the Otay Reservoir and the Jamul foothills to the east, and the Otay River Valley to the
south. The SPA Planis located in the northeastern portion of the Otay Valley Parcel of the 22,899-
acre Otay Ranch GDP project area(Figures1and 2).The project site, which comprises the FC
Northportion of PA 12 in the adopted Otay Ranch GDP, is located east of State Route 125, west
of Eastlake Parkway, south of Olympic Parkway, and north of Birch Road.
The project areais characterized by flat mesa tops and rolling hills including a sloping canyon
located in the central portion of the project site, which heads west towards Poggi Canyon.Site
elevation ranges from approximately 560 feet above mean sea level (amsl) to approximately 640
feet amsl. The site was previously used for agricultural uses and livestock grazing. The site
contains a small system of dirt roads and cattle trails, as well as inactive agricultural fields and
non-native grasslands.
The projectsiteis surrounded by other Otay Ranch development areas including Village 6 to the
west, Village 11 to the east, a portion of the existing Eastlake community to the north and northeast,
Village 7 to the southwest, and the EUC to the southof Birch Road.Eastlake High School and a
commercial area are located north of the project site and the Arco Olympic Training Center is
located east of the project site, immediately adjacent to Otay Lake. The proposed modifications
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are located in the northern portion ofPA 12, which is identified as FC-2 in the FEIR.FC-1 is fully
developed as the Otay Ranch Town Center.
4PROPOSED MODIFICATIONS
This Addendum addresses the proposed SPA Plan Amendment and Freeway Commercial North
Master Precise Plan for the northern portion of Freeway Commercial to allow for a density increase
of 300 dwelling units.All 300 units would be added to the area east of Town Center Drive and
the west portion of the FC-2site would remain unchanged with the proposed modifications of
this Addendum, as shown on Figure 3. This increase would result in a total of 900 dwelling units
in the FC-2site.
The additional units would be designed as a mid-rise style building, consisting of residential units
and ground-floor retail which would wrap around anabove-grade parking structure. This design
feature would eliminate the need for large areasof surface parking lotsand allow for an enhanced
pedestrian-oriented design.It would also provide accessible parking for occupants as the
residential units and ground-floor retail space wouldsurround the parking structure. With this
density increase proposed by this Addendum, the proposed modifications would also increase the
maximum buildingheightto84feetand 8 inchesabove-grade.
With the addition of 300 dwelling units, the project’s overall residential density would be 33.7
dwelling units per acre (du/ac), which is consistent with the City’s General Plan.Residential
densities would range from the lowest of 13.8 du/ac to 26 du/ac to 55.6du/ac(or up to 58.4 at full
buildout of 900units).All additional residential units would be constructed on the existing
footprint of the project site.
The proposed density increase of 300 dwelling units would also require the addition of 2.35 acres
of parkland, 30 additional affordable housing units as part of the total 300 proposed, and 3.24acres
of net useable land for Community Purpose Facilities off-siteconsistent with Chula Vista
Municipal Code Section 19.48.025.
The proposed modifications would not require an expansion of the project sitefrom that studied in the
FEIR,and would not substantially change trip distribution patterns. No additional significant impacts
beyond those previously analyzed in the FEIR, or substantial increases in any identified significant
impacts are anticipated; however, the proposed modification represents new information that was not
available at the time that the FEIR was certified. Therefore, the City has prepared this addendum
pursuant to CEQA § 15162 to disclose minor changes in the proposedproject, and minor changes in
some of the environmental effects as a result of proposed modifications.
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5IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The following environmental analysis provided in Section 6.0 supports a determination that
approval and implementation ofthe proposeddensity increaseto the FC-2site on PA 12would
not result in any additional significant environmental effects beyond those previously analyzed
under the FEIR for theproposed project.
6ANALYSIS
Aesthetics/Landform Alterations
Impacts to aestheticsare addressed in Section 5.2of the FEIR.As analyzed in the FEIR, theSPA
Planwould not obstruct a scenic vista and no scenic resources are visible from nearby roadways,
including Olympic Parkway,which is not a designated scenic highway, but is considered a “scenic
corridor” as designated by the City of Chula Vista General Plan.The FEIR included an undulating
landscaped buffer at the project frontage along Olympic Parkway as a project design feature;
however, this feature was included in order to minimize impacts to visual quality resulting from
the predominantly large-scale commercial development that was originally proposed. Those areas
are now designated and proposed for residential and hotel uses. As such, the current proposal
would offer more attractive urban scenes, and an undulating landscaped buffer is no longer
necessary.
Moreover, the adopted SPA Plan includes design development standards to minimize impacts to
visual quality. The proposed modification wouldadd an additional 300 residential units to the
portion of the FC-2 site east of Town Center Drive.This would result in a larger scale and massing
of development approved for this portion of the project site under the FEIR, primarily attributed
to taller residential buildings. However, the aesthetic nature of the residential development within
these areas would not be substantially different.The additional units would be designed as a mid-
rise style building, consisting of residential units and ground-floor retail which would wrap around
an above-grade parking structure. This design feature would eliminate the need for large areas of
surface parking lots.Therefore, the proposed modificationswould notresult inanysignificant
impacts to scenic vistas or resources.
The FEIR identified significant impacts resulting from additional light and glare to the area as the
proposed projectwould introduce new land uses to a currently undeveloped site. The proposed
modifications would introduce similar light and glare elements to the area; however, the project
site boundaries would remain as analyzed previously and no new light and glare impacts beyond
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those identified in the FEIR would occur. Therefore, no new mitigation would be required beyond
mitigation measures 5.2-1 through 5.2-9 as identified in the FEIR.
Although the proposed modificationswould result in additional residential units, the modification
would maintain all previously analyzed design standards and architectural considerations.
Therefore, the proposed modificationswouldnot result in new substantial or significant impacts
beyond those previously analyzed in the FEIR.
Air Quality
Impacts to air quality are addressed in Section 5.4of the FEIR. An air quality technical report was
prepared for the proposed modificationsby Scientific Resources Associated (SRA 2017). The air
quality technical report analyzed air quality impacts from the proposed modifications.Information
provided in the air qualitytechnical report was compared against the analysis in the FEIR for a
determination of overall netimpactsresulting from the proposed modifications.
Construction emissions would not exceed those levels identified in the FEIR, with the exception
of construction VOCs(SRA 2017).However, all pollutants, including construction VOC
emissions, would remain below all significance thresholds for criteria air pollutantsand thus would
not result in a significant impact to air quality(SRA 2017).Alloperational emissions would be
lower than levels identified in the FEIR(SRA 2017).
The site would be watered at least three times daily to control fugitive dust emissions,and vehicle
speeds would not exceed 15 miles per hour,per FEIR mitigation measure 5.4-2. In addition,low-
VOC paints would be utilized during architectural coatings. With incorporation of these design
features, construction emissions were estimated to be below construction emissions estimated in
the FEIR. The FEIR also identified mitigation measures 5.4-1 and 5.4-2,which reflectdust control
emissions.
measures and measures to reduce VOC and NO
x
Therefore, nonew significant sourcesof construction or operational air emissionsor health risk
impacts beyond those identified in the FEIR would occur with implementation of the proposed
modifications to the proposed project.
Biological Resources
Impacts to biological resourcesare addressed in Section 5.8of the FEIR. As indicated in theFEIR,
no sensitive habitat or wetlands occur on the project site, and there is a low potential for sensitive
plant species to occur on site and no sensitive plant species were observed at the time of surveying.
Sensitive animal species observed on site include golden eagles and tricolored blackbirds;
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however, no nesting activity or suitable habitat for these species were observed. The proposed
modificationswould not exceed previouslyestablished boundariesfor project developmentas
approvedin the SPA Planand the proposedmodifications would be subjectto mitigation as
provided in Section 5.8.Therefore, no new or increased levels of impacts to biological resources
would result from implementation of the proposed modificationsbeyond those previously
analyzedin the FEIR.
Water Resourcesand Water Quality
Impacts to water quality are addressed in Section 5.10of the FEIR. SPA-level water quality
technical reports were completed for the proposed projectas analyzed in the FEIR.
The proposed modificationswould continue to comply with allapplicable rules and regulations
including compliance with NPDES permit requirements for urban runoff and storm water
discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm
water quality would be implemented as delineated in the FEIR with respect to municipal and
construction permits. Project drainage and storm water quality reports, prepared in compliance
with local, state, and federal regulations, would be updated to reflect changes in development of
the project site as a result of the proposed modifications. Compliance with all applicable rules and
regulations governing water quality as well as implementation of all mitigation measures outlined
in Section 5.10of the FEIR would ensure no additional impacts to water quality beyond those
previously analyzedwould occur as a result of the proposed modifications.
Noise
The PA-12 East Addendum to the Prior Noise Study(noise study) (Dudek 2018)concludes that
the future noise levels from trafficwould exceed the City’s maximum exterior noise level criterion
of 65 dBACNELat open space areas and first-floor balconies for residences along the northern
and eastern boundaries of the FC-2site facingOlympic Parkway. Additionally, the exterior noise
levels for second-floor balconies located at the intersection of Olympic Parkway and Promenade
Street would exceed the City’s maximum exterior noise level criterion.TheOtay Ranch GDP has
policies in place to requireappropriate sound attenuation project features for all required
residential open space and public open space areas that are exposed to a noise level of 65 dBA
CNEL or greater. Consistent with these policies, balconies planned on these residential units that
are counted toward any open space requirements wouldincorporate appropriate sound attenuating
project featuresaround the perimeter of the balconies.
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Further, the ground-floor level exterior common areas within the line-of-sight of Olympic Parkway
and Eastlake Parkwaywould require noise attenuation in the form of noise barriers.Noise barriers
would be extendedalong Eastlake Parkway for the Parklet and along the portion of Olympic
Parkway adjacent tothe Northern Patio Amenity Area.
Consistent with Mitigation Measure 5.5-1 of the approved EIR (City of Chula Vista 2002), and to
comply with the City and State’s 45 dB CNEL interior noise standard, the following measuresis
required:
a.Prior to the approval of site development plans, the applicant shall submit a supplemental
noise analysis acceptable to the Director of Planning and Building demonstrating that
interior noise levels would not exceed 45 dB CNEL.
b.A noise barrier with a minimum height of 6 feet shall be constructed along the eastern edge
of the site next to Eastlake Parkway, unless that proposed open space area is not needed to
meet the project’s exterior open space requirement. Figure 1of the noise study (Dudek
2018)shows the location of the barrier.
c.A noise barrier with a minimum height of 6 feet shall be constructed (as shown in Figure
1of the noise study, Dudek 2018) to block the noise from Olympic Parkway from the
Northern Patio Amenity Area.
d.Building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3, B4, B5, B6, and B7, as identified
in the noise study (Dudek 2018)shallrequire Plexiglass or other clear-view panels at first-
floor balconies/open space areas within the line-of-sight Olympic Parkway if the
balconies/open space areas are used to satisfy the project’s open space requirement.
With the additions of these noise barriers, and full compliance with the Otay Ranch GDP policies
as discussed above,the proposed modifications would not exceed the City’s applicable limits
established in the noise ordinance in accordance with Mitigation Measure 5.5-1 of the approved
FEIR. Therefore, no new significant impacts would occur beyond what is analyzed in the FEIR.
Traffic, Circulation, and Access
Impacts to trafficare addressed in Section 5.3of the FEIR. Atrafficmemorandum has been
conducted for this Addendumin April 2019to evaluate the potential traffic impacts associated
with the proposed modifications(Chen Ryan 2019).When analyzing potential trip generation
and traffic impacts, the entire FC-2 site is accounted for, with the proposed modifications.
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Under the proposed modifications, the FC-2 site would generate approximately 7,681daily tripswith
the 15% transit and mixed-use reduction, a 10% transit reduction, and a 10% walk/bike mode-share
reduction.The proposed modifications would generate less traffic both in daily trips and PM peak
hour trips compared to the FEIR. As analyzed in the traffic memorandum, the increase in AM peak
hour trips would not result in any new significant traffic impacts during the Existing Plus Project or
Horizon (Year 2030) conditions (Chen Ryan 2019). Addiiontally, all project driveways, as well as
the project frontage would operate at acceptable levels of services with adequate queueing storage
along Town Center Drive, with the exception of the left-turn movement during the PM peak hour at
Olympic Parkway/Town Center Drive (Chen Ryan 2019). However, currently installed “do not
block” signage would prevent potential queueing from interfering with traffic circulation (Chen
Ryan 2019). Therefore, no new significant impacts would occur beyond what is analyzed in the
FEIR.
Public Services and Utilities
Impacts to publicservices and utilities are addressed in Section 5.12of the FEIR. The following
technical studies were prepared for the proposed modifications:
Otay Ranch Planning Area 12 Freeway Commercial SPA Amendment Water System
Evaluation (Dexter Wilson 2017a)
Private Water System Analysis for the Otay Ranch Planning Area 12 East Residential
Site (Dexter Wilson 2019a)
Sewer System Evaluationfor the Otay Ranch Planning Area 12 Freeway Commercial
SPA Amendment(Dexter Wilson 2017b)
Sewer System Analysis for the Otay Ranch Planning Area 12 East Residential Site
(Dexter Wilson 2019b)
Water Demand and Water System
The proposed projectwater demands were included in the Otay Water District(OWD)
February 2015 Water Supply Assessment and Verification (WSAV). Table 1summarizes the
projected water demands as presented in the WSAVand projected demand based on the
proposed modifications. As shown, projected water demand withthe proposed modifications
would decreaseby 13,900gallons per day, or 16acre-feet per year,ascompared tothe
assumptionsin the 2015 WSAV (Dexter Wilson 2017a).The reduction in demand is a result
of updated water demand factors used in the OWD 2015 Water Facilities Master Plan. These
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updated water demand factors for residential development are based on actual usage data and
reflect lower projected usage per unit as a result of water conservation efforts in recent years.
Table 1
Proposed Project Water Demand Summary
Land UseAcresBuilding UnitsUnit Demand FactorTotal Demand (gpd)
WSAV Water Demand(2015WSAV)
1
MF Residential Units—650255gpd/unit165,750
Hotel Rooms—310115 gpd/room35,650
Commercial3.6—1,785 gpd/ac6,428
Subtotal207,828
Proposed ModificationPotable Water Demand
1,2
Multi-Family Residential—900170gpd/unit153,000
1
Hotels—300115 gpd/unit34,500
2
Commercial3.6—1,785gpd/ac6,428
Subtotal193,928
DecreasedWater Demand13,900
Source: Dexter Wilson 2017a
Notes:gpd = gallons per day
1
Assumes recycled water to be used for irrigation.
2
Based on 2015 Water Facilities Master Plan (OWD).
The recommended water system was outlined in the 2002Sub Area Master Planfor the
proposed projectand included in the OWD 2015 Water Facilities Master Plan.As shown in
Table 1, the projected water demand for the proposed modificationsis lower than what was
estimated in the 2015 WSAVreport.Thus, impacts on water supply due to implementation of
the proposed modifications have been adequately evaluated and do not require any changes or
updates (Dexter Wilson 2017a).
The sizing of the existing 16-inch water line in Olympic Parkway, 20-inch line in Eastlake
Parkway, and proposed 12-inch line in Town Center Driveareadequate to support the proposed
modificationsand, therefore, no changes to the proposed projectwater systemas analyzed in the
FEIRare necessary as a result of the proposed modifications(Dexter Wilson 2017a).Additionally,
the proposed modificationswould comply with the City of Chula Vista Guidelines for water
conservation, including the use of recycledwater for landscaping and implementation of additional
water conservation measures such as hot water pipe insulation, pressure reducing valves, and water
efficient dishwashers. As such, the proposed modifications would not result in any newsignificant
environmental effects beyond those previously analyzed under the FEIR for theproposed project.
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Regarding recycled water use, the proposed modificationwould use recycled water for irrigation
of the park site and common areas associated with the commercial and residential sites. Table 2
shows the average recycled water demand associated with the proposed modifications.
Table 2
Proposed Modifications Projected Recycled Water Demand
Recycled Water Net Recycled Average
Land UseQuantityFactorAcreageUnit RateDemand
1
Multi-Family Residential900units15%—30gpd/unit27,000
1
Commercial4.0acres10%0.41,900gpd/ac760
1
Park2.0 acres100%2.01,900gpd/ac3,800
Total31,560gpd
Source: Dexter Wilson 2017a
Notes:gpd = gallons per day
1
Based on OWD 2015 Water Facilities Master Plan.
As shown in Table 2, the estimated average recycled water demand for the proposed modifications
is 31,560gallons per day, or 35.4acre-feet per year, which would not necessitate changes to the
approved recycled water system(Dexter Wilson 2017a).As such, the proposed modifications
would not result in any newsignificant environmental effects beyond those previously analyzed
under the FEIR for theproposed project.
Wastewater Demand and Wastewater System
The August 2004 approved SPA plan provided projected wastewater flows. Table 3shows a
comparison between projected wastewater flows for the proposed projectand wastewater flows
basedon the land usesofthe proposed modifications.
Table 3
Proposed Modifications Wastewater Flow Summary
Land UseAcresBuilding UnitsGeneration FactorAverage Flow (gpd)
OriginallyApproved Wastewater Flow
Commercial34.5—2,500 gpd/ac86,250
Proposed ModificationWastewater Flow
Multi-Family Residential —900182gpd/unit163,800
1
Hotels—30076gpd/unit22,800
Park2.0—410gpd/ac820
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Table 3
Proposed Modifications Wastewater Flow Summary
Land UseAcresBuilding UnitsGeneration FactorAverage Flow (gpd)
Commercial1.4—1,401gpd/ac1,960
Subtotal189,380
Increased Wastewater Flow103,130
2
Increased Wastewater EDUs448
Source: Dexter Wilson 2017b
Notes:gpd = gallons per day, EDU = equivalent dwelling unit
1
Based on 0.33 EDU per room.
2
Based on 230 gpd/EDU.
The Poggi Canyon Basin Gravity Sewer Development Impact Fee Update (DIF report) was
completed in April 2009, which projected wastewater flows associated with the Poggi Canyon
Interceptor. Table 4shows a comparison of wastewater flows associated with the proposed
modificationsand projected flows as presented in the DIF report.
Table 4
Proposed Modificationsand Poggi Basin Wastewater Flow Summary
1
DescriptionQuantityUnit Flow FactorAverage Flow, gpdEDUs
2009 DIF Study
C-130.4 ac2,500 gdp/ac76,000330.4
C-28.2 ac2,500 gdp/ac20,50089.1
Subtotal 2009 DIF Study420
Proposed Modifications
Multi-Family Residential 900units182gpd/unit163,800712.2
Hotels300units76gpd/unit22,80099.1
Park2.0 acre410gpd/ac8203.6
Commercial1.4acre1,401gpd/ac1,9608.5
Subtotal Proposed Modifications823
Increase403
Source:Dexter Wilson 2017b
Notes:gpd = gallons per day
1
Based on 230 gpd/EDU. 2009 DIF Study was based on 265 gpd/EDU.
The proposed on-site wastewater system would consist of gravity sewer lines that would convey
flow to the Poggi Canyon Interceptor in Olympic Parkway. Based on the average flow presented
in Table 3and a peak factor of 2.22from the City Subdivision Manual, the projected peak flow
for the proposed modificationsis 0.42million gallons per day.An 8-inch gravity sewer line with
a minimum slope of 1.0% is adequate to convey this projected total flow.
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Additionally, the proposed modificationsdo not require additional reaches of the Poggi Interceptor
to be upgraded in the future. Therefore, although the proposed modificationswould exceed the
units anticipated in the 2009 Poggi DIF report, the limits of the required DIF improvements remain
the same. Further, the proposed modificationswould be required to update the Poggi DIF study as
a condition of approval(Dexter Wilson 2017b).The project is consistent withFEIR Mitigation
Measures 5.12-11 through 5.12-13, which require the applicant to demonstrate adequate capacity
in the Poggi Canyon sewer line.As demonstrated above, there is adequate sewer capacity.Also,
when the proposedproject comes forward for approval, itwill be conditioned to pay sewer fees
andconnect to the sewer system.As such, the proposed modifications would not result in any new
significant environmental effects beyond those previously analyzed under the FEIR for the
proposed project.
Police Protection, Fire Protection and Emergency Medical Services, Schools, Libraries,
and Parks
As described in Section 5.12 of the FEIR, police, fire and emergency medical, library, and school
facilities would be financed as part of therequiredPublic Facilities Financing Plan(PFFP).The
project’s PFFP would be modified to reflect the changes in land uses within the site resulting from the
proposed residential development to provide adequate public facilities impact fees.Chula Vista
Municipal Code Section 19.80.030 (Controlled Residential Development) is intended to ensure that
new development would not degrade existing public services and facilities below acceptable standards
for schools and other public services. The PFFP prepared in conjunction withthe preparation of a SPA
Plan for a project is intended to ensure development of the project is consistent with the overall goals
and policies of the General Plan and would not degrade public services.Section 19.09 also requires a
PFFP and the demonstration that public services meet the growth management ordinance quality of
life threshold standards. The PFFP would ensure funding for any needed expansion of services and
that public services would be provided commensurate with development and demand.Pursuant to
Government Code Section 65996, the payment of these fees by a developer serves to fully mitigate all
potential project impacts on school facilities to less than significant levels.Consistent with mitigation
required by the FEIR, all required schoolfees would be paid prior to issuance of building permits. The
PFFP would address any development impact fee requirements to ensure funding for any needed
expansion of public services facilities, including police and fire facilities, parks, and libraries,
commensurate with development and demand.
Any resulting increase in public facilities space, such as schools or libraries, would be minor, likely
located within already developed or developing areas of the vicinity,and would not result in an adverse
physical impact on the environment, consistent with the City’s CEQA thresholds. The proposed
modifications includes an increase of 300 residential units.The proposed modificationswould require
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an additional approximate2.35 acres of parkland, which would be met through payment of Park
Benefit Fees.As such, the proposed modifications would not result in any new significant
environmental effects beyond those previously analyzed under the FEIR for the proposedproject.
7CONCLUSION
This document has identified all changed circumstances and new information and memorializes in
detail the City’s reasoned conclusion that none of these changes create the conditions requiring the
preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162
and 15163.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I
hereby find that approval and implementation of the proposed project will result in only minor
technical changes or additions, which are necessary to make the FEIRadequate under CEQA.
________________________________________________
Name/TitleDate
Attachments:Figures 1–3
Summary of Impacts and Mitigation –Otay Ranch Planning Area 12FC SPA Plan
8REFERENCES
Chen Ryan.2019. Otay Ranch PA 12 Freeway Commercial North –Traffic Analysis
Memorandum.April 24.
City of Chula Vista. 2003.Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional PlanningArea (SPA) Plan Planning Area 12. SCH # 1989010154.
Dexter Wilson Engineering, Inc. 2017a. Otay Ranch Planning Area 12 Freeway Commercial
SPA AmendmentWater System Evaluation. September 25.
Dexter Wilson Engineering, Inc. 2017b. Sewer System Evaluation for the Otay Ranch Planning
Area 12 Freeway Commercial SPA Amendment. September 25.
Dexter Wilson Engineering, Inc. 2019a. Private Water System Analysis for the Otay Ranch
Planning Area 12 East Residential Site. February 27.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
Dexter Wilson Engineering, Inc. 2019b. Sewer System Analysis for the Otay Ranch Planning
Area 12 East Residential Site. 2019b. February 25.
Dudek. 2018. PA-12 East–Addendum to Prior Noise Study and EIR. July 3.
SRA(Scientific Resources Associated).2017.Air Quality and GHG Impacts Planning Area 12.
July 19.
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RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE THIRD ADDENDUM (IS-
17-0005) TO FEIR 02-04; APPROVING AN AMENDMENTTO
THE OTAY RANCH GENERAL DEVELOPMENT PLANTO
REFLECT LAND USE CHANGESFOR APPROXIMATELY 36
ACRESWITHINTHEOTAYRANCHFREEWAY
COMMERCIAL PLANNING AREA 12 PLANNED COMMUNITY,
INCLUDING ASSOCIATED TEXT, MAPS AND TABLES
I.RECITALS
A.Project Site
WHEREAS, the areas of land which are the subject of this Resolution contain all lands
within the boundaries of Exhibit 1attached hereto and incorporated herein by this reference,and
includes approximately 36 acres of land generally located south of Olympic Parkway, west of
EastLake Parkwayand eastof SR-125within the Otay Ranch Planned CommunityFreeway
Commercial North (FC-2) area; and
B.Project; Application for Discretionary Approvals
WHEREAS, inNovember, 2017, the City of Chula Vista deemed the Baldwin and Sons,
LLC(Applicant) application complete and initiated a Otay Ranch General Development Plan
Amendment (GDPA)(the“Project”); and
WHEREAS, the proposed GDPA involvesamending portions of Part IIof the Otay Ranch
General Development Plan(GDP), including associated text, maps and tables; and
WHEREAS, the proposed GDPA iscontained in a document entitled “PA12 –Freeway
Commercial North (FC-2) Amendment (PCM17-0012), May 2019” as representedin Exhibit 2
attached heretoand incorporated herein by this reference;and
C.Prior Discretionary Approvals
WHEREAS, the Otay Ranch GDPwas approved on October 23, 1993, and most recently
updated on May15, 2018; and
WHEREAS, the GDPA as presented isnecessary to accommodate the land uses anticipated
in the associated DevelopmentAgreement amendment between the City of Chula Vista and
Village II Town Center, LLC and Sunranch Capital Partners, LLC for Freeway Commercial North
(FC-2) (Development Agreement); and
2019-06-18 Agenda PacketPage 1048 of 1481
Resolution 2019-_______Page 2of 3
WHEREAS, the GDPA wasdesigned to address and accommodatedevelopment of a
transit-supportive mixed use residential developmentwith ancillary commercial and a highly
amenitized urban park; and
WHEREAS, the next step in the process would require the approval of an amendment to
the Sectional Planning Area (SPA) Planand Development Agreement, and a Design Review (DR)
for Freeway Commercial North (FC-2); and
D.Planning Commission Record of Application
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the GDPA; and
WHEREAS, the proceedings and all evidence introducedbefore the Planning Commission
at the public hearing on this Project, and the Minutes and Resolution resulting therefrom, are
hereby incorporated into the record subsequent to these proceedings; and
E.City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the GDPAand notice
of said hearing, together with its purpose given by its publication in a newspaper of general
circulation in the City, at least ten days prior to the hearing; and
WHEREAS, pursuant to California Government Code section 65090, the City Council held
a duly noticed public hearing on the subject GDPA.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds and determines as
follows:
II.COMPLIANCE WITH CEQA
That the Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan–Planning Area 12(FEIR-02-04)
(SCH#1989010154). The Development Services Director has determined that only minor technical
changes or additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document
have occurred; therefore, the Development Services Director has caused the preparationof a Third
Addendum to FEIR-02-04.
The City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment, as set forth in the record of its proceedings, the Third Addendum to FEIR-
02-04 in the form presented, has been prepared in accordance with the requirements of the
California Environmental Quality Act and the Environmental Review Procedures of the City of
Chula Vista and has considered the Addendum to FEIR-02-04.
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Resolution 2019-_______Page 3of 3
III.GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Development Plan, as
amended, is internally consistent and shall remain internally consistent following amendment
thereof by this Resolution.
IV.ADOPTION OF GENERAL DEVELOPMENT PLAN AMENDMENT
In light of the findings above, the City Council hereby approves the General Development
Plan Amendmentin the form as presented in Exhibit 2attached heretoand incorporated herein by
this referenceand on file in the City Clerk's Office.
Presented by:Approved as to form by:
_________________________________________
Kelly Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
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July 3, 2018 11040-7266
Tori Massie
Baldwin & Sons
Project Coordinator
610 West Ash, Suite 1500
San Diego, California 92101
Subject: PA-12 East Addendum to Prior Noise Study
Dear Ms. Massie:
Dudek has completed this focused noise re-assessment for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan Planning Area 12 (PA-12), in the City of Chula Vista,
California. This letter specifically addresses the East portion of the PA-12 development,
specifically east of Town Center Drive. At your request, we have re-evaluated the adjacent
roadway traffic noise and BRT noise based upon current site information. Please note that all
sound levels in this report are A-weighted. Definitions of acoustical terms used in this report are
provided in Attachment 1.
The City of Chula Vista General Plan Noise Element indicates that the maximum allowable
exterior noise level for new residential developments is a Community Noise Equivalent Level
(CNEL) of 65 A-weighted decibels (dBA) (City of Chula Vista 2005). California Building Code
(Part 2, Title 24, California Code of Regulations) requires that the interior noise level attributable
to exterior noise sources not exceed 45 dBA CNEL for multi-family residential buildings.
The City of Chula Vista also requires that interior noise levels attributable to exterior noise
sources not exceed a CNEL of 45 dBA within residences. Typically, with the windows open,
building shells provide approximately 15 dBA of noise reduction. Therefore, rooms exposed to
an exterior CNEL greater than 60 dBA could result in an interior CNEL greater than 45 dBA.
The California Building Code recognizes this relationship and therefore requires interior noise
studies when the exterior noise level is projected to exceed 60 dBA CNEL.
The exterior noise analysis follows the same general procedure outlined in Noise Assessment
Technical Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
2019-06-18 Agenda PacketPage 1051 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Plan Planning Area 12 (PA-12). Average Daily Traffic (ADT) data for the adjacent arterial
roadways was input in a computer model along with topographical data and site plan
information. CadnaA (Computer Aided Noise Abatement) is a software program for calculation,
presentation, assessment and prediction of environmental noise. This program was used to build
an updated exterior noise model for the project specific area.
For the updated modeling, the more detailed site plan provided by the applicant was utilized for
the analysis. Figure 1 shows the location of the modeled receiver based on these updated plans.
Olympic Parkway and Eastlake Parkway make up the northern and eastern boundaries of the site.
These two roads are the focus of the traffic noise modeling update. The posted speed on Olympic
Parkway is 50 mph (80 kmh). This speed was assumed for both Olympic Parkway and Eastlake
Parkway. Table 1 shows the traffic data used for the noise model.
Table 1
Traffic Volumes Associated with Local Roadways Segments
Utilizing the most recent plan sets and grading elevations available for the mixed use product
types currently planned for the site, we refined a traffic noise model in CadnaA for the
project. The same traffic volumes as used in the prior noise Addendum (Dudek 2015) were
utilized for this analysis specifically, the Horizon Year future traffic volumes as provided
by Chen Ryan (Chen Ryan 2015), because these volumes are still current (i.e., there have
been no revised projections).
Modeled receiver points were placed at the proposed poolside location, the parklet, and other
outdoor areas as well as balcony areas, as shown in Figure 1. Receiver heights corresponding to
1st, 2nd, 3rd and 4th floor elevations were modeled for balconies, based on the provided plans
(Baldwin and Sons 2018). The planned pool area was also incorporated into the updated model.
Table 2 and Table 3 show the updated calculated exterior traffic noise levels. To place the
reported exterior noise levels in context, where noise levels exceed 65 A-weighted decibels
(dBA) Community Noise Equivalent Level (CNEL), exterior mitigation is required; At locations
11040-7266
2 July 2018
2019-06-18 Agenda PacketPage 1052 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
where exterior noise levels exceed 60 dBA CNEL, interior analysis is required. Numbers
displayed in bold indicate where levels exceed 65 dBA CNEL, and italicized numbers indicate
where levels exceed 60 dBA CNEL.
Table 2
Summary of On-Site Traffic Noise Levels1 (dBA CNEL) at Outdoor Use Locations
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
11040-7266
3 July 2018
2019-06-18 Agenda PacketPage 1053 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
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4 July 2018
2019-06-18 Agenda PacketPage 1054 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Table 3
Summary of On-Site Traffic Noise Levels (dBA CNEL) at Balconies
Balcony barriers. For exterior noise levels at the multi-family residential buildings, the Otay
Ranch GDP has policies in place to require appropriate sound attenuation project features for all
required residential open space and public open space areas that are exposed to a noise level of
65 dBA CNEL or greater. Consistent with these policies, balconies planned on these residential
units that are counted as part of an open space requirement would need to incorporate
appropriate sound attenuating project features around the perimeter of the balconies so as not to
exceed the 65 dB CNEL threshold.
Based upon the data shown in Table 3, building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3,
B4, B5, B6, and B7 at first-floor balconies/open space areas and B1 at the second floor balcony
would require Plexiglass or other clear-view panels within the line-of-sight of Olympic Parkway
if the balconies/open space areas open space requirement.
The height of such panels should be a minimum of 6 feet, in order to ensure a minimum noise
reduction of 5 decibels.
Noise wall. Based upon the data shown in Table 2, the ground-floor level exterior common
areas (Parklet and Northern Patio Amenity Area) within the line-of-sight of Olympic Parkway
and Eastlake Parkway would require noise attenuation in the form of noise barriers. The height
of such panels should be a minimum of 6 feet, in order to ensure a minimum noise reduction of
5 decibels. The noise barrier would be extended along Eastlake Parkway as shown in Figure 1
for the parklet. For the Northern Patio Amenity Area, the wall would need to be positioned as
shown in Figure 1.
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5 July 2018
2019-06-18 Agenda PacketPage 1055 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
The noise barriers should have a surface density of at least four pounds per square foot and be
free of openings and cracks (with the exception of expansion joints gaps and other construction
techniques, which could create an opening or crack). The noise barriers may be constructed of
acrylic glass, masonry material, earthen berm, or a combination of these materials.
With construction of a solid noise barrier between the Parklet and Eastlake Parkway, and the
Northern Patio Amenity Area and Olympic Parkway, exterior noise impacts would be less
than significant.
Interior Noise. Based upon Table 2, traffic noise levels would exceed 60 dB CNEL for
residential units facing Olympic Parkway. These units/floors will require subsequent acoustical
analyses to verify compliance with the state of California (CCR Title 24) and City of Chula Vista
45 dB CNEL interior noise standard.
As discussed in a prior noise study for the project (Dudek, 2015), the South Bay Bus Rapid
Transit (BRT) route will be located along the future extension of East Palomar Street adjacent to
the southern boundary of the project site. Noise sensitive receptors that would be affected by the
South Bay Bus Rapid Transit project that would extend East Palomar Street along the southern
portion of the project site include the multi-family residential buildings on the southwest portion
of the PA-12 site. Previous noise modeling based on methodology identified by the Federal
Transit Authority (FTA 2006) and utilizing the FHWA TNM 2.5 traffic noise model (FHWA)
was conducted to determine the noise level associated with the South Bay Bus Rapid Transit
project on a separate portion of Otay Ranch. It was determined that at a distance of 40 feet from
the centerline of the nearest side of East Palomar Street the buildings would experience a
maximum future noise level of 64 dB CNEL at the first floor.
Based upon recently discovered noise emission levels used for the South Bay Bus Rapid Transit
Project (Kimley-Horn and Associates, 2012), the BRT line is anticipated to result in 60 dB
CNEL at a distance of 50 feet. This would equate to a 65 dB CNEL at a distance of 28 feet from
the BRT centerline. Providing that the nearest residential units are not located within 28 feet of
the BRT centerline, the exterior use areas (patios or balconi
exterior noise standard. Additionally, residential units within 50 feet of the BRT centerline
would require subsequent acoustical analysis to verify compliance with the state of California
(CCR Title 24) and the City of Chula Vista 45 dB CNEL interior noise standard. Based upon the
current site plans, none of the buildings in the PA-12 east portion of the site are located within 50
feet of the BRT centerline. Therefore, noise impacts from the BRT line would be less than
significant. No noise mitigation would be required for the BRT line noise.
11040-7266
6 July 2018
2019-06-18 Agenda PacketPage 1056 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
1. Consistent with Mitigation Measure 5.5-1 of the approved EIR (City of Chula Vista
2002), and to comply with the City and 45 dB CNEL interior noise standard, the
following mitigation measure is required:
a. Prior to the approval of site development plans, the applicant shall submit a
supplemental noise analysis acceptable to the Director of Planning and Building
demonstrating that interior noise levels would not exceed 45 dB CNEL.
b. A noise barrier with a minimum height of 6 feet shall be constructed along the eastern
edge of the site next to Eastlake Parkway, unless that proposed open space area is not
. Figure 1 shows the
location of the barrier.
c. A noise barrier with a minimum height of 6 feet shall be constructed (as shown in Figure
1) to block the noise from Olympic Parkway from the Northern Patio Amenity Area.
d. Building receptors A1, A4, A5, A6, A7, A8, B1, B2, B3, B4, B5, B6, and B7 would
require Plexiglass or other clear-view panels at first-floor balconies/open space areas
within the line-of-sight Olympic Parkway if the balconies/open space areas are used
This completes this focused noise report for the PA-12 East project. Should you have any
questions regarding the above information, please call me at 760.479.4248.
Sincerely,
________________________
Brian Grover
Environmental Specialist/Project Manager
bgrover@dudek.com
760.479.4248
__________________________________
Christopher Barnobi, INCE Bd.Cert.
Environmental Acoustician
cbarnobi@dudek.com
Att.: Figure 1
Attachment 1 Definitions
11040-7266
7 July 2018
2019-06-18 Agenda PacketPage 1057 of 1481
Ms. Tori Massie
Subject: PA-12 East Addendum to Prior Noise Study
Chen Ryan. 2015. Otay Ranch PA 12 Trip Generation Review. February 12.
City of Chula Vista. 2002. Otay Ranch Planning Area 12 EIR Freeway Commercial.
City of Chula Vista. 2005. City of Chula Vista General Plan
December 13.
Dudek. 2015. PA-12 FC-2 Amendment Acoustical Assessment Report. March 20, 2015.
FHWA (Federal Highway Administration). 2004.
(Version 2.5 Addendum). April.
Kimley-Horn and Associates, Inc. 2012. Draft Noise Analysis Report, South Bay Bus Rapid
Transit. Prepared for San Diego Association of Governments. December 2012.
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2019-06-18 Agenda PacketPage 1058 of 1481
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ATTACHMENT 1
Definitions
Ambient Noise Level The composite of noise from all sources near and
far. The normal or existing level of environmental
noise at a given location.
A-Weighted Sound Level, (Dba) The sound pressure level in decibels as measured on
a sound level meter using the A-weighted filter
network. The A-weighting filter de-emphasizes the
very low and very high frequency components of
the sound in a manner similar to the frequency
response of the human ear and correlates well with
Community Equivalent CNEL is the A-weighted equivalent continuous
Sound Level (CNEL) sound exposure (CNEL) level for a 24-hour period
with a 10 dB adjustment added to sound levels
occurring during the nighttime hours (10 p.m. to 7
a.m.) and 5 dB added to the sound during the
evening hours (7 p.m. to 10 p.m.).
Decibel, (dB) A unit for measuring sound pressure level and is
equal to 10 times the logarithm to the base 10 of the
ratio of the measured sound pressure squared to a
reference pressure, which is 20 micropascals.
Time-Average Sound Level The sound level corresponding to a steady state
level containing the same total energy as a time
varying signal over a given sample period. TAV is
designed to average all of the loud and quiet sound
levels occurring over a time period.
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DEXTER WILSON ENGINEERING, INC.
WATER WASTEWATER RECYCLED WATER
CONSULTING ENGINEERS
-4422
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RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING AN AMENDMENT TO THE OTAY
RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING
AREA (SPA) PLAN, DESIGN PLAN, AND ASSOCIATED
REGULATORYDOCUMENTS;ANDAPPROVINGAN
AMENDMENTTOTHEOTAYRANCHFREEWAY
COMMERCIAL NORTH MASTER PRECISE PLAN
I.RECITALS
A.Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference,and for the purpose of
general description is located in the northern portion of Planning Area 12 of Otay Ranch; and
B.Project; Applications for Discretionary Approval
WHEREAS, on November 16, 2017, a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area Plan,
including Design Planand associated regulatory documents, and amendments to theOtay Ranch
Freeway Commercial North Master Precise Plan (MPA 17-0011) for the Freeway Commercial
North portion of Otay Ranch Planning Area 12 (PA-12); and
C.Planning Commission Record on Application
WHEREAS, the Development Services Director set the time and place for a hearing on
the project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertisedinthe Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the project,and the Minutes and Resolution resulting
therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 6-1-0-0recommending that the City
Council approvethe project; and
2019-06-18 Agenda PacketPage 1357 of 1481
Resolution No. 2019-
Page 2
D.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula
Vista for consideration of 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, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said project at the time and place as advertised in the Council Chambers, 276
Fourth Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby findand
determine as follows:
II.CERTIFICATION OF COMPLIANCE WITH CEQA
Thatthe Development Services Directorreviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch
Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -04)
(SCH #1989010154), and has determined that only minor technical changes or additions to this
document are necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-
04.
The City Council of the City of Chula Vista finds that, in the exercise of their
independent review and judgment, asset forth in the record of its proceedings,the Third
Addendum to FEIR-02-04 in the form presented, has been prepared in accordance with the
requirements of the California Environmental Quality Act and the Environmental Review
Procedures of the City of Chula Vista and has considered the Addendum to FEIR-02-04.
III.SPA FINDINGS/APPROVAL
A.THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND
THE CHULA VISTA GENERAL PLAN, AS AMENDED, AND ITS SEVERAL
ELEMENTS.
The proposed SPA Plan amendment implements the GP and GDP. The GP land use designation
isRetail Commercialand Mixed Use Residential. The proposed project is consistent with these
land use designations. It contains all the requisite land uses comprising Retail Commercial and
Mixed Use Residential: commercial hotels, mixed-use development, multi-family residential
housing, a public park and open space.
The current Otay Ranch GDPdesignation is Freeway Commercial and Mixed Use. The proposed
project is consistent with these land use designations.
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Resolution No. 2019-
Page 3
B.THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The subdivision design consists of three (3) multi-family residential lots, three (3) mixed-use
commercial –multi-family residential lots, two (2) hotel lots, two (2) open space lots, one (1)
public park, one (1) private street, and one (1) remainder parcel. The condominium subdivision
is planned to allow a maximum of 900 residential units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP)permits non-sequential
phasing by mandatingspecific facilities requirements for each phase to ensure that the new
Freeway Commercial SPA development in FC-2 is adequately served and City threshold
standards are met. Anticipated Freeway Commercial North phasing is as follows. Hotel 1 is
constructedand has been operating sinceApril, 2017. Residential West is under construction.
Pursuant tothe executed Otay Ranch Freeway Commercial SPA Development Agreement
recorded on June 17, 2015, and the amendment thereto, construction of Hotel 2 will commence
prior to issuance of the 651stresidential building permit for the Project. Construction of the
commercial component of the mixed use development will commence prior to or concurrently
with obtaining building permits and commencing construction of the residential development
located east of Town Center Drive. The Developer shall commence construction of the public
park prior to the issuance of the 530thresidential building permit and substantially complete the
park within 15 months of start of construction.
The proposed project furthers the policy objective for “Urban Villages”to have “higher densities
and mixed uses in the village cores,”“in transit focus areas”and to “provide a wide range of
residential housing opportunities” which promotes a blend offor-sale and for-rent housing
products and a range of densities integrated and compatible with other land uses in the area. The
proposed project will support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, withshopping and recreational uses conveniently
and centrally located and will minimize segregated and auto-dependent urban sprawl
development patterns.
C.THE OTAY RANCH FREEWAY COMMERCIALSPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within the project
site have been fully analyzed and will not adversely affect the circulation system and overall land
uses as previously envisioned in the Otay Ranch GDP and Otay Ranch Freeway Commercial
SPA Plan. The existing infrastructure (sewer, water, public services and facilities) has been
determined to be adequate to serve the proposedproject, as described in the Supplemental PFFP.
Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air
Quality and Global Climate Change Evaluation, Sewer Service Technical Reportand Water
Service Technical Reporthave been prepared, reviewed and approved by Citystaff. A Third
Addendum to FEIR 02-02has been prepared to analyze the Project’s impacts. No additional
environmental impactswere identified in the ThirdAddendumto FEIR 02-02.
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Resolution No. 2019-
Page 4
IV.MASTER PRECISE PLAN AMENDMENT FINDINGS
i.THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OFTHE
PARTICULAR CASE BE DETRIMENTAL TOTHE HEALTH SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY ORINJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The City Councilfinds that the proposed precise plan and development standards contained in
attached Exhibit C on file at the office of the CityClerk will not have a negative impact on the
surroundingneighborhood because the proposed standards are consistent with the Otay Ranch
GDPand Freeway Commercial SPA Plan. It allowsthe Applicant to design a project thatis
compatible with the type and intensity of existing development in thearea.The proposedproject
amendment allows a more intensive use of the previously approvedwalkable, mixed-use
development for Otay Ranch Freeway Commercial North. It fully maximizes theland use
potential of FC-2 within walking range of the Otay Ranch Bus Rapid Transit (BRT)stop,ensures
transit-supportive densities near the BRT line, and provides a more diverse mix of housing types.
ii.THAT SUCH PLAN SATISFIES THE PRINCIPLEFOR THE APPLICATIONOF
THE P MODIFYINGDISTRICT AS SET FORTH IN CVMC 19.56.041:
The City Council finds that application of the P modifying district is appropriate because the
underlying zoning is Planned Community District. This Master Precise Plan is required by the
Freeway Commercial SPA Plan (PC District Regulations), and provides the entitlement bridge
linking the approved policies and land use designations of the Freeway Commercial SPA/Design
Plan with subsequent project-level approvals within the project area. It serves as a framework
document by which future “Individual Precise Plans” will be evaluated for compliance with the
approved Master Precise Plan concepts that encompass streetscape and landscape design, signs,
and architectural and lighting guidelines.
iii.THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
As the underlying zoning is Planned Community District,the Precise Plan as amended will
provide higher development standards that will make the project more compatible with adjacent
commercial uses.
iv.THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY. (ORD. 3153 § 2 (EXH. A),
2010; ORD. 1632 § 2, 1975):
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Resolution No. 2019-
Page 5
The project has been designed and evaluated in accordance with the goals and objectivesof the
General Plan.The Precise Plan as described above will allow the project to beconsistent with the
goals and objectives of the General Plan and the Chula VistaMunicipal Code.
V.APPROVALOF SPA AND MASTER PRECISE PLAN AMENDMENT,
Unless otherwise specified,the Conditions of Approval and Code requirements setforth below
shall be completed prior to the issuance of Building Permits as determined by the Development
Services Director and the City Engineer, or designees, unless otherwise specified.
1.Prior to approval of any land development permits, the Applicant shall demonstrate that the
applicable Air Quality Improvement Plan (AQIP) project design features and measures
outlined in the Air Quality Improvement Plan pertaining to the design, construction and
operational phases of the project have been incorporated in the project design.
2.Prior to issuance of building permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water quality conservation measures of
the Water Conservation Plan of the SPA Plan.
3.All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Applicantas to any or all
of the property.
4.If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of Building Permits, deny, or
further condition the subsequent approvals that are derived from the approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions and/or seek
damages for their violation.
5.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, fromCity’s actions on (a)
the Third Addendum to FEIR-02-04,(b) the Mitigation Monitoring and Reporting Program
for the project, (c) the Otay Ranch Freeway Commercial SPA Plan (MPA17-0011), (d) any
and all entitlements issued by the City in connection with the project, and/or (e)City’s
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, 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 Resolutionwhere indicated below. 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.
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Resolution No. 2019-
Page 6
6. The Applicant shallcomply with all Conditions of Approval, guidelines, policies, and any
other applicable requirements of the following plans and programs, as amended from time to
time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of
Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula
Vista Design and Construction Standards; the Development Storm Water Manual for
Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance,
CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General
Plan; the City’s Growth Management Ordinance; Chula Vista Design Manual; Chula Vista
Landscape Manual; Chula Vista Landscape Water Conservation Ordinance; Chula Vista
Fire Facility Master Plan, and Fire Department Policies and Procedures; Otay Ranch
General Development Plan, Otay Ranch Resource Management Plan (RMP) Phase 1 and
Phase 2, including the Preserve Conveyance Schedule; City of Chula Vista Adopted Parks
and Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay Ranch
Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning Area (SPA,
PCM-17-0011) Plan and supporting appendices, including: Public Facilities Finance Plan
(PFFP)and Supplemental PFFP, Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Non-Renewable Energy Conservation Plan, and Water Conservation Plan (WCP),
as amended from time to time; and Tentative Subdivision Map (PCS-19-0001)for Otay
Ranch Planning Area 12 Freeway Commercial North. The Project shall comply with all
applicable mitigation measures specified in the ThirdAddendum to EIRMitigation
Monitoring and Reporting Program, as they relate to the Freeway CommercialSectional
Planning Area Plan and Tentative Map Environmental Impact Report to the satisfaction of
the Development Services Director.
7. The Applicantshall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishesa
requirement that the project provide (3) acres of local parks and related improvements per
1,000 residents. Local parks are comprised of community parks andneighborhood parks.
The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the project, or as amended from time to
time.
8. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Development Services and the City Engineer.
th
9. Prior to the issuanceof the 530residentialBuilding Permit, the Applicant shall complete
the Rezone of a 7.5 acre site in Village 7 for Community Purpose Facility (CPF), which
includes the required 3.24 acres for Freeway Commercial North, to the satisfaction of the
Development Services Director.
10.The Applicant may, at the discretion of the Development Services Director, enter into
supplemental agreement(s) with the City, prior to approval of each Final Map for any phase
or unit, whereby:
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Resolution No. 2019-
Page 7
a. The City withholdsBuilding Permits for any units within the project site in order to have
the project comply with the Growth Management Program; or, if any one of the following
occur:
i. Regional development threshold limits set by a Chula Vista transportation-phasing
plan, as amended from time to time, have been reached.
ii. Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
iii. The Project’s required public facilities, as identified in the PFFP, or as amended
or otherwise conditioned, have not been completed or constructed in accordance
with the project entitlements including the Development Agreement to the
satisfaction of the Development Services Director and the City Engineer. The
Applicantmay propose changes in the timing and sequencing of development and
the construction of improvements affected. In such case, the PFFP may be amended
after review and approval by the City’s Director of Development Services and the
City Engineer. The Developer agree(s) that the City may withhold Building Permits
for any of the phases of development identified in the PFFP for the project if the
project’s required public facilities, as identified in the PFFP or in accordance with
the Development Agreement are not meeting the City’s standard operating
thresholds. Public facilitiesshall include, but not be limited to, air quality, drainage,
sewer and water.
11.After final SPA approval, the Applicant shall submit electronic versions of all SPA
documents, including text and graphics, to the Development Services Department in a
format specified and acceptable to the Development Services Director.
12.The Applicant shall comply with the Fire Department’s codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply plan
prepared by a licensed engineering firm, which has been determined to be qualified in the
sole discretion of the Fire Marshall, shall be submitted for approval by the City of Chula
Vista Fire Marshall. The plan shall detail how and when the Applicant shall provide the
following items either prior to the issuance of Building Permit(s) for the project,or prior to
delivery of combustible materials on any construction site on the project, whichever occurs
earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the FireMarshall. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Locations and identification
of temporary street signs shall be subject to review and approval by the City Engineer and
Fire Marshall.
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Resolution No. 2019-
Page 8
VI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Government Code Section 66020(a) and failure to follow
timely this procedure will bar any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does not
apply to planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
VII.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document 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 returned to the City’s
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 the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
_______________________________________________
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VIII.CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, of if they are, by their terms, to be implemented and
maintained over time, and 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 future building permits, deny, revoke or further
condition all certificates of occupancy issued under the authority of approvals herein granted,
instituted and prosecute litigate or compel their compliance or seek damages for their violations. No
vested rights are gained by Applicant or successor in interest by the City approval of this
Resolution.
2019-06-18 Agenda PacketPage 1364 of 1481
Resolution No. 2019-
Page 9
IX.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
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 the Court of competent
jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, the
resolution shall be deemed to be revoked and no further in force or in effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Freeway
Commercial SPA Plan and Master Precise PlanAmendmentas shown in Exhibits B and C and
Attachment 7 on file in the office of the City Clerk.
Presented by:Approved as to form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1365 of 1481
Resolution No. 2019-
Page 10
EXHIBIT “A”
LOCATION MAP
2019-06-18 Agenda PacketPage 1366 of 1481
ORDINANCE NO. 2019-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTSTOTHEOTAYRANCHFREEWAY
COMMERCIALPLANNEDCOMMUNITYDISTRICT
REGULATIONS FORTHE NORTHERLY FC-2 PORTION
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for thepurpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch; and
WHEREAS, on November 16, 2017, a duly verified application was filed with the City
of Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan (MPA 17-0011), including the PlannedCommunity District Regulations; and
WHEREAS, the project is intended to ensure that the Otay Ranch Freeway Commercial
SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to
implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly
planning and long term phased development of the Otay Ranch GDP and to establish conditions,
which will enable Otay Ranch Freeway Commercial to exist in harmony within the community;
and
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -
04) (SCH #1989010154), and has determined that only minor technical changes or additions to
this document are necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-
04; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendmentsand notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to property owners within 500 feet
of the exterior boundaries of the Property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-1-0-0to recommend to the
City Council approval of the subject amendments; and
WHEREAS, the City Clerkset the time and place for ahearing on theproject, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries
of the property, at least 10 days prior to the hearing; and
2019-06-18 Agenda PacketPage 1367 of 1481
WHEREAS,a duly noticed public hearing was heldbefore the City Councilof the City
of Chula Vista to approve the project.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vistadoeshereby order
and ordain as follows:
I.PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the decision-
makers, shall comprise the entire record of the proceedings.
II.COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and consideredthe Third Addendum
to FEIR 02-04;
III.ACTION
The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial
SPA Planned Community District Regulationson file at the office of the City Clerk,finding that
they are consistent with the City of Chula Vista General Plan, theOtay Ranch GDPand all other
applicable plans; as setforth in Resolution MPA 17-0011adopting the Freeway CommercialSPA
PlanAmendment, and that the public necessity; convenience, general welfare andgood planning
and zoning practice support their approval and implementation.
IV.SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance,is for any reason
held to be, invalid, unenforceable or unconstitutional; by a courtof competent jurisdiction, that
portion shall be deemed severable, and suchinvalidity, unenforceability or unconstitutionality
shall not affect the validity orenforceability of the remaining portions of the Ordinance, or its
application to anyother person or circumstance. The City Council of the City of Chula Vista
herebydeclares that it would have adopted each section, sentence, clause or phrase ofthis
Ordinance, irrespective of the fact that any one or more other sections,sentences, clauses or
phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
V.CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement,not to duplicate
or contradict, applicable state and federal law and this Ordinanceshall be construed in light of that
intent.
VI.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from andafter its adoption.
2019-06-18 Agenda PacketPage 1368 of 1481
VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance andshall cause the same
to be published or posted according to law.
Presented by:Approved as to form by:
____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1369 of 1481
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
THE CITY OF CHULA VISTA,VILLAGE II TOWN CENTER,
LLC AND SUNRANCH CAPITAL PARTNERS, LLCFOR THE
FREEWAY COMMERCIAL NORTH PORTIONOF OTAY
RANCH PLANNING AREA 12
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 the Freeway
Commercial North (or FC-2) portion of Otay Ranch Planning Area 12(Property); and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan -Planning Area 12(“FEIR
02-04”) (SCH#1989010154). The Development Services Director has determined that only
minor technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation
of a subsequent document have occurred; therefore, the Development Service Director has
caused the preparationof aThirdAddendum to FEIR 02-04; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement Amendment 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 Propertyat least ten days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, andthe Planning Commission voted 6-1-0-0to recommend to
the City Council approval of the Development Agreement Amendment; and
WHEREAS, 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
Amendment.
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 and the Minutes and Resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision-makers, shall comprise the entire record of the
proceedings.
2019-06-18 Agenda PacketPage 1370 of 1481
Ordinance No. _______________
Page 2
II.COMPLIANCE WITHCEQA
The City Council hereby finds, based upon their independent review and judgement,that
the adoption of the Ordinance approving the Development Agreement Amendment for
the project, as described and analyzed in the Third Addendum to Final EIR 02-04, would
have no new effects that were not examined in said Final EIR.
III.CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed Development Agreement Amendmentis
consistent with the City’s General Plan and Otay Ranch General Development Plan, both
as amended. The Development Agreementand Development AgreementAmendment
implement the General Plan and the Otay Ranch General Development Planby providing
a comprehensive program to implement the Sectional Planning Area (SPA)Plan
Amendment and Tentative Map. The plans provide design incorporating a mixture of
land uses connected by a walkablesystem of public streets and pedestrian paths,
neighborhoodparks and plazas, retail opportunities, and commercial activities designed
to promote a safe pedestrian environment. The Freeway Commercial Northplan,
including the number of residential units,number of hotel rooms, park acreage, and
commercial mixed use area,is consistent with the General Plan and the Otay Ranch
General Development Plan, as amended.
IV.ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
Amendmentbetween the City of Chula Vista, Village II Town Center, LLC and
SunRanch Capital Partners, LLC for the Freeway Commercial North portion of Otay
Ranch Planning Area 12(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 General Development Plan.
V.SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability
or unconstitutionality shall not affect the validity or enforceability of the remaining
portions of the Ordinance, or its application to any other person or circumstance. The
City Council of the City of Chula Vista hereby declares that it would have adopted each
section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one
or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
2019-06-18 Agenda PacketPage 1371 of 1481
Ordinance No. _______________
Page 3
VI. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
VII.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VIII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be publishedor posted according to law.
Presented by:Approved as to form by:
___________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1372 of 1481
Attachment 3
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT FOR THE PROVISION OF COMMUNITY
PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE
TWO BETWEEN THE CITY OF CHULA VISTA AND OTAY
PROJECT, L.P
I.RECITALS
WHEREAS, an Agreement titled “AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO”
between the City of Chula Vista and Otay Project L.P., a California limited partnership (“OPLP”)
was executed on August 22, 2012 pursuant to County Recorder’s Office Document # 2012-
0722469 dated November 19, 2012; and
WHEREAS, the property which is the subject matter of this Resolutionis identified in the
Community Purpose Facility (CPF) agreement (CPF Agreement) attached hereto as Exhibit “A”
and is commonly known as Village Two of Otay Ranch and for the purpose of general description
herein consists of 775acres located south of Olympic Parkway, west of LaMedia Road and to the
east and west of HeritageRoad(Project Site); and
WHEREAS, the City of Chula Vista and Otay Project, L.P. would like to change the
provision of the Agreement regarding the trigger for the delivery of the CPFAcreagefrom a fixed
number of units to 75 percent of the total number of units to be constructed in Village 2; and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Supplemental Environmental Impact Report
(“FSEIR 12-01”) (SCH#2003091012). The Development Services Director has determined that
only minor technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of
a subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FSEIR 12-01; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Amendment to the CPF 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 Property at least ten days prior to the
hearing; and
2019-06-18 Agenda PacketPage 1373 of 1481
Resolution 2019-_______Page 2of 2
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-1-0-0 to recommend to the
City Council approval of the First Amendment to the CPF Agreement for Village Two; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Resolution to approve the First Amendment to the
CPF Agreement for Village Two.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds and determines as
follows:
II.COMPLIANCE WITH CEQA
The City Council hereby finds, based upon their independent review and judgement, that the
adoption of the Resolution approving the First Amendment to the CPF Agreement for Village Two,
as described and analyzed in the Third Addendum toFSEIR 12-01, would have no new effects that
were not examined in said Final Supplemental EIR.
III.CONSISTENCYWITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council finds that the proposed First Amendment to the CPF Agreement is consistent
with the City’s General Plan and Otay Ranch General Development Plan, both as amended.
IV.ACTION
The City Council hereby adopts a Resolution approving the Amendment to the CPF Agreement (a
copy of which is on file in the City Clerk’s office), finding it consistentwith the California
Government Code, adopted City policies, the General Plan, and the Otay Ranch General
Development Plan.
Presented by:Approved as to form by:
_________________________________________
Kelly Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
2019-06-18 Agenda PacketPage 1374 of 1481
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE SUBDIVISION MAP CVT 19-
0001FOR OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL NORTH
I.RECITALS
1.Project Site
WHEREAS, the parcel, that is the subject matter of this Resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose ofgeneral
description is located in the northern portion of Planning Area 12 ofOtay Ranch; and
2.Project; Applications for Discretionary Approval
WHEREAS, on January 9, 2019, a duly verified application for a Tentative Subdivision
Map (PCS-19-0001) was filed with the City of Chula Vista Development Services Departmentby
Baldwin & Sons(Applicant); to allocate the additional 300 units to R/MU land use district. The
Tentative Subdivision Map creates608 residentialcondominium units, 10 commercial lots and
1,049 parking condominium unitson 10.405 acres of land;and
3.Environmental Determination
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan-Planning Area 12(FEIR 02 -04) (SCH
#1989010154), and has determined that only minor technical changes or additions to this document
are necessary and that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Development Services Director has caused the preparationof a ThirdAddendum to FEIR 02-04;
and
4.Planning Commission Record on Application
WHEREAS, a public hearing time and place was set by the Planning Commission for said
Tentative Subdivision Map and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior
to the hearing; and
WHEREAS, a hearing at the time and place as advertised, was held before the Planning
Commission in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed;
and
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City Council Resolution No. 2019-
Page 2
WHEREAS, the Planning Commission reviewed and considered theTentative Subdivision
Map PCS-19-0001; and
WHEREAS, the Planning Commission,after considering all evidence and testimony
presented,by a vote of 6-1-0-0recommends that the City of Chula Vista City Council approve the
Tentative Subdivision Map CVT 19-0001for Otay Ranch Planning Area 12 Freeway Commercial
North in Conjunction with the PA-12 Sectional Planning Area (SPA)Plan Amendment; and
5.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Tentative Subdivision Mapand 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, the City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Tentative Subdivision Mapat 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 Council does hereby findand
determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the
elements of the City’s General Plan, based on the following:
1. Land Use
The General Plan (GP) land use designation isRetail Commercial and Mixed Use
Residential. The proposed project is consistent with these land use designation.
The current Otay Ranch General Development Plan(GDP) designation is Freeway
Commercial and Mixed Use. The proposed project is consistent with these land use
designation.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into twosubcategories: R/MU
(Residential/Mix-Use)and C/MU (Commercial/Mixed Use). Allneighborhoods, as
shown on the Tentative Subdivision Map, are consistent with these designations. In
total, this Tentative Subdivision Mapdepicts 608 residential units.
The subdivision design creates608 residential condominium units, 10 commercial lots
and 1,049 parking condominium units on two (2) lots, and one (1) private street. The
2019-06-18 Agenda PacketPage 1376 of 1481
City Council Resolution No. 2019-
Page 3
proposed project furthers the policy objective for “Urban Villages”to have “higher
densities and mixed uses in the village cores”and to "provide a wide range of
residential housing opportunities” which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area. The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
3.Circulation
All off-site public streets required to serve the subdivision already exist. The on-site
privatestreet isdesigned in accordance with the City design standards and/or
requirements and providesfor vehicular and pedestrian connections.
4.Economic Development
The proposed project results in an increase of 300residential units. There is aprovision
of a wider range of housingoptions and pricing for potential home-buyers and renters
in the current housing market. Byadding these units, increased patronage to the nearby
commercial and public/quasi-publicuses can be anticipated to contribute to greater
economic development withinPlanning Area 12and the City.
The Project allows for development of multi-family housing. The Project provides
homebuyers the opportunity topurchase homes with greater affordability, reduced
maintenance/utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation inhousing
opportunities available to Chula Vista residents, consistent with General Plan (GP)
Objective ED 2.The proposed project also fosters economic development benefits at
the communitylevel by providing for increased housing densities within the same
developmentfootprint. These increased densities allow for infrastructure and municipal
services tobe provided at reduced cost per capita (more people served by the same
municipalservices). Additionally, with increased housing (and population) within the
samedevelopment footprint, increased densities improve the viability of community
serving commercial and public/quasi-public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and midsized
industries and businesses and community serving and neighborhood uses,consistent
with GP Objectives ED 3 and ED 9.
5.Public Facilities
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. A Supplemental Public Facilities Financing Plan (PFFP)has been prepared to
analyze the demand generated by 300 new residential units for public services and
facilities, and the phasing needs created by the project.
Storm Water: Otay Ranch FC-2 project existing conditions and proposed drainage
improvements are identified in the “Otay Ranch Planning Area 12, Drainage Study,”
dated October 7, 2014, by Hunsaker & Associates. The Hunsaker Drainage Study
identifies the Pre-Development and Post-Development Conditions flow rates for 50-
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City Council Resolution No. 2019-
Page 4
year and 100-year storm events; the required size of the proposed storm drain facilities
needed to route the expected runoff through the developed site; and a capacity analysis
and recommendation for the existing storm drain capacity once the site is developed.
A Drainage Report and a Storm Water Quality Management Plan (SWQMP) were
prepared by SB&O Inc. on August 8, 2018 for the east portion of FC-2.
The current project storm water quality conditions and proposed water quality
improvements are identified in three reports. Each report focuses on a specific area
within FC-2 and includes:
The Hotel Site:Water Quality Technical Report (Major WQTR) for Otay Ranch
Village 12, PA-12 West Residential October 20, 2014by Hunsaker & Associates.
The Eastern Residential area: “A Drainage Report and a SWQMP”, August 8,
2018 by SB&O Inc.
The Western Residential area: Water Quality Technical Report (Major WQTR) for
Otay Ranch Village 12, PA-12 West Residential December 31, 2015by Hunsaker
& Associates.
The Hunsaker WQTR’s and SB&O SWQMPhave been prepared to implement the
methods and procedures as described in the City of Chula Vista Storm Water Manual
and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best Management
Practices (BMP)design. The treatment of the runoff from the project is addressed in
the WQTR. Theproposed design will utilize on-site Low Impact Development (LID),
BMPs and Bioretention Integrated Management Practices (IMP’s) Treatment Controls
to treat the 85th percentile flow from the development. The FC-2 project is under the
jurisdiction of the San Diego Regional Water Quality Control Board (SDRWQCB).
The FC-2 project is subject to the National Pollutant Discharge Elimination System
(NPDES) requirements both during and after construction. NPDES requirements stem
from the Federal Clean Water Act and are enforced either by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB) for
the region in which the project is located.
The City of Chula Vista BMP Design ManualMarch 2019 update to the December
2015Manual, addresses the onsite post-construction storm water requirements for
Standard Projects and Priority Development Projects (PDPs) and provides procedures
for planning, preliminary design, selection, and design of permanent storm water BMPs
based on the performance standards as required by the Municipal Storm Water Permit
for the San Diego Region \[Order No. R9-2013-0001 as amended by R9-2015-0001 and
R9-2015-0100\]. All development projects must comply with the requirements.
Wastewater: The project is consistent with Final Environmental Impact Report (FEIR)
Mitigation Measures 5.12-11 through 5.12-13, which require the Applicant to
demonstrate adequate capacity in the Poggi Canyon sewer line. The sewer technical
study (Dexter 2019) demonstrates that there is adequate sewer capacity in the existing
8-inch line that serves the site. The existing 8-inch gravity sewer line is adequate to
convey this projected total flow.
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City Council Resolution No. 2019-
Page 5
Potable Water Demand: As the subject matter of a GP and GDP amendment
(Resolution No.2015-114), the property was included in a water supply assessment,
which was approved for the project on April 1, 2015. It documentsthat there is an
assured long term supply of water for the project. This report estimated that the project
would require a supply of 233 AFY to meet thedemands of the project and concluded
that the Otay Water District (OWD)could meet these demands. After the 2015 WSAV
report was approved, OWD updated the water demand factors that are used to estimate
demands from future development. Due to the success of water conservation efforts in
the region and corresponding reductions to OWD water demand factors, the current
demand for the proposed Freeway Commercial project amendment is 217 AFY, or 16
AFY less than the project that was approved in 2015. This reduction in water demand
projections by OWD is consistent with what the San Diego County Water Authority
(SDCWA)reports region wide where their supply of water to the San Diego region was
less in 2016 than it was in 1990, despite an increase in the population and number of
residences.
6.Environmental Element
The proposed project has been reviewed in accordance with the requirements of the
CEQAand it was determined that the project was covered in the previously adopted
Final Environmental Impact Report for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan -Planning Area 12(FEIR 02-04)
(SCH#1989010154).A Water Quality Technical Report, Traffic Impact Study, Noise
Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service
Technical Memorandumand Water Service Technical Memorandumhave been
prepared, reviewed and approved by Citystaff. The Development Services Director
has determined that only minor technical changes or additions to this document are
necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Service Director has caused the preparationof a Third
Addendum to FEIR 02-04.
7.Growth Management
The proposed project willresult in 300 new dwelling units in Freeway Commercial
North. ASupplemental PFFP has been prepared which analyzes any potential impacts
onpublic facilitiesand services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with theCity's
Quality of Life Threshold Standards.
In response to a previous change in the FC-2 District portion of the project, an analysis
was prepared entitled Otay Ranch PA12 –Trip Generation Review –Revised by Chen-
Ryan Associates, dated 2015. This report was the basis of the First Addendum to the
EIR. The First Addendumconcluded that “the FC-2 site would generate approximately
7,506 daily trips, which is lower than the entitled land use trip generation of
approximately 12,145 daily trips for the FC-2 site. Since the proposed modified land
uses would generate less traffic than the entitled land uses, there areno additional
traffic impacts associated with the proposed modifications.”
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Page 6
When the land use changed from Commercial to Mixed-Use in the FC-2 portion of the
project, an analysis was prepared entitled “Otay Ranch PA 12 Trip Generation Review
–Revised” by Chen Ryan Associates, dated 2015. This report was the basis of the First
Addendum to the EIR. The First Addendumconcluded that the hotel and mixed-use
land uses would generate less daily and peak hour trips than the entitled Freeway
Commercial uses, there would be no significant traffic impacts associated with the land
use change and thus no additional traffic analysis would be required. The updated
Traffic Memorandum by Chen Ryan dated January 2019 concluded that with the
addition of 300 units, the project will still generate fewer trips than the original Freeway
Commercial uses would generate. According to the January 2019 memorandum (Chen
Ryan 2019), the FC-2 site would generate approximately 7,681 daily trips, which is
lower than the originally approved commercial land use trip generation of
approximately 12,145 daily trips for the FC-2 site. As analyzed in the traffic
memorandum, there is a reduction in PM peak hour trips (by 524 trips) and an increase
in AM peak hour trips (by 58 trips) but would not result in any new significant traffic
impacts during the Existing PlusProject or Horizon (Year 2030) conditions.
Theproject access isvia two driveways along Town Center Drive and one driveway
along Olympic Parkway, between Town Center Drive and Eastlake Parkway (right
in/rightout).The analysis indicates that both intersections of Town Center Drive /
Olympic Parkway and Town Center Drive / Town Center Loop would continue to
operate at acceptable LOS D or better with addition of the project traffic. All three
proposed project driveways would operate at acceptable LOS D or better under
Existing Plus Project conditions. The addition of project traffic would not result in any
traffic impact within the project study area. The analysis also indicates that the Year
2030 geometrics of the project are adequate to accommodate the projected Average
Daily Traffic (ADT).
The project site is within the boundaries of the Chula Vista Elementary SchoolDistrict
(CVESD)and within theSweetwater Union High School District (SUHSD).At
completion, the proposed project could generate approximately 463students. The
Applicantwill mitigate impacts on secondary and elementary school facilities through
participation in CVESD and SUHSD Community FacilityDistricts (CFDs).
8.Open Space and Conservation
The proposed project meets the minimum open space requirement in accordance with
the Freeway Commercial SPA Plan and Planned Community District Regulations. The
project generates ademand of 2.36 acres of park landfor the additional 300 units.
Pursuant to the Development Agreement between the Applicant and the City of Chula
Vista, this obligation will be met through the payment of a Park Benefit Fee as
described in the DevelopmentAgreement.
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The Otay Ranch Resource Management Plan (RMP) requires conveyance of 1.188
acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to
the recordation of any Final Map. In association with the original Final Map for this
Project, Map 16291, 40.761 acres were conveyed to the Otay Ranch Preserve Owner
Manager via recorded Open Space Easement Doc# 2018-0325995. Since the project
dedicated Multi-species Conservation Plan (MSCP) open space preserve lands prior to
recordation of the original Final Map, the project is consistent with the requirements of
the Otay Ranch RMP and MSCP Subarea Plan.
The proposed land form grading conforms to the City's Grading Ordinance and retains
regional and natural open space features. The development of the site is consistentwith
the goals and policies of the Conservation Element.
9.Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal meets those standards.
10.Noise
The project has been reviewed for compliance with the Noise Element and will comply
with applicable noise measures at the time of issuance of a Building Permit.
B.Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities and that the development of the
site will be subject to site plan and architectural review to insure the maximum utilization
of natural and passive heating and cooling opportunities.
C.Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City
Council hereby certifies that it has considered the effect of this approval on the housing
needs of the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
D.Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan designation Freeway Commercial (28-45 dwelling units per acre)
allows for a maximum of 608units/lots and the project proposes 3lots. The project is
within a SPA/Specific Plan area.
(b) design or improvement is consistent with applicable general and specific plans. The
Project’s design of 3 lots is consistent with the Freeway Commercial, (FC-2) zoning
classification which is consistent with the General Plan’s Freeway Commercial
designation.
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(c) site is suitable for the proposed density of development. The project’s 3 lots are below
the allowed density range of 27-45 dwelling units per acres with a maximumyield of 608
units/lots.
(d) site is physically suitable for the type of development. The project is surrounded by
multi-family and commercial development with available access and infrastructure to serve
the project.
(e) the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The project has been designed to minimize landform disturbance with cut
and fill slopes balance,and on a disturbed site thatavoids permanent disturbance or injury
to wildlife or their habitat.
(f) the design of the subdivision or type of improvements is not likely to cause serious
public health problems because the project has been designed to have plenty of separation
between homes, able to be served by fire and emergency services, and located over 500
feet from a major highway.
(g) subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
In this connection, 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. The project’s roadways and utilities are within and are not in
conflict with existing easements.
E.The site is physically suited for residential development because it is generally level and is
located adjacent to existing residential developments. The project conforms to all standards
established by the City for a residential development.
F.The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extent to the impact created by the
proposed development.
III. TENTATIVEMAP CONDITIONS OF APPROVAL
Unless otherwise specified or required by law,the conditions and Chula VistaMunicipal
Code (“CVMC” or “Municipal Code”) requirements setforth below shall be completed
prior to the related Final Map as determined by the DevelopmentServices Director and the
City Engineer, or their designees. Unless otherwise specified, “dedicate” means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant
shall berequired to provide subordination of any prior lien and easement holders in order
to ensure thatthe City has a first priority interest and rights in such land unless otherwise
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excused by the City.Where fee title is granted or dedicated to the City, said fee title shall
be free and clear of allencumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occurbetween these conditions of approvaland
any other entitlement document, any conflictshall be resolved by the City Manager or
designee.
1.The Applicant, or his/her successors in interest, shall develop and maintain the project site
in accordance with the approved plans, which include site plans, floor plans, and elevation
planson file in the Planning Division, the conditions contained herein, and Title 19.
2.The project shall comply with approved General Plan Amendment GPA-12-03,General
Development Plan Amendment PCM-12-15, Sectional Planning Area (SPA) Plan PCM
12-16, and Tentative Subdivision Map, Tract05-02and 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,Fire Protection Plan and
the City of Chula Vista Standard Tentative Map Conditions, as attached hereto, or on file
in the Development Services Department,and incorporated herein.
3.The Applicant shall pay in full any unpaid balance for the project, including Deposit
Account No. DDA0384.
4.The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the FinalEnvironmental
Impact Report (FEIR 02-04); Third Addendum to FEIR 02-04and associated Mitigation
Monitoring and Reporting Program (MMRP) for the project, within the timeframe
specified in the MMRP.
5.The Applicant shall submitCovenants, Conditions and Restrictions (CC&R’s)for review
and approval prior to approval of the Final Map. Said CC&R’s shallinclude the following:
a. Indemnification of City for private sewer spillage.
b. Listing of maintained private facilities.
c. The City’s right but not the obligation to enforce the CC&R’s
d. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligee have signed a written petition.
e. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
6.Said CC&R’s shall be consistent with CVMC Chapter 18.44, the Subdivision Ordinance,
and shall be recorded concurrently with the Final Map.
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7.The CC&R’s for each Homeowners Association (HOA)within the project shall contain a
provision that provides all new residents with an overflight disclosure document that
discloses the following information during any real estate transaction or prior to lease
signing, as required by the Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason,the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
or lease and determine whether they are acceptable to you.
A copy of the abovedisclosure document shall be recorded with the San Diego County
Recorder’s Office and a conformed copy submitted to the City of Chula Vista as part of
project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase or
lease of a home.
8.The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential/commercial or multi-family residential uses. Ownership of individual
parking condominium units must be in compliance with the parking requirements of the
PC District Regulations of the Otay Ranch Freeway Commercial Sectional Planning Area
Plan (PC District Regulations). Residential or Commercial condominium units must at all
times be in compliance with the parking requirements of the PC District Regulations
through direct ownership of the parking condominium units required or legal rights to use
the required parking condominium units such as through a recorded shared parking
agreementapproved by the DevelopmentServices Director.
9.The Applicant shall construct public facilities in compliance with the Otay Ranch Freeway
Commercial SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the Applicant’s request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
10.Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in theform of a letter from the OtayWater District that the subdivision will be
provided adequate water service and long-term water storage facilities.
11.Prior to approval of anyFinal 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
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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.
12.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.
Grading:
13.Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping
and maintenance access adjacent to the wall.
14.Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation plans to the
satisfaction of the Development Services Director.
15.Prior to issuance of any Grading Permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the Development Services Director and the City Engineer.
16.Prior to the issuance of any Construction or Grading Permit which impacts offsite property,
the Applicant shall deliver to the Development Services Directorand City Engineer, a
notarized letter of permission to construct or grade and drain for all off-site grading.
17.Prior to issuance of any Grading or Construction Permit based on plans proposing the
creation of down slopes adjacent to public or private streets, the Applicant shall obtain the
City Engineer’s approval of a study todetermine the necessity of providing guardrail
improvements at those locations. The Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated Construction Permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be installed
per CalTrans Traffic Manual and Roadside Design Guide requirements and American
Association of State Highway and Transportation Officials (AASHTO) standards to the
satisfaction of the City Engineer.
18.The Applicant shall ensure that all private lot drainage and slopes comply with the current
Building Code used by the City of Chula Vista
Sewer:
19. All gravity sewers shall be designed to convey peak wet weather flow. For pipes with a
diameter of 12 inches and smaller, the sewers will be designed to convey this flow when
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flowing half full. All new sewers shall be designed to maintain a minimum velocity of two
feet per second (fps) at design capacity to prevent the deposition of solids.
20. Prior to each Final Map the Applicantshall either demonstrate that Poggi Sewer has
adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director
of Development Services and the City Engineer.
21. Upon Tentative Mapapproval, or as required by the Development Services Director, the
Applicant shall fund updates of the Poggi Canyon Sewer Development Impact fee (DIF)
to include the project’s proposed additional units. Further, the Applicantshall agree not to
protest the update of the Poggi Canyon Sewer DIF.
Parks:
22.The Applicant shall pay a Park Benefit Fee (which is equal to the City’s PAD fee at the
time of payment) to the City for all additional 300 residential units constructed in FC-2 in
accordance with the “First Amendment to the Development Agreement between the City
of Chula Vista, Village II Town Center, LLC and Sunranch Capital Partners, LLC.”Park
Benefit Fees may be utilized by the City to acquire or develop parkland serving the City’s
eastern territories.
Traffic:
23.The Applicant shall comply with all the requirements of the “Otay Ranch Freeway
Commercial North Traffic Analysis”by ChenRyan,datedApril 2019.
24.Prior to the issuance of the first Building Permit for the East Mixed-Use, a signal at Town
Center Drive and Promenade St. shall be constructed as shown as #4 in Table C.2.
25.Prior to the issuance of the first Building Permit, the street improvementsalong Town
Center Drive,in accordance with Drawing No. 16039shall be completedto the satisfaction
of the City Engineer and Director of Development Services.
The following on-going conditions shall apply to the project site as long as it relies onthis
approval:
1.Approval of this request shall not waive compliance with anysections of the Chula Vista
Municipal Codenor any other applicable City Ordinances in effect at the time of building
permit issuance.
2.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval of
this Tentative Map, (b) City’s actions on any environmental document concerning this
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Tentative Mapand (c) City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the project
site. The Property Owner and Applicant shall acknowledge theiragreement to this
provision by executing a copy of this Resolutionwhere indicated below. 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.
3.All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Applicantas to
any or all of the property.
4.The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning Area
(SPA) Plan and supporting documents including: Public Facilities Finance Plan and
supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
5.If any of the terms, covenants or conditions contained herein shall fail to occur or ifthey
are, by their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions; and/or seek damages for their violation. The applicant shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City.
6.The applicant shall comply with all applicable Freeway CommercialSPA conditions of
approval, (MPA19-0011)as may be amended from time to time.
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 protest must be in a manner that complies with Government Code Section 66020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
set aside, void or annual imposition. The right to protest the fees, dedications, reservations,
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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 otherexactions 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.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document 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 returned
to the City’s 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 the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
__________________________________________ _____
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VI.CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the City of Chula Vista
Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance.
VII.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the event
that 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 deemed
to be automatically revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED,that the City Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein,hereby approve Tentative
Subdivision Map CVT-19-0001for Otay Ranch Planning Area 12 Freeway Commercial North in
conjunction with the PA-12 SPAPlan Amendment.
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Presented by:Approved as to form by:
_______________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCityAttorney
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RESOLUTION __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGADESIGN REVIEW PERMIT
DR17-0037TO CONSTRUCT A MIXED-USE PROJECT
CONSISTING OF A 578-UNIT APARTMENT COMPLEX,
15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED
PARKING STRUCTURESON TWO LOTS CONSISTING OF
10.4 ACRESLOCATED IN THE OTAY RANCHFREEWAY
COMMERCIALNORTH, NEIGHBORHOOD PA-12
I.RECITALS
WHEREAS, on November 6, 2017, a duly verified application for a Design
Review Permit was filed with the City of Chula Vista Development Services Department
by Baldwin & Sons, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a mixed-use project consisting of 578 residential apartments, 15,000
square feet of retail uses, two integrated parking structures on two lots consisting of 10.4
acres(Project); and
WHEREAS, the Design Review application implements the Freeway Commercial
North SPA Plan Design Guidelines and Master Precise Plan; and
WHEREAS, staff recommends that, based upon the findings made, the City
Council approve the Design Review application DR17-0037; and
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the Project was adequately covered in previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan -Planning Area 12(FEIR 02-04) (SCH#1989010154). The
Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has caused the
preparationof a Third Addendum to FEIR 02-04; and
WHEREAS, the City Clerk set the time and place for the hearing on the Design
Reviewrequestand notices of said hearing, together with its purposes given by its
publication in a newspaper of general circulation in the City, and its mailings to property
ownerswithin 500 feet of the exterior boundaries of the project siteat least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and notified public hearing on the Design Review
was heard before the City Council in the City CouncilChambers in City Hall, 276 Fourth
Avenue.
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Resolution No. ______
Page 2
II.DESIGN REVIEW FINDINGS/APPROVAL
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of
ChulaVista that it hereby makes the following findings:
1.That the proposed project is consistent with thedevelopment regulations of the
Freeway Commercial NorthSectional Planning Area (SPA) Plan and Planned
Community (PC) District Regulations.
Neighborhood R/MUis designated Residential Multi-Family/Mixed-Use(R/MU) in
the PC District regulations of the Freeway Commercial NorthSPA Plan. The
proposed multi-family and retail mixed-use is permitted and meets all of the
development regulations as stipulated in the Otay Ranch Freeway Commercial North
PC District Regulations as conditioned.
The allowable density on the site is a total of 608units. The Applicant is proposing to
build a total of 578unitsin two separate buildings. Each building includes interior
parkingin addition to guest parking. The project requires 444parking spaces, and
provides 497 spaceswithin building A; and 572 required with 597 provided in
building B. The maximum allowable building height is 85feet and the project
proposes 58-feet for the majority with 84 feet at the highest point for the project
features (i.e. towers). The lot area, floor area ratio, and setback requirements are
subject to Design Review (DR).
The site was intended for a mixed-use within a larger commercialserving a regional
market as well as providing residential homes in close proximity. The commercial
retail use, as proposed, will serve a local market demand, in addition to the demand of
visitors to the Chula Vista area.
2. That the proposed project is consistent with the design and development
standards of the Freeway Commercial NorthSPA Design Planand Master
Precise Plan.
The Project is in compliance with the Multi-Family/Mixed UseFreeway Commercial
North SPA Design Plan, and is consistent with the SPA density requirements.
Enhanced architectural details are proposed along the street elevations and the layout
of the site. Outdoor recreational areas for the residentsand a plaza area areprovided
in front of the retail shopswhich provides for a pedestrian oriented design in
accordance with the Otay Ranch Freeway Commercial North SPA Plan.A total of
1,016 parking spaces are required. The project proposes 1,065 spaces. The total
building height is five stories, 58-feet. The lot coverage and setback requirement are
subject to Design Review (DR).
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III.CONDITIONS OF APPROVAL
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee, prior to issuance of Building Permits, unless otherwise specified:
Development Planning Division
1.The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19.
2.Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DDA-0092.
3.The colors and materials specified on the building plans must be consistent with the
colors and materials shown on the site plan and materials board approved by the City
Council.
4.A graffiti resistant treatment shall be specified for all first floor wall and building
surfaces. This shall be noted for any building and wall plans and shall be reviewed and
approved prior to the issuance of Building Permits. Additionally, the Project shall
conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding
graffiti control.
5.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. Such screening shall be architecturally integrated with the
building design.
6.All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping.
7.All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans.
8.The Applicant shall provide a bus stop along Olympic Parkway in accordance with the
Metropolitan Transit System requirement.
Land Development Division/Landscape Architecture Division
The following shall be accomplished to the satisfaction of the City Engineer or designee,
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Page 4
prior to issuance of Grading or Building Permits, unless otherwise specified:
9.The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the project.
Sewer Connection and Capacity Fee
Traffic Signal Fee
Public Facilities Development Impact Fees(PFDIF)
10.The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the Project, or as amended from time to
time.
11.All driveways shall conform to the City of Chula Vista’s sight distance requirements in
accordance with Section 12.12.130 of the CVMC.Also, landscaping, street furniture, or
signs shall not obstruct the visibility of a driver at the street intersections or driveways.
12.The Applicant shall provide a circulation analysis demonstrating:
a. Solid Waste Truck Movements.
b. How cars can turn around when pulling out from the garage.
c. Location of visitor parking.
13.The driveway within the complex shall be designated as private.
14.On May 2013, the California Regional Water Quality Control Board for the San Diego
Region reissued (SDRWQCB) a municipal storm water, National Pollutant Discharge
Elimination System (NPDES) permit (Municipal Separate Storm Sewer Systems Order No.
R9-2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 \[MS4 Permit\])
that covered its region.
15.The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista
Best Management Practices (BMP)Design Manual, April 2019and as amended (BMP
Design Manual) for both construction and post-construction phases of the Project. Prior to
Planning approval, documentation shall be provided, to the satisfaction of the City Engineer,
to demonstrate such compliance. The BMP Design Manual is available on the City of Chula
Vista website at: http://www.chulavistaca.gov/departments/public-works/services/storm-
water-pollution-prevention/documents-and-reports.
16.The Applicant is required to complete and submit the Storm Water Requirements
Applicability Checklist for All Permit Applications with any Planning Application request.
17.The following referenced forms shall be completed, signed by the owner, submitted to and
approved by Land Development Division. A Form can be found at the following link:
http://www.chulavistaca.gov/home/showdocument?id=12085
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-“Storm Water Quality Management Plan, SWQMP for Standard Projects”
-“Construction Storm Water Pollution Control Plan CSWPCP, for standard Project”
18.Prior to the approval of the grading plans, the Applicant shall execute a Storm Water
Facilities Maintenance Agreement with Grant of Access and Covenants with the City for the
proposed BMPs for the site.
19.Prior to obtaining any Building Permit for the Project, or approval of the Final Map
(whichever occurs first), if the Project’s total on-site improvements exceed Engineering
Threshold of (currently: $57,653.00), per CVMC, Section 12.24.020, then the Applicant shall
be required to obtain a Construction Permit from the Land Development Section of the
Department of Development Services. (The On-Site Improvements Trigger for Installation of
Public Improvements is adjusted on an annual basis on July 1 based on the Engineer
Construction Cost Index, See Attachment). A Construction Permit is required to perform the
following work in the City’s right-of-way, which may include, but is not limited to: (For
Commercial, Industrial and Multifamily Residential, the following applies: 1. Limits the cost
of reconstructing existing street improvements to meet current standards to 25%of the
building permit valuation. 2. Requires Americans with Disabilities Act (ADA) pedestrian
improvements in the right of way, if any are lacking or substandard. The required ADA
improvements would be limited to 20% of the building permit valuation.)
a.Installation of a driveway(s) meeting design standards as shown in Chula Vista
standard detail CVCS-1B. Dedication of R/W as needed in order for driveway to
comply with American Disability Act (ADA) requirements.
b.Utilities Trenching and Restoration shall be installed in accordance with CVCS-3 & 4
20.Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
21.The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
22.The Applicant shall clearly show the existing and proposed sanitary sewer lines and how the
site will connect to the City’s public sewage system. No sewer lines will be allowed to be
located under existing or proposed buildings. The Applicant shall indicate whether sewer
lines are private or public.
23.Sewer lateral and storm drain connections to existingpublic 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.
24.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.
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25.All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed
to meet the City of Chula Vista Design Standards, American Disability Act (ADA)
Standards, and Title 24 standards, as applicable.
26.Any private facilities (if applicable) within Public right-of-way or City easement will require
an Encroachment Permit prior to improvement plan or Building Permit approval.
27.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 Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be under
grounded prior to the issuance of Building Permits.
28.The Applicant shall submit full landscape and irrigation plans for review and approval by
the City’s Landscape Architect.
The following shall be accomplished to the satisfaction of the City Fire Marshall or
designee, prior to issuance of Grading or Building Permits, unless otherwise specified:
Fire Department
29.The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential
Code as adopted and amended by the State of California and the City of Chula Vista.
30.For 313,019 square feet of Type VA/IA construction, this project will require a fire flow
of 5,880 gallons per minute for a 4-hour duration at 20 p.s.i.
31.Based upon the required fire flow for Type VA/IA construction type, a minimum of8 fire
hydrants are required to serve this Project.
32.Where a portion of the building is more than400feet from a fire hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
building, on site fire hydrants and mains shall be provided.
33.Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
34.A fire service study shall be performed that includes a hydraulic waterflow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
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35.Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
36.Buildings shall be provided with Knox appliances. Provide in accordance with Multi-
tenantstandard detail (one required at each business suite).
Provide a Knox Vault at the main entrance to the building
Provide a Knox Box at the Fire control Room
37.The building(s) shall be addressed in accordance with the following criteria:
0 –50ft from the building to the face of the curb = 6-inches in height with a 1-inch
stroke
51 –150ft from the building to the face of the curb = 10-inches in height with a 1
½ -inch stroke
151ft from the building to the face of the curb = 16-inches in height with a 2-inch
stroke
38.This Project is to be protected throughout by an approved automatic fire sprinkler system.
39.This Project is to be protected throughout by an approved fire alarm system
IV.The following on-going conditions shall apply to the project site as long as it relies on
thisapproval:
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 Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission members,
officers, employees and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and attorney’s fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City’s actions on any environmental document concerning this Project, (b) approval
of this Design Reviewand (c) City’s approval or issuance of any other permit or
action, whether discretionary or non-discretionary, 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 below. 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.
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3.All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the
Applicantas to any or all of the property.
4.The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance; Chula Vista
Landscape Manual;Chula Vista Landscape Water Conservation Ordinance; Chula
VistaDesign 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.If any of the terms, covenants or conditions contained herein shall fail to occur or if
they are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revokeor modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions; and/or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN
that the 90 day period to protest the imposition of any impact fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date
of this resolution and any such protest must be in a manner that complies with
Government Code Section 66020(a) and failure to follow timely this procedure will
bar any subsequent legal action to attack, set aside, void or annual imposition. The
right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees
in connection with the project; and it does not apply to any fees, dedication,
reservations, or otherexactions 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.
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
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Resolution No. ______
Page 9
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 signed and returned to the City’s
Development Services Department.
_______________________________________________________
Signature of Property OwnerDate
Freeway Commercial North, MUR
______________________________
Printed Name of Property Owner
_______________________________________________________
Signature of ApplicantDate
________________________________
Printed Name of Applicant
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Failure to satisfy the conditions of this permit may also result in the imposition of civil
or criminal penalties.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Councilthat 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 deemed to be automatically
revoked and of no further force and effect.
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Resolution No. ______
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BE IT FURTHER RESOLVED that the City Council, based on the above
findings and the evidence presented, hereby approvesthe subject Design Review Permit,
DR17-0037.
Presented by:Approved as to form by:
_____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development ServicesDirectorCity Attorney
2019-06-18 Agenda PacketPage 1399 of 1481
PROJECTDESCRIPTION:
PROJECT
LOCATOR
Baldwin&Sons
APPLICANT:
FreewayCommercial
PROJECT
ADDRESS:
OlympicPkwy&TownCenterDr.
SCALE:
FILENUMBER:
MPA17-0012
NoScale
NORTH
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