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HomeMy WebLinkAboutPlanning Comm Rpts./1996/05/01 (3) RESOLUTION PCM 95-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF THE OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, WIDCH INCLUDES THE OVERAlL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON- RENEW ABLE ENERGY CONSERVATION PLAN, RANCH- WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL RECONNAISSANCE REPORT WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"), and; WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately 1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 ("Project"). The area west ofPaseo Rancho has been excluded ITom this SPA One Plan due to the difficulty in rnaster-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west of Pas eo Ranchero, needs further analysis, and; WHEREAS, a General Development Plan (GDP) amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master -planned as a unit, and; WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista on May 14, 1996, to allow the processing of this SPA without the area west of Pas eo Ranchero, and; WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on May 14, 1996, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Cbiunbers, 276 Fourth Avenue, before the Planning 00 Planning Commission Sectional Planning Area One Page 2 Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere ofInfluence Update EIR 94-03 was certified by the Chula Vista City Council on March 21,1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby adopts Final Second-Tier Environmental Impact Report EIR 95-01 and Addendum. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. pcm95 _ Ol.doc ~I Planning Commission Sectional Planning Area One Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this May 1,1996 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: William C. Tuchscher n Chairman Nancy Ripley, Secretary Attachment: Draft City Council Resolution pcm95 _ OJ.doc ~?, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN (pCM 95-01), WHICH INCLUDES THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON-RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL RECONNAISSANCE REPORT WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City ofChula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"), and; WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately 1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125 ('Project'). The area west of Pas eo Rancho has been excluded from this SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and; WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as a unit, and; WHEREAS, a GDP amendment was approved by the City Council of the City ofChula Vista on May 14, 1996, to allow SPA One to be processed without the area west ofPaseoRanchero, and; WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on May 14, 1996, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its rnai1ing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chiunbers, 276 Fourth Avenue, before the Planning ~ -- fj? Resolution No. Page 2 Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere ofInfluence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts this resolution approving the Project The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project, and; WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the SPA One, which includes the Overall Design Plan, Village Design Plan, Public Facilities Financing Plan and supporting documents, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan and supporting plans, Non-Renewable Energy Conservation Plan, Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Geotechnical Reconnaissance Report. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 10, 1996, Apri124, 1996 and May 1, pcm95_0l.doc ~t Resolution No. Page 3 1996 and the minutes and resolutions resulting therefTom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City ofChu1a Vista. III. CONDITIONS OF APPROVAL The City Council does hereby approve SPA One and associated documents subject to the following attached conditions (Attachment D). IV CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan and Public Facilities Financing Plan contain provisions and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan specifies the public facilities required by Otay Ranch, and also the regional facilities needed to serve it. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCUT~ATION OR ENVIRONMENTAL QUALITY. pcm95_01.doc ~5 Resolution No. Page 4 The land uses within Otay Ranch are designed with a grade-separated open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One, four neighborhood parks will be located within the SPA One area to serve the project residerits, and the project will provide a wide range of housing types for all economic levels. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. v. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Attachment "A" of this Resolution known as document number ---' a copy of which is on file in the office of the City Clerk. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number ---' a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and binds itself and the Applicant and its successors in interest, to implement those measures. C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number ---' a copy of which is on file in the office of the City Clerk, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible. D. Infeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings ofF act, Section XI, for this project, which is Attachment "A" to this Resolution known pcm95_01.doc f;b Resolution No. Page 5 as document number ---' a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 and Addendum were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "B" of this Resolution known as document number ---' a copy of which is on file in the office ofthe City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties and the successors in interest implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program. F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Attachment "C", known as document number ---' a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. VI. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. VII. ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full. pcm95_0J.doc ~~ Resolution No. Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this May 14, 1996, by the following vote: . YES: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 14th day of May, 1996. Executed this 14th day of May, 1996. Beverly A. Authelet, City Clerk Attachments: Attachment A: Findings of Fact Attachment B: Mitigation Monitoring and Reporting Program Attachment C: Statement of Overriding Considerations Attachment D: Conditions of Approval pcm95_0J.doc ., ~~ ADDENDUM TO THE DRAFT SECOND-TIER ENVIRONMENTAL IMPACT REPORT for the OT A Y RANCH SECTIONAL PLANNING AREA ONE PLAN REGARDING THE DETACHMENT OF THE OT A Y LANDFILL SCH #94101046 MARCH 27, 1996 Prepared by: City of Chula Vista 315 Fourth Avenue, Suite A Chula Vista, California 91910 DESCRIPTION OF PROPOSED PROJECT COMPONENT As described in Section 2.0 of the Draft and Recirculated Second-Tier Environmental Impact Report ("EIR") for the Otay Ranch Sectional Planning Area One ("SPA One"), the proposed project refines and implements the land plans, goals, objectives and policies of the Otay Ranch General Development Plan ("GDP") as adopted by the City of Chula Vista in October 1993. In particular, the SPA One Plan implements the GDP for Villages One and Five. including annexation into the City of Chula Vista of certain parcels currently within the land use jurisdiction of the County of San Diego. As a result of ongoing negotiations between the City of Chula Vista and the County of San Diego an additional non-impacting component of the project was defined. The additional component subject to this analysis is the detachment of the site of the Otay Landfill complex from the City of Chula Vista. After detachment. the area of the landfill would be within the unincorporated area of San Diego County. DESCRIPTION OF AREA TO BE DETACHED The area to be detached is a 250.59 acre parcel known as the "Otay Landfil1" in the City of Chula Vista, consisting of Assessor's Parcel Numbers: APN 644-010-06, 644-010-07, 644-020-03.644- 020-04. (See Figure 1.) The Otay Landfill is located about six miles downstream from the Lower Otay Reservoir and three miles east of San Diego Bay, about onc-third of a mile north of the intersection of Otay Valley and Maxwell Roads. The proposed detachment area is located in the southeastern sector of the City ofChula Vista and abuts the existing City/County boundary on the easterly side These 4 parcels comprising the landfill are currently owned by the County of San Diego and are the site of an existing permitted landfill. Other than the County. no other parties own property within the area to be detached. The western half of the detachment area is currently designated for Open Space land uses with no potential for development by the City of Chula Vista General Plan. Impacts associated with annexation of the eastern portion of the landfill, which is not currently within the City boundary. are analyzed in the SPA One ElR. The San Diego County General Plan land use designation for the eastern portion of the detachment area is "(19) intensive agriculture." Under the present County land use designation for the site, landfills are a permitted use where a major use permit is granted. In the present case, the landfill operates under County Major Use Permit number P76- 46. USE OF AREA TO BE DETACHED Existiol!: Although the Otay Landfill is currently within the incorporated boundaries of the City of Chula Vista, the landfill is owned and operated by the County of San Diego through the Department of Public Works. The landfill complex actually consists of two separately permitted facilities: the original Otay Landfill (Old Otay Landfill) and the Otay Annex Landfill (Otay Annex). The Otay Landfill complex is a permitted Class III facility as defined by Title 23 of the California Code of Regulations. Landfill disposal operations at the Old Otay Landfill began in 1963, and continued until 1980. The Old Otay Landfill also contains a Class I area which stopped accepting hazardous waste in 1980. The Old Otay Landfill, although not currently accepting waste, is maintained and monitored regularly to ensure compliance with the rules and regulations required for closure of the facility. Active waste disposal continues at the adjacent Otay Annex Landfill. The Otay Landfill complex is currently permitted for a maximum elevation of 460 feet above mean sea level, or a maximum total capacity of 6.4 million cubic yards of waste. To date, about 4.6 million cubic yards of this capacity have been expended, leaving up to 1.8 million cubic yards of capacity for future disposal. Existing on-site facilities include an access road, fee booth/entrance facility, methane recovery/power generation plant, recycling/buyback center, temporary hazardous waste storage area and the Applied Technologies II, Inc. ("Apptech") facility. The methane plant and the Apptech facility have additional permits separate from the Otay Landfill complcx issued by appropriate local, State and Federal agencies. Apptech and the methane plant would continue to operate under County jurisdiction as approved by City-issued Conditional Use permits and other local, State and Federal permits. Access to the Otay Landfill complex is through existing public streets and roadways in the City of Chula Vista. These access routes would continue after detachment and no new or additional routes are necessary or planned. Future County Actions Future facilities and improvements currently identified by the County for the Otay Landfill complex include a landfill gas flare station, an upgraded landfill entrance facility, an upgraded temporary hazardous waste storage area, and a recycling center. Though identified as future actions in County planning documents and programs for the Otay Landfill complex, none of these improvements are contemplated in the current detachment proposal, nor is the proposed detachment a necessary precursor for such improvements. Existing County ownership of the landfill site and operation of the landfill are sufficient to permit the County to consider such improvements when necessary. At the time when any improvements are considered by the County, such actions would require compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, 9 21000 et seq.) and implementation of the County's standard public works project review and permitting processes. In most instances, other state or federal agencies will also be involved in the permitting process. When the remaining capacity of 1.8 million cubic yards is fully utiliied, the Otay Landfill complex will be closed in accordance with State and Federal regulations. Under current rates of 2 disposal. the closure is projected to occur during the period 1999-2000. The post-closure use that is currently planned for the site will be non-irrigated open space. REGULATION OF AREA TO BE DETACHED The siting, operation, and closure of landfills is subject to a complex and sophisticated series of regulatory approvals by the State of California through its agencies and designees. and local governments. Currently, the Otay Landfill complex is regulated and permitted by the California Integrated Waste Management Board ("CIWMB"), Regional Water Quality Control Board - San Diego Region ("RWQCB"), the San Diego County Department of Health Services. Environmental Health Services, the San Diego County Air Pollution Control District, and the San Diego County Department of Public Works. Any changes to the location. operation. or closure of the landfill must be approved by some or all of the these agencies. The agencies with current permitting and other approval jurisdiction over thc landfill are summarized in Table I, and briefly described below. The Otay Landfill complex operates within thc framework provided by thc San Dicgo County General Plan and the San Diego County Solid Wastc Management Plan ("CoSWMP"). The Otay Landfill complex accepts non-hazardous solid and inert wastes as a Class III landfill consistent with Title 23, Chapter 15 of the California Code of Regulations. The landfill is consistent with the federal Resource Conservation and Recovery Act requirements contained in amended subtitle D, 40 CFR part 257 & 258, for landfilling of solid waste. including location restrictions. operating criteria, design criteria, groundwater monitoring and corrective action. The agencies primarily responsible for permitting operations at the landfill are the CIWMB and RWQCB. The facility currently operates under ClWMB Solid Waste Facilities Permit ("SWFP") Number 37-AA-OO-09. The County of San Diego Department of Health, Environmental Services. is the Local Enforcement Agency ("LEA") for the CIWMB. The primary CIWMB regulations that must be enforced by the LEA are set forth in California Code of Regulations, title 14. chapter 3, Minimum Standards for Solid Waste Handling and Disposal. Article 7 of these regulations require disposal site operators to submit to the LEA a SWFP application, a Report of Disposal Site Information ("RDSI"), and Periodic Site Review ("PSR") for new and expanded sites. or at S-year intervals for permitted sites. The RDSI and PSR provide information regarding leachate and gas migration control, and site operating procedures. The current waste discharge requirements ("WDRs") for the facility were established in 1974, by the RWQCB. San Diego Region, by Order Number 74-44. In November 1984, State Water Resources Control Board ("SWRCB") regulations governing the discharge of wastes to land were amended by California Code of Regulations, Title 23, Chapter 3, Subchapter 15. These amendments are commonly referred to as "revised Subchapter 15". Current landfill operations are consistent with these amendments. 3 The San Diego County Air Pollution Control District ("SDCAPCD") is responsible for monitoring air quality, permitting major stationary sources of air pollutants. and implementing emission reduction rules. SDCAPCD requires an Authority to Construct and Permit to Operate to assure that landfill gas control and other emissions meet National and California Ambient Air Quality Standards. CEQA REQUIREMENTS The State of California requires that all public agencies within the State. including local governments, implement the California Environmental Quality Act ("CEQA")(Pub. Resources Code, 9 21 000 el seq.). CEQA requires that public agencies evaluate projects and proposals for their effects on the environment, avoid environmental impacts wherever possible. and inform decision makers and the public of any environmental effects and methods to avoid or reduce such impacts (See, e.!.!., CEQA Guidelines. ~ 15002). 1 In implementing CEQA. the State contemplates that public agencies will undertake a three-step process for the evaluation of any given proposal or project: . In the first step, the public agency examines the proposed activity to determine if the project is subject to CEQA at all. If the project is exempt. the process does not need to proceed any farther. The agency may prepare a Notice of Exemption. . If the project is not exempt, the agency takes the second step and prepares a document known as an Initial Study to determine if the project may have any significant effects on the environment. If the Initial Study shows that the project will not have a significant environment effect, the agency prepares a Negative Declaration. . If the Initial Study indicates that the project may have a significant effect, the agency takes the third step and prepares an ElR. In completing the first step of the above process, the agency must determine whether a particular activity is exempt from CEQA, meaning that CEQA does not apply to the activity under consideration. (CEQA Guidelines, gIS061.) Possible exemptions to CEQA include: . The activity under consideration is not a project as defined by CEQA; . The project has been granted an exemption from CEQA by the state legislature by statute (statutory exemption) or by administrative rule as a class or category of projects (categorical exemption); or, . The activity is covered by the general rule that CEQA only applies to projects which have '/ The "CEQA Guidelines" are found in the California Code of Regulations, title 14, commencing with section 15000. 4 the potential to cause a significant effect on the environment. Where it can be demonstrated that no environmental effect would occur. the activity is not subject to CEQA. According to CEQA. a project is defined as the whole of an action undertaken. sponsored or permitted by a public agency which might result in a direct physical change in the environment. or in a reasonably foreseeable indirect physical change. (Pub. Resources Code. 921065.) CEQA also defines a categorical exemption which includes annexations and detachments. (CEQA Guidelines, 9 15320.) This "Class 20" exemption consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. COMPLIANCE OF PROPOSED ACTION WITH CEQA The proposed action complies with all three of the criteria for determining a proposal is exempt from CEQA. The reasoning for this conclusion is set forth below. As a consequence. the detachment will not change the character, scope or extent of any of the environmental impacts analyzed in the SPA One EIR. For this reasons. the proposed detachment does not require any revisions to the analysis presented in the SPA One ElR. rhe proposed detachment is 'lOt a project. No physical action is associated with the proposed detachment. The detachment of the landfill property from the City of Chula Vista is not a component of any plan or proposal for current or future development of the landfill. Nor is it necessary for such development. The County" s current use and its plans for future use of the landfill have already been approved and will not change based on the outcome of the detachment proceedings. Consideration and implementation of any future actions will require San Diego County to comply with CEQA and the County's standard public works review and approval processes. (See Kaufman & Broad-South Bav. Inc. v. Morgan Hill Unified School District (1992) 9 Cal.App.4th 464 [11 Cal.Rptr.2d 792]; Simi Vallev Recreation and Park District v. Local Agencv Formation Commission (1975) 51 Cal.App.3d 648 [124 Cal.Rptr. 635].) The proposed detachment is not part of any future plan to develop new or modified uses at the landfill site. Existing, approved County plans for the Otay Landfill show its continued use as a landfill until the capacity of the facility is reached, at which time the landfill would be closed. Additionally, the proposed detachment would not alter the permit environment of the landfill site and operations. Any future changes to the landfill would require approval of all agencies with jurisdiction over the site as set forth in Table I. No approvals by these agencies could occur without complying with future CEQA review requirements. rhe proposed detachment is subject to a categorical exemption Categorical exemptions consist of classes of projects found by the state legislature to be exempt from CEQA. These exemptions are designed to not unduly interfere with the business of the state through excessive regulation, 5 and consist of classes of projects which. because of their size. features, or location. generally will not have a significant effect on the environment. As noted above, the area of the proposed detachment is an existing landfill owned and operated by the County of San Diego. The County's ownership and operation of the site confer the primary authority for landfill planning and approval upon the County. The County is currently the primary public agency with approval authority over the operation and closure of the landfill. Detachment of the project site from the incorporated City of Chula Vista to San Diego County would not alter the County's operations, responsibility, or control over the landfill site. Therefore. the effect of the detachment would not alter the geographic area in which County exercises power over the landfill site. (CEQA Guidelines, ~ 15320.) The proposed detachment has no potential to calise a significant environmental effect. In addition to the analysis above. the proposed detachment will not cause, nor is a precursor to. any changes in operations, uses, or time of closure of the Otay Landfill. Thus, no immediate. direct physical effects would occur. In the long-term, adopted San Diego County plans approved by the CIWMB call for the closure of the Otay Landfill during the period 1999-2000 given current rates of fill. The adopted post-closure land U3e is for non-irrigated open space. Change in jurisdiction of the landfill site from the City of Chula Vista to San Diego County will not alter this closure plan or other adopted County plans for future operations or activities at the landfill site. Neither is the detachment a necessary precursor for these future activities. At the time any future activities or closure of the landfill is proposed, the County of San Diego will be required to comply with the CEQA review process prior to approving any activity. Other agencies with jurisdiction over various aspects of the Otay Landfill complex will also be required to consider and approve any necessary new permits or permit modifications necessary to modify or implement future activities. Because of the number of other state and local agencies with permit authority over the site and the complexity of agency authority, the mere change of jurisdiction from the City of Chula Vista to San Diego County would not hasten or change any future activities at the Otay Landfill. The proposed detachment does not warrant recirculation of the SPA One EIR. As described above, this addendum provides additional information for use by the City of Chula Vista in its consideration of the SPA One project. The addendum proposes the detachment of the Otay Landfill as a minor additional component of the SPA One Plan. The full project specific and cumulative effects of the Sectional Planning Area One project have been evaluated in the SPA One EIR. The detachment of the Otay Landfill site from the City of Chula Vista is a recent modification to the project, necessary to perfect the responsibilities of the various local governmental agencies with jurisdiction over the SPA One and other components of the Otay Ranch GDP. The detachment itself will not lead to physical impacts on the environment. The addition of this project component and the environmental determination contained herein does not constitute significant new information regarding the SPA One project, and consistent with CEQA Guidelines section 15088.5, does not require recirculation of the SPA One EIR. As 6 discussed above, the reasoning for this conclusion is that the proposed detachment is itself exempt from CEQA and the contemplated action has no potential to result in physical changes in the environment. Inclusion of the detachment as a component of the SPA One project also does not deprive the public of any meaningful opportunity to comment on the environmental effects of the SPA One project or any mitigation measures or alternatives to the project. As noted above, the effects of the SPA One project have been fully evaluated in the ElR prepared for the project. the establishment of the new information contained in this current document does not add substantial new information to the overall document as defined by section 15088.5 of the CEQA Guidelines. (See Laurel Heights Improvement Association of San Francisco, Inc. v. Regents of the University of California ("Laurel Heights II") (1993) 6 Ca1.4th 1112 [26 Cal.Rptr.2d 231 ].) CONCLUSION As discussed above, the proposed action complies with all three of the criteria for determining a proposal is exempt from CEQA. The City of Chula Vista finds that. consistent with section 15061 of the CEQA Guidelines, thc proposed detachment of the 265-acrc Otay Landfill from thc City of Chula Vista is exempt from CEQA becausc the detachment will not lead to any physical changes in the environment and is not a precursor to changes in landfill opcration. As a consequence, the proposed detachment does not require any revisions to the analysis prcsented in the SPA One EIR. Datcd: March 1996 - Douglas D. Reid Environmental Review Coordinator 7 discussed above. the reasoning for this conclusion is that the proposed detachment is itself exempt from CEQA and the contemplated action has no potential to result in physical changes in the environment. Inclusion of the detachment as a component of the SPA One project also does not deprive the public of any meaningful opportunity to comment on the environmental effects of the SPA One project or any mitigation measures or alternatives to the project. As noted above, the effects of the SPA One project have been fully evaluated in the EIR prepared for the project, the establishment of the new information contained in this current document does not add substantial new information to the overall document as defined by section 15088.5 of the CEQA Guidelines. (See Laurel Heights Improvement Association of San Francisco. Inc. v. Regents of the Universitv of California ("Laurel Heights II") (1993) 6 Cal.4th 1112 [26 Cal.Rptr.2d 231].) CONCLUSION As discussed above, the proposed action complies with all three of the criteria for determining a proposal is exempt from CEQA. The City of Chula Vista finds that. consistent with section ] 5061 of the CEQA Guidelines, the proposed detachment of the 265-acre Otay Landfill from the City of Chula Vista is exempt from CEQA because the detachment will not lead to any physical changes in the environment and is not a precursor to changes in landfill operation. As a consequence. the proposed detachment does not require any revisions to the analysis presented in the SPA One EIR. Dated: March~, 1996 tD~~~/ Douglas@'. Reid Environmental Review Coordinator 6031767.0]0 7 c z w C) W ...I J!~ .,,~ >E III:J :i", ".- UU ;: "Z _ ~ a ;:"5 Q.>-"s OI'QCgI ';:0.:10 L . 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ATTACHMENT D CONDmONS OF APPROVAL FOR OTAY RANCH SPA ONE L GENERAL PROVISIONS a) All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". b) 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 ITom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. c) Applicant shall indemnifY, protect, defend and hold the City harmless ITom and against any and all claims, liabilities and costs, including attorney's fees, arising ITom challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the project. d) The Applicant acknowledges that the purpose of planned community zoning is to provide for the orderly development ofland under unified ownership or control. Applicant represents to the City, that as of the date of this approval, SPA One is held under unified control by the Applicant. Applicant agrees that if any portion of land within SPA One changes ownership in a manner that the City determines in its sole discretion to represent a risk that the SPA One Plan will not be implemented as approved, the City Council may take action such as, including but not limited to, requiring an amendment to Village Five of the SPA One Plan and any of the accompanying documents, denying subsequent development approvals and stopping the issuance of building permits within Village Five of SPA One. Applicant acknowledges its understanding that irrespective of the approval of SPA One, the applicant is required to be in compliance at all times with the City's ordinances, policies and regulations. IT. ENVIRONMENTAL a) The applicant shall implement all mitigation measures identified in EIR 95-01, the Candidate CEQA Findings for this project (Exhibit ~ and the Mitigation Monitoring and Reporting Program (Exhibit ~. b) The applicant shall comply with all requirements of the Phase 2 Resource Management Plan (RMP) as approved by City Council on c) The applicant shall comply with any applicable requirements of the California Department ofFish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. " I - 0q 511/96 PC conditions 4/24/96 III. DESIGN a) The applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future phase of Village One. IV. STREET,RIGHT-OF-WAY AND IMPROVEMENTS a) Prior to the approval of the first final map, the Applicant shall enter into an agreement with the City to fund the cost of the transit stops. Said stops shall be designed in a manner consistent with the transit stop details as described in the Village Design Plan, as approved by the City's Transit Coordinator and Planning Director. b) Residential street parkways shall be no less than six feet in width. The Applicant shall plant trees within said parkways which have been selected ITom the list of appropriate tree species described in the Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided ITom each individual lot to the adjacent parkway. As a condition of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Directors of Parks and Recreation and Planning. c) The segment of the north/south vehicular road ITom Telegraph Canyon Road to the first residential street intersection within Village One (located between Buena Vista Way and Apache Drive) ("Temporary Roadway") shall be open for public use only until such time as a road fTom Village One to Orange Avenue is approved by the City Engineer to carry vehicular traffic. The Temporary Roadway shall be designed and constructed to City standards and the Otay Ranch SPA One standards. The Applicant shall be responsible, at its sole cost and expense, for the removal and restoration of the Temporary Roadway at the request of the City Engineer. Subsequent to removal of the roadway, said roadway shall be regraded and reconstructed to be consistent with the streetscape of Telegraph Canyon Road, as directed by the City Engineer. The applicant shall install signs, as directed by the City Engineer, indicating that the Temporary Roadway shall be closed once the permanent road is opened for public use. Notice shall be provided in any residential sales disclosure documents that the Temporary Roadway will be closed to vehicular traffic when access to East Orange Avenue is provided. d) Street cross sections shall conform to those standards contained in the SPA One Plan. All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City ITom time to time, ("City Design Standards"). Any proposed variation ITom the City Design Standards which are not addressed in the SPA Plan shall be approved by the City and indicated on the appropriate tentative subdivision map. 2 q{ S/l/96 PC conditions 4/24/96 The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i.e., cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. COMPARISON OF OT A Y RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR OTA Y RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF SCENIC CORRIDOR PRlME ARTERIAL PRlME ARTERIAL PRlME ARTERIAL PRIMARY VILLAGE ENTRY CLASS I COLLECTOR SECONDARY VILLAGE ENTRY CLASS II COLLECTOR VILLAGE CORE CLASS I COlLECTOR RESIDENTIAL PROMENADE CLASS ill COLLECTOR CORE PROMENADE RESIDENTIAL VILLAGE MAIN RESIDENTIAL Vll.LAGE PLAZA RESIDENTIAL RESIDENTIAL A and B RESIDENTIAL ALLEY ALLEY STANDARDS 3 q, 5/1/96 PC conditions 4/24/96 e.) The applicant shall provide a 60 foot wide pedestrian paseo between Neighborhoods R-8 and R-9. As a condition of approval on the appropriate tentative map, said paseo shall be required to be dedicated to the City at the final map stage. Street improvements will not be required to be installed, but may be required at some future date should it become apparent that vehicular access is needed. t) As directed by the Director of Planning and the City Engineer, the applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road. The timing of the construction of said bridge shall be determined by the City at the time of approval of the first tentative map. The applicant shall be solely responsible for the construction of said bridge. g) In addition to the pedestrian bridge described above, the Spa One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The applicant shall agree to fund half of the cost of constructing the two pedestrian bridges and to identity the mechanism to be used to fund said cost at the time of approval of the first final map. Said items shall be included as conditions of approval of the first tentative map. h) The applicant shall provide a conceptual design of the traffic circles delineated on the SPA One Plan for review and approval by the City Engineer and Planning Director prior to approval of the first tentative map. i) In the event the Federal Government adopts ADA standards for street rights of way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced. j.) Vehicular access shall not be required to EastLake Parkway between the two Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided. A sixty foot easement for roadway and other public purposes to accommodate said access shall be dedicated with the approval of the appropriate final map. Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as not to preclude the option of future provision of vehicular access should it become necessary. V. GRADING AND DRAINAGE a) The applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. b) The quantity of runoff ITom the development shall be reduced to an amount equal to or less than present 100-year ITequency storm. Retention/detention facilities will be required as approved by 4 qA 5/1/96 PC conditions 4/24/96 the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows. Said retention/detention facilities shall be provided by the applicant. c) The applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and Five by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan. VI. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER CONSERVATION) a) The Applicant shall provide water and reclaimed water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Montgomery-Watson dated June 1995 or as amended by the applicant and approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map. b) The applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the applicant and approved by the Director of Public Works. The SPA One Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map. vn. PARKS/OPEN SPACE/WILDLIFE PRESERVATION A) General I. The SPA One project shall satisfY the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below). A minimum of two thirds (2 acres /1,000 residents) of the local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (I acre/I,OOO residents) shall be satisfied through the payment offees. 2. All local parks shall be phased consistent with the SPA One PFFP and shall be installed by the applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City. 5 q? 5/1/96 PC conditions 4/24/96 3. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 4. The applicant shall coordinate consultant selection with the City. The consultant selected for all park design shall be acceptable to the City. 5. Parks located within gated communities shall not receive park credit. 6. The applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the applicant to satisfY local park requirements in future SPAs. 7. The applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include accrued interest. B.) Pedestrian Parks Pedestrian parks less than five acres, as identified in the SPA One plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to City wide small park credit criteria which shall be approved by the City Council. C.) Neighborhood Parks The applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units The applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Parks and Recreation Director, no later than issuance of the building permit for the 500th dwelling unit. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the City in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Parks and Recreation Director. Prior to issuance of the building permit for the 1 1 50th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the 6 q4 5/1196 PC conditions 4/24/96 second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in cof\iunction with the phasing study noted below. At no time after issuance of building permits for the SOOth dwelling unit shall there be a deficit in "constructed neighborhood park" based upon 2 acres/I,OOO residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan. For purposes of this condition, the applicant shall receive park credit for construction of neighborhood parks upon completion of the park and approval by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. The applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The 1.7 acre Town Square in Village Five shall receive 100% neighborhood park credit if constructed consistent with the criteria contained in the General Development Plan and if improvements constructed within the Town Square receive the approval of the Director of Parks and Recreation. The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar Street on the SPA plan shall be relocated easterly within Neighborhood R-12. The applicant shall receive reimbursement of PAD fees should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. D.) Community Parks The applicant shall pay PAD fees for the Community Park based upon a formula of I acre per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn- key facility is subject to the reimbursement mechanism set forth below. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in Village 2 as identified in the GDP. The applicant shall identifY the relocation, if any, of the Village 2 Otay Ranch Community Park prior to issuance of the building permit for the I, ISOth dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. Notwithstanding that the community park requirement (I acre/1,dOO residents) shall be satisfied through the payment of PAD fees, the applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,6S0th dwelling 7 ~ -- qs 5/1/96 PC conditions 4/24/96 unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. The applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. The Community Park shall be ready for acceptance by the City for maintenance prior to issuance of the building permit issuance for the 3, 900th dwelling unit. If the City determines that it is not feasible for the applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. The applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The applicant shall receive reimbursement of PAD fees, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. E.) Trails The first final map shall not be approved until the SPA One Open Space Master Plan is approved by the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include, but are not limited to elements such as final recreational trail alignments and phasing. The Concept and Analysis Plan shall be developed during the tentative map review process. All trails shall connect to adjoining existing trails in neighboring development projects to the extent feasible, as feasible is determined by the Director of Parks and Recreation. F.) Community Gardens Community gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. Water lines shall be stubbed ITom the nearest water main to the site(s) in order to facilitate development of the Community Gardens. 8 q6 5/1/96 PC conditions 4/24/96 Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Home Owner's Association or other funding mechanism approved by the City. Community Gardens shall not receive park credit. 3.) Open Space The applicant shall prepare a study to determine the feasibility of establishing a master open space district under the 1972 Lighting and Landscape Act for the Otay Valley Parcel of Otay Ranch. Said feasibility study shall be approved by the Directors of Parks and Recreation and Public Works prior to approval the first tentative map. If applicable, an Open Space District shall be formed prior to approval of the first final map. VIll. AGREEMENTS/FINANCIAL a) The applicant shall install Chula Vista Transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the applicant shall install said improvements when directed by the City. The applicant shall enter into an agreement with the City to fund these facilities. The requirement for said agreement will be made a condition of the first final map. b) The applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final map regarding the provision of affordable housing. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable Housing Plan. c) No final maps may be recorded within SPA One until such time that an annexable Mello Roes District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. d) The applicant shall participate financially in proportion to other developers in a collaborative study analyzing local park needs for the area east of the 1-805 Freeway prior to approval of the first final map. e) The applicant shall prepare a design study to determine the feasibility of providing grade separated intersections for East Orange Avenue at Paseo Ranchero and Telegraph Canyon Road at Otay Lakes Road. Said study shall be approved by the City Engineer prior to approval of any tentative map for SPA One. 9 tf7 5/1196 PC conditions 4/24/96 f) The applicant shall enter into an agreement with the City of Chula Vista to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) prior to approval of the first final map within SPA One. g) The applicant shall be required to equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The applicant shall enter into an agreement with the City which states that the applicant will not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. h.) In order to satisfY their fair-share contribution for financing the light rail transit system, the applicant shall complete the following: 1.) dedicate to the City the Light Rail Transit (LRT) right-of- way on the final map containing said right-of-way, as indicated on the approved tentative map; 2.) rough grade said LRT alignment; and 3.) enter into an agreement with the City which states that the applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT. i) A reserve fund program shall be established in accordance with the Otay Ranch General Development Plan which requires that a reserve funding program be established concurrent with the approval of the first SPA. The Applicant understands that the City and County are in the process of negotiating a Master Property Tax Agreement regarding portions of the Otay Ranch which may have an impact on the reserve funding program. Applicant understands and agrees that further details of the reserve funding program shall therefore be established by the City in conjunction with final approval of the Property Tax Agreement. In accordance with the Otay Ranch General Development Plan requirements, the applicant shall fund the annual fiscal reviews, conducted by the City or under the City's supervision, to evaluate the fiscal impact of the project. As part of the annual review, the assumptions and inputs used in the Fiscal Impact for New Development (FIND) Model shall be evaluated, including land use types, density and timing, factors affecting cost and revenue estimates, allocation of local, regional, state and federal funds, and any other factors deemed relevant by the City Manager. The annual fiscal review will determine the need for transfers ITom the applicant reserve fund to the City in order to assure that the GDP policies are fulfilled, particularly that all City services provided to the incorporated portion of Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be covered by project revenues and project exactions. Prior to the approval of the first tentative map the applicant shall fund the Reserve Fund in an amount determined by the City. or at the election of the City, agree to fund the Reserve Fund, to offset any annual operating deficit incurred by the City that is not covered by the Property Tax Agreement in order to assure that the GDP/SRP policies, as described above, are fulfilled. 10 ql(; S/1/96 PC conditions 4/24/96 IX. SCHOOLS a) The applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,65Oth building permit (504 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. b) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the SOOth residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. c) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. d) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,50Oth residential building permit (1350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. e.) If the Applicant is unable to deliver any of the school sites required by conditions (a) through (d) at the locations identified in the SPA One Plan, applicant shalL at the time such site is required to be delivered, take such actions necessary to deliver an alternative site that is satisfactory to the school district or fund the acquisition of an alternative site. x. MISCELLANEOUS a) The applicant may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to a dedicated public street. The applicant shall post bonds to secure the installation of improvements in the amounts determined by the City Engineer priur to approval of a master final map. Said master final map shall 11 qC; 5/1/96 PC conditions 4/24/96 not be considered the first final map as indicated in other conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map. b) The applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. c) Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA Plan. d) The applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. e) The applicant shall fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee and approved by the City Council prior to approval of the first final map within SPA One. Said requirement shall be made a condition of approval of the first tentative map. The applicant shall receive 100% credit towards future PFDIF for funding this update. f) Pursuant to the provisions ofthe Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. g) The applicant shall include maintenance of Telegraph Canyon channel east of Pas eo Ladera in any open space district formed for SPA One on a fair share basis. This includes but is not limited to costs of maintenance and all costs to comply with the Department ofFish and Game and the Corps of Engineers permit requirements. XI. PHASING a) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the applicant shall prepare a five year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identitying financing options for necessary facilities. 12 /00 511/96 PC conditions 4/24/96 b) The applicant acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single family residential homes within SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However the applicant understands that it is the City's intent to require the applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this objective, the applicant shall prepare a project phasing update to determine which of the two villages the applicant will concentrate development in. The phasing study shall provide for the following: I) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identity the village that will be the focus of accelerated development; 4.) consideration of market conditions, product absorption and location of appropriate product to meet demand, 5) limitation of public services in the village which is not the focus of accelerated development and, 6) provision for affordable housing opportunities as identified in the approved Affordable Housing Plan. The study shall be undertaken prior to issuance of the 1 1 50th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,401st building permit. As a condition of approval of the first tentative map, the Applicant shall enter into an agreement with the City in which the applicant agrees to implement the results of said study as determined by the City Council. If the applicant fails to implement the results of the study as directed by City Council, the City Council may take such actions as it deems necessary, including but not limited to withholding building permits c) Phasing approved within the SPA Plan may be amended subject to approval by the Planning Director and the City Engineer. d) The Public Facilities Finance Plan shall be adhered to with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. xn. CODE REQUIREMENTS a) The applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. b) The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 13 ~ lOt 5/1/96 PC conditions 4/24/96 C) The applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ITom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). d) The applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City ofChula Vista Resolution 17516 dated June 7, 1994. e) The applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if pump stations for sewer purposes are proposed. f) The applicant shall enter into an agreement with the City, prior to approval of a final map for any phase or unit, whereby: 1) The applicant agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: a. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached. b. Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. 2) The applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 14 /0; RESOLUTION PCM 95-0lB RESOLUTION OF TIffi PLANNING COMMISSION OF TIffi CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF TIffi OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch LP ("Applicant"), and; WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for the Eastern Territories, to promote the orderly planning and long term phased development of the Otay Ranch General Development Plan and to establish conditions which will enable the Otay Ranch SPA One to exist in harmony within the community ("Project"), and; WHEREAS, these Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the SPA One Plan, and; WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately 1,061.2 acres ofland located soutli of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125. The area west ofPaseo Rancho has been excluded ITom the SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and; WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as a unit, and; WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista on May 14,1996, to allow the processing of this SPA without the area west of Pas eo Ranchero, and; WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on May 14,1996, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; IOj Planning Commission SPA One PC District Regulations Page 2 WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-0 I and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, TIIEREFORE, BE IT RESOLVED THAT TIIE PLANNING COMMISSION hereby adopts Final Second-Tier Environmental Impact Report EIR 95-01 and Addendum. BE IT FURTIIER RESOLVED THAT TIIE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTIIER RESOLVED that a copy of this resolution be transmitted to the City Council. pcm9501b.doc 104- Planning Commission SPA One PC District Regulations Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this May 1, 1996 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: William C. Tuchscher II Chairman Nancy Ripley, Secretary Attachment: Draft City Council Ordinance pcm9501b.doc 105 ORDINANCE NO. AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA VISTA APPROVING TIlE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (pCM 95-0IB) WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"), and; WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for the Eastern Territories, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch SPA One to exist in harmony within the community ('Project'), and; WHEREAS, these Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan, and; WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately 1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125. The area west ofPaseo Rancho has been excluded ITom the SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and; WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as a unit, and; WHEREAS, a GDP amendment was approved by the City Council of the City ofChula Vista on May 14, 1996, to allow SPA One to be processed without the area west ofPaseo Ranchero, and; WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and amended on May 14, 1996, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet ofthe exterior boundaries of the property at least 10 days prior to the hearing, and; IO~ Ordinance No. Page 2 WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, TIlEREFORE, BE IT RESOLVED THAT TIlE CITY COUNCIL of the City ofChula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 and the minutes and resolutions resulting thereITom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. pcm9501b.doc - ~ to 7 Ordinance No. Page 3 II. ACTION The City Council hereby approves the ordinance adopting the Planned Community District Regulations for the Otay Ranch SPA One Plan finding that they are consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista. VI. This ordinance shall take effect and be in full force the thirtieth day ITom its adoption. pcm950 1 b.doc , 0'0 Ordinance No. Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California this May 21, 1996, by the following vote: YES: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certity that the foregoing Ordinance No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 21th day of May, 1996. Executed this 21th day of May, 1996. Beverly A. Authelet, City Clerk pcm950Ib.doc 109 PLANNING COMMISSION INFORMATIONAL MEMO May 1, 1996 TO: Chairman Tuchscher and Planning Commission FROM: Jerry Jarnriska, Special Planning Projects Manager, SUBJECT: Noticing of Recent EIR and SPA One Public Hearings At the April 24, 1996, Public Hearing held on this project, Mr. John Burns, Mr. Able Parra and Mr. Ernest Hofer all stated that they had not received notices informing them of the public hearings being held on this project. It is the intent of this memo to provide the Planning Commission with information regarding the noticing practices of the City, provide proof that these owners were notified properly and explain why there may be confusion on this issue. On September 22, 1995, notices were sent to approximately 2,000 residents and tenants who live within a 1,000-foot radius of the Otay Ranch GDP area. These notices informed the receiver that the Planning Commission was meeting on a number of SPA One related issues on November 8, November 15 and November 17, 1995. The meeting of November 15, 1995 was continued to a date to be announced and, at that time, the November 17, 1995 meeting was canceled. On February 12, 1996, notices were again set to approximately 2,000 residents and tenants who live within a I,OOO-foot radius of the Otay Ranch GDP area. These notices informed the receiver that the meeting continued ITom November 15, 1995 had been rescheduled. The notice gave the dates of the rescheduled meetings as March 27, 1996 and April 10, 1996. The Planning Commission met at these advertised dates but also continued the hearing to dates certain. The Planning Commission hearing held on this project on April 24, 1996 was a continued meeting. The property owners in question were duly noticed on September 22, 1995 and February 12, 1995 as confirmed by the xerox copies of the labels used to address their notices. Copies of the labels that were used to notice all of the owners in the Southwest Corner have been attached to this memo for the Council's benefit. In addition, Mr. Burns and Mr. Hofer were present at the April 24, 1996 hearing. Staff had informed them the previous week of the meeting 'to be held on this date. Attachment: Public Notice Labels NOTICMMO.DOC oltltOoOUb UO . UNITtD ENTERPR1S~S LTD !071 bTH AvE .~5~ ~AN OIEG~ CA 92101 ~. blt5030030U OSTlI'IIG ST AN f- 1321 lAr-:UACK AVE C A~LS!lAO tA 920U8 bit 50JOO" 00 KELSTROM MARGARET l 101t t DA YTUN AvE fll ESNO CA 'W370" blt503v0700 HCfER ERNEST J/SULANNt 7(;1t1l ::'AN MIIoUtL AYE a UNlTA CA 919u2 b"~OJ00800 HOI-Ek ERNEST J/SUZANNE 70"6 SAN MIGUEL AVt BOld JA CA ."1.,,O.l b"503U0500 StLMAN kObEkT H/MARy J "01t0 (.A::'ITA WAY SAN D!EIoO tA ",Z115 bIt 5030UbuO kAbELLU 0;1 lLlAH J . "3"7 VULTAIRE ST ~AN OIEG~ CA 921u7 b..503110.,00 HOF~R EkNEST J/SUIA~Nt 701t1l ::'A~ MIIoUtL AVE BUN!TA LA 9l90Z 01t503010\,0 bUkNS JOj~ J Jk/EVA N I' L. tlOX "3 JAMUl CA 919:;5 b "503U 1100 BURNS JUHN J JR/EVA N p 0 Bu X 9::1 J AHU L C A ." 1 '13 ~ b"!:IO.>OlZuO BUkN::, JOHN J JkltVA N P U ..0 x "'3 JAMUl (;A 9...9J5 .. O"503U1JOO OSTLING STAN f 1321 TAMAkA(;K AYE CARLSbAU CA 9.l0U8 t>1t5030J."vO kOlllANU OAYI U 12 7 P R I: 5::. IN LHUlA VI::.TA CA 919J.0 MEMORANDUM DATE: May 1, 1996 SUBJECT: Chairman Tuchscher and Members of the Planning Commission Jerry Jamriska, Special Planning Projects Manage~' 1> Minor Modifications to SPA One ~ -----' TO: FROM: Four minor items are proposed to be included as modifications to the SPA One and Phase 2 RMP as noted below: I. Errata Sheet for the Ranch Wide and SPA One Affordable Housin~ Plan As a result of the modification to condition of approval #VIIl.b), which postponed the requirement for the affordable housing agreement ITom tentative to final map, the Planning Department has requested that the above noted housing plans be modified in order to maintain consistency with the condition. All references in the Ranch-wide and SPA Affordable Housing Plans to "Tentative Subdivision Map Level Affordable Housing Agreements" shall be modified to read "Final Subdivision Map Level Affordable Housing Agreements." The errata sheet is indicated in Attachment 1. II. Errata Sheet for Village Design Plan The Village Design Plan is proposed to be modified in order to reflect a change to condition of approval #IV.a) which occurred as a result of a meeting with the City Transit Coordinator on April 22. It was indicated at that meeting that Condition IV.a) needed to be more flexible, since it is not certain at this time when the light rail transit will come on line and where the exact location of the stops will be. It was also noted at the meeting that design sketches of the transit stops would be included in the Village Design Plan. The errata sheet to the Village Design Plan allows for indicates location of potential bus stops on East Palomar Street and requires design of stops to be included in master precise plan for the Village Core. (See Attachment 2.) III. Errata Sheet fOf Phase 2 Resource Management Plan The City Attorney has requested that the Phase 2 RMP be modified to delete the reference in the Regional Benefits Section which discusses the draft MSCP program. The Regional Opportunities Section now indicates that there are other opportunities outside of the Ranch to add to the open space system for the benefit of the entire region. (See Attachment 3). IV. Additional Condition of Approval The Planning Department has requested that an additional condition of approval be added to SPA One which would require that the Otay Ranch SPA One employ the services of a private sector project manager, similar to what has been required of EastLake, Rancho del Rey, and the proposed Salt Creek Ranch developments. The purpose of the project manager is to provide a review and overall coordination process prior to or concurrent with submittals to the City of Chula Vista. Because of the uncertainty and the potential for multiple ownership's within SPA One, the Planning Department is recommending that following condition of approval be added to approval for the SPA. "The owners of each village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture." Attachments: 1. Ranch-Wide and SPA One Affordable Housing Plan Errata Sheet 2. Village Design Plan Errata Sheet 3. RMP Errata Sheet 4. Memorandum ITom Planning Department PCSOIMEM.DOC Ranch-Wide and SPA One Affordable Housing Plan Erratas (November 6, 1996 Version) Page Revision Ranch-Wide Affordable Housing Plan 3 1st paragraph, 2nd sentence - Final Teffillti.,e Map Affordable Housing Agreements.. . 13 last paragraph, last sentence - ...a Final Teffilltio,e Subdivision Map... 14 2nd paragraph, 1st sentence - " . adoption of an Implementation Agreement at the Final Teffilltive Map Level... 15 1st heading - 2. Final TeHtlltive Map Level Affordable Housing Agreement(s) 1st paragraph, 1st sentence - A Final Teftltllive Map Level Affordable Housing Agreement must be executed at the time of approval of the fIrst Final Teatatiye Map within each SPA area. last paragraph, last sentence - ...and Final Tentative Map Level... SPA One Affordable Housing Plan 8 2nd paragraph - .. .first and subsequent Final TeatatiYe Subdivision... 3rd paragraph - ...covered by each Final Teffilltive Subdivision... 12 1st paragraph - ..., and any subsequent, Final Teffilltio,e Subdivision Maps. (;\erratas.tbl) t:x~'b,t I Village Design Plan Errata (November 9,1995 Version) 11-39 Circulation -Non-Vehicular - add potential bus stops along E. Palomar Street. II-Sl Third bullet - Urban Character/Architecture - Identification of architectural style and key urban elements includin~ the transit station desij1n. Page III-43 Circulation -Non-Vehicular - add potential bus stops along E. Palomar Street. III-SS Third bullet - Urban Character/Architecture - Identification of architectural style and key urban elements. includinj1 the transit station desij1n. H:\OtayIDesign\ VDPlErrata2.doc 4/23/96 ~y:~bi r .2 APR-24-SS 1S,31 FROM, 1D, PAGE 2/3 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CoNVEYANCE, FUNDING b. RegiQnaJ./lellejit QpporlWliti~ As discussed throughout this document, the Otay Ranch properties have an obligation to convey 11,375 acres to the Preserve OwnerlManager for the purposes of establishing a preserve_ However. the creation of the preserve establishes a location and or~~i7-"tional framework within which properties othe~Han O~v R.s.nch or entities other tha~ Chula Vi and the Countv can contribute additioMl lAnds or preserve improvements to build an ODen soar: s:te~ of~e::t to the entire reeion. Exhibit 17 de ic so e e. c oPPortunities for such contribution. The e!!.a~: ~ aB ll,:na aaFe jinseNe €FSB!. the g1;~ c ~o~es B!lwt, aee8t..1'ag ts gtat8 law, B~ :::::s;;; ;relsA;ea t8 the BotlaSS ea!eatea BY tke ae-,'\! _ 0 : the ji.l'sfle_.t~. CeBveFee~, thal'e I&$t he ~;a:~: relatieae~ setwee:a tee Bs:a.etits jil1'eVl : e sxaeti8:a aBa the develepmeai. 'rB.e :pr.ese~e, BeB8.USG af its sise, 1'6latieBS1:dr ta etasF Oflela sjiaee l^-tis eel Fslatiaaehiji ts athat ae''eIefl~ la:ads. affcrs ji~1ie heBeRis wt.:th !H'Th:j~~ -;l; ba~-sB.a the l'eEaaests sf Ot903'' Reea. , e suneet alia fut'la'e .prspeP5y' s:w:ael'S ~:a.~:::~~;t: ~ ~:a: !--!h He ei:lligatea t9 dBe9&ly _.~:: fei' the ereatisB, m-'llteBese Ime!. ;;e-;~ pl'eserve, the BeB.eBt ef the Jj!'eserve aesnies 1;e l&eFe taRB j~t Qtay RaRek l'e!JiEle!lts. The SSBeept sf l.'e~eBal seBeRi sf a 1!H'@'e saale sps:a. 8IIaee system i.9 ~6f8Ilg:eIy. tUse\iBsea ~ :e~~: MSCP Prsg:FABi. weish l'eeegr--es the Bse h ; ~!~~ Ce~ rs$iaeBts Be aasessea !l fee SF ;; ;; hcl pay fer the gesel'91 p1iSae.B?:a.';!& aSS~e~~:~~ ~ AIQCP pJresewe systeM. .1_ SHB-1~ mtl II S the Ot~ D^aea JjreeerJ'e. AeeerA'-giy, fuE the fll'efle~ e~he1'5. a:::: ~~e~~ ~ Ota:r Rimsa te Ii e tlteatea HI. as. eq\uta e e , Otay Ranch Page 103 February 5, 1_ t=::xtv. bit- ';> APR-24-9S 16:32 FROM: ID. Otay R...lch Phase :1 Resource Mana/j.!ment Plan PRESERVE MANAGEMENT, CoNVEYANCE, FUNDING tB.a MSCP j9rsg!'^~ SF sthe:r esslla:mhle l'egiaBal BY sa.hregisftal hasitat es:a.ssrvatieB lII'egl""- :is HB.lIlaseateEl. tm-augh a Bl'eaE! Baseil fee aF taR fail' t:lie mamteB8Bse as.a apepatie:a af a regiaBal ~reGen.e, the acpal'9.te finaReial abligatia:a. impaseE! 1iI!BB Ot~ ~aJa9h l'esiilents shea:Lil be e"-'-atea. Olay Ranch Page 104 February 5, 1996 PAGE 3/3 April 29, 1996 TO: Chair and Members of the Planning Co FROM: Ken Lee, Assistant Planning Directo SUBJECT: Added Condition Proposed for Otay All previously developed plarmed communities, such as EastLake, Rancho del Rey, and the proposed Salt Creek Ranch development have employed the services of a project manager in the private sector to provide a review and overall coordination process prior to or concurrent with submittals to the City of Chula Vista. Because of the uncertainty and the potential for multiple ownerships within SPA I of the Otay Ranch, I am recommending that the following condition be added to any proposed approval of the SPA, to read as follows: "The owners of each village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well- rounded educational background and experience, including but not limited to land use planning and architecture. " (m: \home\planning\spal cond. or) cc: Kim Kilkenny, Village Development Co. Jerry Jarnriska, Special Projects Manager-Otay Ranch Ann Moore, Assistant City Attorney fax: Kent Aden, Village Development Co. ~y,~~it 4-