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HomeMy WebLinkAbout2008/02/05 Item 16 CITY COUNCIL AGENDA STATEMENT .s}l!f:.. CITY OF ~- CHUIA VISTA Item No.: lie Meeting Date: 2/5/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTA Y PROJECT L.P. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTAY PROJECT L.P., CHULA VISTA TRACT 07-02. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11 "A" MAP NO.2, MAP NO. 14780: WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28, 2005, AS DOCUMENT NO. 2005-1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS SUBMITTED BY: JAMES D. SANDOVAL, DIRECTOR OF PLANNING AND BUILDING REVIEWED BY: DAVID M. GARCIA, CITY MANAGER SCOTT TULLOCH, ASSISTANT CITY ANAGER 4/5THS VOTE: YES 16-1 Date, Item No.: l/P Meeting Date: 2/5/08 Page 2 of 8 INTRODUCTION Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) has made an application to amend the Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan (MPP), revise the Tentative Subdivision Map, and relocate easements through the recording of a new Parcel Map in order to accommodate a Conditional Use Permit application by a potential user of the Community Purpose Facility (CPF) site in Otay Ranch Village II. The proposed CUP project consists of a church, pre-school and elementary/middle school, gymnasium and parking area over a 5.5-acre Community Purpose Facility (CPF) site. The proposal is to reconfigure the 5.5-acre CPF-I site and the I-acre Town Square Park (P-4) within the village core, such that the CFP-I site would become the focal point center of the village instead of surrounding the Town Square, and the Town Square Park (P-4) park would be relocated from the focal point center of the village to the northeast comer of Discovery Falls Drive and Windingwalk Street (see Attachment No. I). RECOMMENDATION Staff recommends that the City Council approve the Village II Sectional Planning Area (SPA) Amendment, the Revised Tentative Map, and the associated Parcel Map, subject to and conditioned upon the City Council granting the Appeal of Conditional Use Permit (PCC-07- 064), reversing the decision of the Planning Commission, and adopting a resolution approving the Conditional Use Permit (PCC-07-064); otherwise, this action shall be deem automatically revoked and be of no force and effect ab initio. BOARDS/COMMISSION RECOMMENDATION On November 14, 2007 the Planning Commission voted (6-1-0-0) recommending denial of the Village II SPA Amendment and the Revised Tentative Map. The Planning Commission's recommendation of denial of the Village II SPA Amendment and the Revised Tentative Map was based upon their (5-2-0-0) vote to deny the proposed CUP application, which is the specific project that relies upon the approval of the SPA Amendment and Revised Tentative Map. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. 16-2 Date, Item No.: \ lp Meeting Date: 2/5/08 Page 3 of 8 BACKGROUND On October 2, 2006, Brookfield Shea Otay (BSO) submitted the Village II SPA Amendment and Revised Tentative Map applications. However, consistent with processing policy, a CUP application by the potential user of the CPF -I site was still required prior to further review for entitlements. On April 10, 2007, a potential user of the CPF-I site made a CUP application. After the first review of the CUP application, staff met with the proj ect applicants to assess the needs of the CPF user and the ability to provide and maintain design elements of the focal point center of the village core identified in the Village II Plan. Several site plan iterations were sketched and general agreement was reached on how a possible redesign and reconfiguration of the CPF and Town Square could be designed to maintain the primary vision for this area. Specifically: 1. That the proposed central plaza serving as the open space focal point view at the terminus of Birch Road be provided and maintained as a community gathering space, to serve a similar design and community function as the Town Square would have in the same location, and 2. That a pedestrian path through the central plaza be provided and maintained as a mid- block pedestrian connection to the village paseo, to serve a similar design and community function as the 20-ft. wide public easement would have in the same location. On July 27, 2007, a revised site plan was submitted incorporating certain modifications to address the community gathering space and pedestrian connection through the site noted above; namely, the 70-ft wide plaza shown on the previous CUP application was increased to 90-ft. clear between arcades of the Pre-School and Fellowship Hall buildings, to align with the 120-ft. Birch Road right-of-way width and further encourage public access, and the pedestrian connection was revised to show a mid-block pedestrian connection around the Sanctuary/Worship Building which could encourage pedestrians to access the Village paseo through the center of the site. On August 10,2007, staff informed the applicant regarding conditions that would be imposed on SPA Amendment and Revised Tentative Map application that would require the developer of the CPF -I site to (1) preserve an open space accessible to the public at the center of the site, and (2) provide a pedestrian connection through the center of the site to allow pedestrians access to the Village paseo. These conditions would also be required of the Conditional Use Permit for the CPF-I site. Planning Commission Record On November 14, 2007 the Planning Commission held a public hearing regarding the CUP application, in conjunction with the Village II SPA Amendment and Revised Tentative Map, since the CUP is the implementing project. The CUP application was denied by a vote of 5-2, after which the Planning Commission then considered making their recommendation regarding the proposed Village II SPA Amendment and Revised Tentative Map. 16-3 Date, Item No.: (V Meeting Date: 2/5/08 Page 4 of8 The Planning Commission then denied the SPA Amendment and Revised Tentative Map by a vote of 6-1, based primarily upon the fact that absent the approval of the CUP application there was no specific project associated with the proposed Village II SPA Amendment and Revised Tentative Map (See Planning Commission Minutes, Attachment No.3). The Planning Commission based their decisions on the following: I. The need to relocate the town square from. its current SPA plan configuration at the center of the site was viewed by members of the Planning Commission as unnecessary in order to provide a viable site for the proposed Church, Pre-School and Elementary/Middle School facility. (a) Based on exhibits provided by community members showing various site plan layouts for the facility, the Planning Commission concluded that the proposed Church, Pre- School and Elementary/Middle School facility could be reconfigured around the central location of the Town Square as originally envisioned in the Village II SPA plan. 2. The proposed Church, Pre-School and Elementary/Middle School facility raised a number of issues that were viewed by members of the Planning Commission as undesirable and not contributing to the general well being of the neighborhood or the community, such as: (a) Public Accessibility, Circulation, Traffic, and Parking: Based on testimony and exhibits provided by community members, the Planning Commission considered that there were outstanding issues related to public accessibility and use of the central plaza, circulation through the mid-block pedestrian connection to the Village paseo, the hours of operation for ancillary activities beyond the primary uses of the church and schools, and the effects of these ancillary uses on traffic and parking. (b) Relocation of the Park Site is not Beneficial to the Community: The Planning Commission concurred with public testimony and exhibits provided by community members that the reconfiguration of the Town Square from the focal point center of the village core to a comer park reduces its visibility and viability as a public access space and as a component of the village core, and that it generally becomes a less favorable public use space with a secondary presence within the village core compared to what was envisioned in the original Village II SPA Plan and Village Core Master Plan. DISCUSSION Existing Site Characteristics The Town Square (P-4) and the CPF-I planning areas are sited at the center of the village core in Village II at the easterly terminus of Birch Road and Discovery Falls Drive, and are meant to be the focal point elements providing amenities to the community for public use within their open 16-4 Date, Item No.: \ to Meeting Date: 2/5/08 Page 5 of8 spaces, pedestrian connections and building configurations. The two sites are relatively flat with a slight slope or grade that drops towards the south and east comer of both sites. Existing General Plan, Land Use and Zoning The City of Chula Vista General Plan and the Otay Ranch General Development Plan (GDP) designate the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores," surrounded by single-family homes in the secondary residential areas outside of the village cores. The Town Square (P-4) and the CPF-l sites are the focal point public open spaces and community purpose facility elements at the center of the village core in Village Eleven. The General Plan and Otay Ranch GDP describe Village Eleven as a typical residential village including single-family, multi-family and mixed-uses. The Village Eleven village core provides multi-family and commercial mixed-uses across the street (Discovery Falls Drive) from the Town Square (P-4) and the CPF-l sites. The subject properties are zoned Planned Community (PC) within the Village Eleven SPA Plan Planned Community (PC) District Regulations, and the PC District land use designations are P-4 for the Town Square and CPF-I for the Community Purpose Facility. Project Description Brookfield, Shea Otay, LP proposes to amend the Village Eleven SPA Plan and Village Core Master Precise Plan (MPP) text and exhibits, revise the Tentative Subdivision Map, and record a new Parcel Map in order to: (I) Relocate and reconfigure the Town Square from the easterly terminus of Birch Road to the northeast comer of Discovery Falls Drive and Windingwalk Way, and (2) Relocate the pedestrian easement to the village paseo from across the center of the CPF site to the northern property line adjacent to the Private Recreational Facility (PRF) site. The public easement currently covers the entire Town Square Park (P-4) and extends easterly as a 20-ft. wide easement through the center of the CPF -1 site. If the Village 11 SPA Plan Amendments; Village Core Master Plan Amendments; the Revised Tentative Map; and the new Parcel Map, reconfiguring the lot lines and relocating easements, are approved, the recording of the Parcel Map will terminate the City's interest in the previous alignment of the pedestrian access easement (Doc # 2005-1108997) based on the following findings: 16-5 Date, Item No.: 'Ie Meeting Date: 2/5/08 Page 6 of8 1. The easement is no longer necessary for present or prospective public purposes given the proposed new alignment for pedestrians along the northern property line when combined with the proposed pedestrian pathway accessible to the public through the approximate center of the CPF-I Site as stipulated in the CUP (PCC 07-064). 2. The amendments to the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan propose to reconfigure the site such that the existing public pedestrian access easement would encumber the CPF site. 3. Staff Analysis As noted in the project description, the applicant proposes to amend affected text and exhibits within the Village Eleven SPA Plan and Village Core Master Precise Plan (MPP) as well as the Tentative Subdivision Map, in order to accommodate the reconfiguration of the CPF-I site and relocation of the Town Square Park (P-4). These changes include the relocation of the recorded 20-fl. public easement currently at the center of the CPF-I site to the northern boundary of the property of the CPF-I site, adjacent to the Private Recreational Facility (PRF) swim club site. This public easement as relocated will still be located on the CPF -I site. The applicant proposes to improve this dedicated public connection to the Village paseo by constructing a sidewalk with landscape features on both sides. Tbe Village paseo terminates at the connection with this public easement (see Attachment No. 2). Another pedestrian sidewalk will be provided through the center of the relocated Town Square Park (P-4), a public facility to be owned and maintained by the Windingwalk Homeowners Association, providing another connection for pedestrians south of the center of the CPF -I site to the village paseo. It is expected that these other two pedestrian connections will be open to the public at all times and help to fulfill the pedestrian orientation requirements of the village core; however these two pedestrian connections do not address the focal point connection requirements as will be noted below. These pedestrian connections to the Village pas eo are necessary primarily because the privately owned CPF-I site may hold an occasional special event that would require a temporary closure of the focal point pedestrian connection that is expected to connect mid-block at the terminus of Birch Road and Discovery Falls Drive through the center of the CPF -1 site to the Village paseo. In conformance with the policies of the Otay Ranch GDP and Village Eleven SPA Design Plan, the design review checklist from the Village Core Master Precise Plan provides that the CPF-I site must provide and maintain certain mandatory site plan elements. It is expected that if the relocation and reconfiguration of the CPF-I site and the Town Square Park (P-4) sites occurs, that these mandatory site plan elements will be retained. 16-6 Date, Item No.: I (P Meeting Date: 2/5/08 Page 7 of 8 Staff and the applicant agreed prior to the submittal of this application that mandatory site plan elements such as (1) "outdoor rooms" such as courtyards, plazas, and arbor walkways, and (2) a pedestrian connection to the paseo would be retained at the focal point center of the village on the CPF-1 site, where the Town Square Park (P-4) is currently located. As..noted in the background discussion, prior to making the CUP application the applicant agreed to provide (1) the central plaza as the open space focal point view at the terminus Birch Road as a community gathering space accessible to the public, and (2) the pedestrian path through the central plaza to the village paseo as a pedestrian path accessible to the public. Reference to these "outdoor rooms" may be described as either "public access" open space, which is the language used in the Otay Ranch General Development Plan (GDP) for public or privately owned open space within a village core, or they may be described, as open space accessible to the public. Both the CPF-l site and the Town Square Park (P-4) will be privately owned community facilities that create open space and pedestrian oriented features, allowing the surrounding community and general public to have direct access to and through the village core focal point through elements such as courtyards, plazas, and arbor walkways connecting to the village paseo as "open space accessible to the public" and "pedestrian connections accessible to the public." If the CUP application to be heard as part of this public hearing is approved for the CPF -1 site, the CUP will impose conditions for maintaining the mandatory site plan elements such as the (l) open space accessible to the public and (2) the pedestrian connections accessible to the public in conformance with the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan amendment and Revised Tentative Map conditions. CONCLUSION Staff recommends that the proposed SPA Amendment, Master Precise Plan Amendments and Revised Tentative Map be approved subject to and conditioned upon the reversal of the Planning Commissions denial of the Conditional Use Permit; otherwise, this action should be automatically revoked and be of no force and effect ab initio. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. FISCAL IMP ACT The proposed project will not have an impact on the City's General Fund, and there are no fiscal impacts to the City coming from the preparation of the reports and resolutions for these discretionary applications, as all costs are covered by their respective deposit accounts. 16-7 Date, Item No.: I tt;, Meeting Date: 2/5/08 Page 8 of 8 ATTACHMENTS I. Locator Map 2. Existing/Proposed Village Core Site Plan Map 3. Proposed SPA / MPP Text Revisions and Table listing all figures and Exhibit Revisions 4. Addendum to the Village Eleven Environmental Impact Report (EIR-OI-02) 5. SPA Amendment and Revised Tentative Map Application Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: IPlanningIHAROLDIPCZ-07 -03 YCC-07 -024 _ CC _Report. doc J: IAttorneylDavidMlAgenda StatementsIPCM-07-05 YCS-07-02 _ CC _Report SPA Draft21_ 02-05-08. doc 16-8 ;4 1/AC/.hv1 C.u r .L / CHULA VISTA PLANNING AND LOC)CATOR ~~~~~T: Brookfield Shea LLC. PROJECT North of Windingwalk St & ADDRESS: South of Explorations Falls Dr SCALE: FILE NUMBER: No Scale PCM-Q7-05 BUILDING DEPARTMENT NORTH PROJECT DESCRIPTION: MISCELLANEOUS Project Description: Revised TM to allow the relocation of the P-2 Park site to the Southwest oomer of Winding Walk St & DisooveryFalls Dr. The lot acreages for both the CPF-2 site and the P-2 stte remain the same P-2 = 1.0 acres, CPF-2 = 5.5 acres). 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" ... 0 " ,,~ .S go] Y CI) ~ .~ u ~i~ ,,'" "" ..i: ~~ E-<~~ ~:S~ == = == S ~ ~ ] ~-:5 ,," " e-=~ ...:" . -c .'".: a ~ rJ'1 0 Q ~'';: 0. 0.. u e u ~ g..~<-d -5g..~ ~ I"JJ. "" =: -c .;: z;";~ ;!;~ ...0. ..: . :.:! ;9: ~= l'l;; .." . <;; ... 0. ~ . . t r;; . ~ !! ;; ~~u ::::l"'....>S ~lli 8~l8 ~ ~~ '" , , ~ N u -' -' ;; . 05 ~ " ~ ~ ~ . ~ LIST OF TEXT REVISIONS SPA Plan page 5-2 Design Plan pages 2-48 and 3-12 Parks, Recreation, Open Space and Trails Plan pages 1-6, 2-3, 2-8 Village Core Master Precise Plan Pages 17, 71 and 72 16-13 VILLAGE ELEVEN SPA PLAN Parks, Recreation, Open Space and Trails Neighborhood Park In conformance with the GDP, the net 7-acre neighborhood park is located in the village core. This location provides several benefits to the Village: it is within walking distance of the most densely populated portion of the village, its proximity to the community purpose facility and elementary school provide opportunities for shared facilities and programs, and its adjacency to the SDG&E/SDCW A easement optimizes vistas and spaciousness in the Village. This location also minimizes the negative affects of play field lights, noise and traffic on nearby residential neighborhoods. Park amenities will be in conformance with the City Parks and Recreation Department requirements. A conceptual plan for the neighborhood park is illustrated in Exhibit 11.2.5.-2. As illustrated in the conceptual plan, amenities could include a tot lot, ball fields, and court sports. Town Square The one-acre, privately owned and maintained town square is centrallv located in the village core at the terminus of a !lrimary entry slreet. The town square serves as the ~ village feeaI peiHt gathering place and reflects the pedestrian design and urban character of the village. Envisioned as a traditional, formally designed park or plaza, it will provide opportunities for passive recreation, community events, and a setting for public art. The mixed-use commercial, community purpose facility and multi-family residential developments will face towards the town square. A conceptual plan for the town square is illustrated in Exhibit II.2.5.-3. Private Recreation Facilities In addition to the neighborhood park and town square, the Village Eleven plan provides two private recreation facilities: a 3-acre park in the village core and a 3.8-acre facility in the eastern portion of the village. These private recreation facilities are centrally located at the terminuses ofthe village entry streets and paseos to create focal points in the village. The central location of these private facilities provides a variety ofrecreational opportunities within walking distance of residences. Recreational facilities in the village core site will augment the limited size and passive nature of recreational spaces within multi-family residential development and, as such, are proposed to be credited towards multi-family common open space requirements. The eastern facility will provide family-oriented recreational opportunities in close proximity to neighborhoods. The building, swimming pool and other facilities will be dedicated to the Community/Homeowners Association and made available for group meetings and programs and, as such, are proposed for CPF credit. Both private recreation facilities will provide open lawn, seating and picnic areas, and tot lots. Some facilities, such as community buildings and swimming pools, will be gated and available to members of the homeowners association and their guests. Conceptual plans illustrating potential amenities are illustrated in Exhibits 11.2.5.-4 and 5. Brookfield Shea Otay, LLC 5-2 16-14 October 9. 2001 Proposed Amendment VILLAGE ELEVEN DESIGN PLAN Overall Village Design 11.4.2.4 Parks & Private Recreation Facilities Village Eleven contains a public neighborhood park, a privately owned town square park and two private recreation facilities. These parks and recreation facilities have been located to create focal points in the village and to be accessible to all villagers. As focal points, they will provide aesthetic elements and contribute to village identity and they will function as meeting places for villagers seeking both passive and active recreational opportunities. To promote park and recreational facility access, paseos traverse neighborhoods and terminate at the facilities. Figure 11.4.2.4-1 illustrates the locations of parks, recreation facilities, paseos and trails in the village. The design of the parks and private recreation facilities will incorporate the Irving Gill- inspired design theme. The theme will be used in the design of buildings, plazas, shade structures, seating and picnic areas. Furnishings such as fountains, benches, fencing and lighting will also adhere to the village design theme. Landscaping will use trees to create accent and focal points as well as shade. Lawns will be used to create multi-use play and picnic areas. Masses of shrubs and ground covers will be used in place of lawns, where appropriate, to lower irrigation and maintenance costs. Parks and private recreation facilities will be designed in compliance with the City Design Manual and Landscape Manual. City- owned parks will be designed in compliance with the City's standards and guidelines for public parks. Town Square The one-acre privately owned town square (P-4), located in the village core, serves as the main !! village foeal }loint gathering place and reflects the pedestrian design and urban character of the village. Envisioned as a traditional, formally designed park, it will provide opportunities for passive recreation, community events, and opportunities for public art. The design of the town square should reflect its importance in the village. A strong design element, such as a structure or fountain, will be the focal point of the town square. That element will be designed in the Irving Gill-inspired village design theme. Shade and accent trees, shrubs, vines and groundcovers should create a setting for the focal point and support the design theme. A conceptual plan for the town square is illustrated in Figure 11.4.2.4-2. Neighborhood Park The 7-acre public neighborhood park (P-l), located in the village core adjacent to the elementary school, will provide active and passive recreational opportunities for village residents. The park is centrally located in the village to provide convenient access to village residents. The location of the neighborhood park between the SDG&E easement and the elementary school optimizes vistas and spaciousness in the village. This setting also minimizes the negative affects of play field lights, noise and traffic on nearby residential neighborhoods. Park amenities may include a multi-purpose open lawn, lighted ball fields and sport courts, picnic shelters, tot lot and a restroom facility andlor maintenance building. Brookfield Shea Otay, LLC 2-48 16-15 October 23. 2001 Proposed Amendment VILLAGE ELEVEN DESIGN PLAN Village Core Design 11.4.3.2 Site Planning The organization ofland uses in the village core provides for landmark focal points at village entries, compatible lands uses that can share pedestrian-oriented connecting open spaces, and orientation of buildings toward the street, with parking and utility areas located away from the street. The village core land use plan provides for the siting of land uses to adhere to the following guidelines: . Locate buildings in proximity to the village streets to create a "main street." . Locate entries at the street in close proximity to create articulation and interest in the street scene. . Locate landmark buildings and landscape features at the entry focal points and at prominent intersections within the village core. . Site buildings to create outdoor rooms and interconnected pedestrian paths between developments. . Subordinate vehicular access by locating parking lots, loading and service areas at the rear or sides of development and away from the public and pedestrian areas. . Centrally blocate the town square as a feeal peiat within the village ami gF011fl llUihiiags af011Rd the t0wa sqllare to serve as a communitv gathering place. . Provide for a village pathway or paseo to connect neighborhoods to the village core and create a pedestrian connection through the core. Figure 11.4.3.2-1 illustrates the village core concept plan. Brookfield Shea Olay, LLC 3-12 16-16 October 23,2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Introduction Village Eleven Parks Requirements Parks requirements for Village Eleven are described and determined by the Otay Ranch GDP, Chula Vista Municipal Code, Chula Vista Landscape Manual and Village Eleven SPA Plan as described below. Otav Ranch GDP In order to serve the recreational needs of Otay Ranch residents, a standard of 3 acres of land per 1000 residents shall be provided in the form of local parks. The GDP specifies that a minimum of 7 acres of public neighborhood park and a I-acre private town square be provided in the village and that the remaining acreage requirement be satisfied through contributions toward community parks located elsewhere in Otay Ranch. The park acreage requirement is determined by the number and type of dwelling units approved on the Village Eleven Tentative Map, in accordance with the Chula Vista Municipal Code. The Village Eleven SPA Plan provides a 7-acre neighborhood park in the village core and adjacent to the elementary school as required by the GDP. A one-acre town square is centrallv located to ereate a [oeal flaiRt in the village core, also in conformance with the GDP. The neighborhood park and town square provide a total of 8 acres towards the Village Eleven parks requirements. Within the village common open space are two private recreational facilities that provide additional park and recreation opportunities. The private recreational facilities are proposed to be credited towards Community Purpose Facilities and multi-family common open space. Chula Vista Municipal Code The City of Chula Vista Municipal Code, Chapter 17.10, Parklands and Public Facilities (12/94), establishes the method by which actual required park acreage is to be calculated, based on the number and type of residential units determined at the Tentative Map level. In accordance with Chapter 17.10, each single family dwelling unit generates a need for 423 square feet of developed parkland. Each attached, cluster housing, or planned unit development (either condominium or subdivided ownership) generates a need for 366 square feet of developed parkland. Each multi-family dwelling unit generates a need for 288 square feet of developed parkland. Based on 996 single family, 824 attached, and 484 multi-family units, the Code requires a parkland obligation of approximately 19.3 acres for Village Eleven. The Municipal Code also describes the requirements for provision of parks as land or in-lieu fees, as well as elements that may be required within neighborhood and community parks. The Village Eleven park obligation is met through the provision of 8 acres of park Brookfield Shea Otay, LLC 1-6 16-17 October 9. 2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Park & Recreation Program Private Recreation Facilities Private recreation facilities emphasize informal social and recreational activities. Facilities may include informal play areas, tot lots and seating areas. Town Squares Town squares are the i! focal points of the village core and provide the opportunity to create a social center in the village. Facilities may include plazas or open areas for village events and performances, seating areas, tot lots and play areas. Public Schools Public school buildings and outdoor play areas provide an opportunity for recreational activities within a village. The location of schools adjacent to parks enhance both uses and may allow for shared use of facilities. Commercial Centers Commercial areas within a village can provide recreational opportunities in the form of outdoor seating and eating areas. Businesses such as cafes, bookstores and bike shops promote leisure and recreational activities. Community Purpose Facilities Recreational activities that serve the village may be provided by a community purpose facility such as a church, Boys and Girls Club or similar non-profit entity. Facilities may include swimming pools, senior or teen centers and meeting rooms. Village Pathway, Paseos and Trails Special pedestrian and bicycle routes provide an opportunity for expanded recreation and for conveniently traveling to parks or other recreational sites within a village. Brookfield Shea Otay, LLC 2-3 16-18 October 9, 2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Park & Recreation Program Town Square Location The one-acre town square (P-4), located in the village core, serves as the maia a village focal Jloint gathering place and reflects the pedestrian design and urban character of the village. Park Facilities Envisioned as a traditional, formally designed park, the town square will provide opportunities for passive recreation and connnunity events. Figure II-3 illustrates a conceptual plan for the town square with the following facilities: . Focal point feature such as a gazebo, plaza or fountain . Seating areas . Open lawn areas . Paved walkways and lighting Ownership, Funding and Maintenance The town square site will be owned and maintained by a central business district, homeowners association or adjacent landowners. Improvements will be the responsibility of the applicant. Brookfield Shea Otay, LLC 2-8 16-19 October 9. 2001 Proposed Amendment Otay Ranch Village Eleven Core Master Precise Plan Design Guidelines Village Core District C. Village Core District The Village Core District is composed of the Mixed-Use/Commercial, Town Square, Community Purpose Facility, Private Recreation Facility, Elementary School and Neighborhood Park sites. This district within the core is the most structured and urban area within the core. The design intent is to be primarily pedestrian-oriented with subordinated vehicular activity. Pedestrian-friendly urban design elements include pedestrian scaled storefronts and lighting, amenities such as seating and shade trees, and social interaction spaces such as outdoor cafes and plazas. 1. Building Siting and Urban Character The organization of land uses in the Village Core provides for landmark focal points at village entries, compatible lands uses that can share pedestrian-oriented connecting open spaces, and orientation of buildings toward the street, with parking and utility areas located away from the street. The Village Core land use plan provides for the siting of land uses to adhere to the following guidelines: . Centrally l,locate the town square as a foeal point within in the village core to serve as a communitv gathering place and grOllp buildings arollBd the town square. . Locate landmark buildings and landscape features at the entry focal points and at prominent intersections within the Village Core. . Site buildings to create outdoor rooms and interconnected pedestrian paths between developments. . Locate buildings in proximity to the village streets to create a "main street." Building setbacks are prescribed for each street classification in the Village Eleven Design Plan. The Village Eleven PC District Regulations minimum building setback from the street is 15 feet, measured from the face of street curb. . Locate pedestrian entries at the street in close proximity to create articulation and interest in the street scene. Design emphasis on the entries improves the street scene and helps distinguish individual shops in a multi-tenant building. Storefronts shall incorporate display windows to encourage interaction with the street scene. . Each project or land use shall provide a well-articulated, identifiable entry for both the pedestrian and vehicle, from street/walkway to building. Project entries and connections to and into buildings shall be enhanced with landscaping, hardscape detail and architectural accents. . Subordinate vehicular access by locating parking lots, loading and service areas at the rear or sides of development and away from the public and pedestrian areas. . Provide for a village pathway or paseo to connect neighborhoods to the Village Core and create a pedestrian connection through the core. The following Exhibit 6 provides a perspective view of the Village Core from the Birch Road entry that illustrates these guidelines. Brookfield Shea Otay, LLC. 16-120 October 9. 2001 Otay Ranch Village Eleven Core Master Precise Plan Design Review Checklists TOWN SQUARE SITE (P-4) Design District: . Village Core Location: . Central aRa fecal peiat eHtry te in the village core at Birch Road/Village Batry Street. Planned Use: . Town square plaza or park. Permitted Use: . As permitted by the Otay Ranch Village Eleven Planned Community District Regulations. Building Design/Siting: · Village focal point reflecting the pedestrian design and urban character of the village. . Traditional design reflecting importance within the village. Pedestrian Access: · Highly pedestrian oriented with well-defined access and circulation to the Village Pathway and Village Core Promenade Streets and the paseo. Vehicle Access: . Vehicular circulation arolHld the square access from Village Core Promenade Street. . Parking on e!l!lesite siae ef street from square adiacent streets. Transit Access: . Transit stop located opposite square at Mixed-Use/Commercial site. Urban Character: . Formal, village f-oeal !loint gathering place. Mandatory Site Plan Elements: . Village Landmark with a strong design element such as a fountain or public art. . Traditional design reflecting importance within the village. . Shade and accent trees, seating areas and other pedestrian amenities. . Integrated pedestrian circulation throughout the site. . Integrated design with Village Promenade streetscape. Brookfield Shea Olay, LLC. 16""21 October 9, 200 f Otay Ranch Village Eleven Core Master Precise Plan Design Review Checklists COMMUNITY PURPOSE FACILITY SITE (CPF) Design District: o Village Core Location: o Central area of village core and village focal point at Birch Road/Village Entry. Planned Use: o Community Purpose Facility such as a church or community-serving institution. Permitted Use: o As permitted by the Otay Ranch Village Eleven Planned Community District Regulations. Building Design/Siting: o Landmark/focal point building location. o Primary pedestrian oriented edges along the Village Core Prorrienade Street (Discovery Falls). o Parking lot internal to site. Pedestrian Access: o Highly pedestrian oriented with well-defined access and circulation to the Village Core Promenade Street, Town SEJlIare, transit stop and paseo. Vehicle Access: o Vehicular access from Village Core Promenade Street. o Parallel parking on adjacent village streets and internal parking lot. Transit Access: o Transit stop located across Village Core Promenade Street. Urban Character: o Formal, articulated and highly detailed architecture towards Village Entry Street and Village Core Promenade Street. Mandatory Site Plan Elements: o Architectural Focal Point o "Outdoor rooms" such as courtyards, plazas, and arbor walkways. o Integrate design with Village Core Promenade streetscape. o Pedestrian connections to transit stop, Town Square, Private Recreation Facility and paseo. o Integrated pedestrian circulation throughout the site. o Parking lot internal to site. Brookfield Shea Olay, LLC. 16....22 October 9. 2001 ;4 rr;4CJI'/1-1 c:.j1./ r 1 ADDENDUM TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT FOR THE OTA Y RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENTS/ VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND TENT A TIVE MAP EIR-OI-02 SCH #200I031I20 DATE: Otay Ranch Village Eleven SPA and Tentative Map Amendment Southwest Comer ofWindingwalk Street and Birch Road Brookfield Shea LLC PCS-07-02, Revised Tentative Map PCS-07-05, SPA Amendment September 19,2007 PROJECT NAME: PROJECT LOCATION: PROJECT APPLICANT: CASE NO: I. INTRODUCTION This addendum has been prepared to provide additional environmental information and analysis to the Final Second Tier Environmental Impact Report 01-02 ("FEIR") for the Otay Ranch Village Eleven Sectional Planning Area Plan Project ("Project"). As the lead agency for the Project under the California Environmental Quality Act ("CEQA") (Pub. Resources Code, ~21000 et seq.), the City ofChula Vista ("City") prepared and conducted an environmental analysis of the Project. A Notice of Preparation was issued on March 30, 2001. A Draft Environmental Impact Report ("DEIR") was publicly circulated on July 13, 200 I. After a 45-day public comment period, the City prepared responses to those comments and included them in the FEIR. The FEIR evaluates the environmental effects of the adoption of the Otay Ranch General Development Plan (GDP) Amendments and Village Eleven Sectional Planning Area ("SPA") Plan and Tentative Map. On October 23, 2001, the City Council approved the Project and certified the FEIR (EIR 01-02) for the Otay Ranch GDP AmendmentsNillage Eleven Sectional Planning Area Plan and Conceptual Tentative Map, and approved the Sectional Planning Area (SPA) Plan for Otay Ranch Village Eleven, consisting of single-family and multi-family residential homes, community facilities, and commercial acreage. A modification to the SPA Plan and Tentative Map for Village Eleven has been proposed, which would swap the CPF-I site with the P-2 (Town Square) site, maintaining the same acreages. Figure 1 shows the proposed tentative map for the Otay Ranch Company property in Village Eleven. Addendum to EIR 01-02 1 6-~3 II. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final environmental impact report. Section 15162 of the State CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more ofthe following: (I) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Addendum to EIR 0 I -02 16lz4 In the event that one of these conditions would require preparation of a subsequent EIR but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the lead agency could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, 915163, subd. (a).) Thus, the City must consider under the standards articulated above whether there will be previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, 9915162,15163,15164, subd. (a).) As the discussion below demonstrates, implementing the Project with the modifications to the SPA Plan for Village Eleven would result in no new environmental impacts, or no more severe impacts, than were disclosed in the FEIR for the Project. Therefore, it is appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, 915164. Section 15164 states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162" and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, 915164, subd. (e).) The addendum need not be circulated for public review but may simply be attached to the Final EIR. (Ibid.; CEQA Guidelines, 915164, subd. c.) A modification to the SPA Plan and Tentative Map for Village Eleven does not constitute a substantial change to the previously approved project, nor would substantial changes occur with respect to the circumstances under which the project would be undertaken. In addition, no new information of substantial importance has been identified that shows that the proposed project will result in significant effects not discussed in the previous EIR or significant effects that would be more severe than those identified in the previous ErR. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared an addendum to FEIR 01-02 to address the proposed changes to the project. III. PROJECT SETTING The Village Eleven project area is located in the northeast portion of the Otay Valley Parcel of the Otay Ranch General Development Plan, south of Olympic Parkway and the residential community of Eastlake Greens; west of Hunte Parkway; and east of the Salt Creek area. The Village Eleven SPA project area includes approximately 489 acres. IV. PROJECT DESCRIPTION The proposed amendment to the Village Eleven SPA Master Precise Plan reconfigures the CPF and Town Square sites to improve their design potential. The proposed amendment is the result of site studies to locate the Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment will create a more functional CPF site by relocating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both the CPF and Town Square Addendum to EIR 01-02 16.]25 will be maintained and their design will be consistent with the approved Village Eleven SPA Master Precise Plan V. ANALYSIS The proposed modifications to the Otay Ranch Village Eleven SPA Plan and Tentative Map addressed in this addendum (and described above) would not result in new or different impacts than that which were described in the FEIR for the SPA plan. None of the proposed changes to the Village Eleven SPA plan would result in either a change in significant impacts or the adopted mitigation measures. A summary of the potential impacts due to the modification to the Village Eleven SPA plan are discussed below. Land Use The land use changes addressed in this addendum would have no effect on the impacts and conclusions described in the Land Use section of the FEIR. Development of the Village Eleven Sectional Planning Area (SPA) Plan was evaluated in the Final Second Tier EIR 01-02 for the Otay Ranch GDP AmendmentsNillage Eleven Sectional Planning Area Plan, and Conceptual Tentative Map that was certified on October 23, 2001. The SPA amendment proposed would modify zoning by: swapping the 5.5-acre Community Purpose Facility (CPF-I) site with the 1- acre Town Square Park (P-2) site, reconfiguring the two sites to improve their design potential; relocate the City's pedestrian easement from the center of the CPF-I site to the northern end of the site; and require, through a conditional use permit, that a pedestrian connection replace the City's relocated pedestrian easement through the modified CPF-I site to maintain pedestrian orientation in the Village. The proposed amendment is the result of site studies to locate Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment would create a more functional CPF site by relocating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both the CPF and Town Square would be maintained and their design would be consistent with the approved Village Eleven SPA Master Precise Plan. The proposed changes would also be in conformance with the Otay Ranch General Development Plan (GDP) and the City of Chula Vista General Plan. The GDP requires that a focal point pedestrian gathering place feature be provided within the village core of every Village SPA Plan. To provide and maintain this requirement, (as specified in the Village Eleven SPA Plan and Village Core Master Precise Plan), any site plan submitted for approval of the CPF-I site shall include a plaza or public use square at the same focal point location where the original Town Square (P-2) was planned. The GDP also requires that pedestrian orientation be maintained in every Village SPA Plan. The SPA Plan amendment and revised tentative map will allow for relocation of the City's existing pedestrian easement that runs from Discovery Falls to the Village Eleven paseo, to the northern end of the CPF-l site. And, through a conditional use permit for the site, require that a pedestrian connection replace the City's existing pedestrian easement. Addendum to EIR 01-02 16-4z6 The City of Chula Vista General Plan designates the CPF and Town Square parcels as mixed-use residential. The proposed modification to the SPA Plan would be consistent with the City of Chula Vista General Plan designations, the Otay Ranch General Development Plan (GDP), and the land use designation identified in the Village II SPA Plan, as described in the FEIR. The modified zoning designations would not result in any new land use compatibility issues and would not conflict with any applicable management or conservation plans. VI. CONCLUSION The proposed modification to the Otay Ranch Village Eleven SPA Plan and Tentative Map would not cause any new or more severe physical impacts nor require any additional mitigation measures that were not already addressed in the FEIR. As such, the analysis and conclusions presented in the FEIR are not changed by the proposed action. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the revisions to the proposed Project will result in only minor technical changes or additions to the Project, and that none of the conditions for preparing a subsequent or supplemental EIR, as identified by Sections 15162 and 15163, exist. Therefore, the preparation of this Addendum is appropriate to make the FEIR adequate under CEQA. References: Otay Ranch Village Eleven Sectional Planning Area and Tentative Maps Environmental Impact Report 01-02 Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan Title 19, Chula Vista Municipal Code Addendum to EIR 01-02 5 16-27 REVISED TENTATIVE MAP (GV.T. 01-11C) GTAY RANCH - VILLAGE 11 WINDINGWALK CITY OF CHULA VISTA, CALlFOINIA ~- I It., d ~_....)....- VICINITY MAP KEY MAP sc......,....JOO 16-28 "..'>, ",;.y.,.; FIGURE ! ~!f? -r- ENVIRONMENTAL CHECKLIST FORM mY OF CHULA VISTA 1. Name of Proponent: Brookfield Shea LLC Adam Pevney, Vice President 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 12865 Pointe Del Mar, #200 Del Mar, CA 92014 (858) 481-8500 4. Name of Proposal: Otay Ranch Village Eleven SPA and Tentative Subdivision Map Amendment 5. Date of Checklist: September 19, 2007 6. Case No.: PCM-07-05 and PCS-07-02 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substantially damage scenic resources, including, 0 0 0 . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 . quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views o o o . 16-29 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the area? Comments: The proposed SPA Amendment would reconfigure the CPF-I site by moving the P-2 (Town Square) site from the terminus of Birch Road to the intersection of Discovery Falls and Windingwalk Street. Thus, the Town Square would be situated on a comer, rather than at the terminus of a road and a landmark building could be located at the terminus of Birch Road. These changes are considered negligible with respect to landform alteration and aesthetics. No additional impacts to aesthetics are anticipated. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? o o o . Comments: The FEIR determined that significant, unmitigated impacts would occur due to the loss of agricultural land as a result of implementing the entire Village Eleven SPA Plan. A Statement of Overriding Considerations was adopted at the time the Village Eleven FEIR was certified. Modifications to the SPA Plan, which includes swapping the CPF-t site with the P-2 (Town Square) site, would not result in any additional impacts to agricultural land than what was previously analyzed in the FEIR. m. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? o o o . 1 6-~O Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated b) Violate any air quality standard or contribute 0 0 0 . substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 0 0 0 . of any criteria pollutant for which the project regIon IS non-attainment under an applicable federal or state ambient air quality standard (including releasing ennsslOllS, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 0 0 . concentrations? e) Create objectionable odors affecting a substantial number of people? o o o . Comments: The FEIR determined that significant, unmitigated air quality impacts would occur as a result of implementing the entire Village Eleven SPA Plan. A Statement of Overriding Considerations was adopted at the time the FEIR was certified. Modifications to the SPA Plan, which include swapping the CPF-l site with the P-2 (Town Square) site would not result in any additional air quality impacts than what was analyzed in the FEIR. Short-term construction impacts to air quality are not expected to be exacerbated by the proposed modifications. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? o o o . b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community o o o I 1 6-~ 1 Issues: identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact I I I . The project site has been graded as allowed under the FEIR and the site is currently devoid of any sensitive plant or animal species or habitats. No impacts to biological resources will occur. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines S 15064.5? 16-12 o o o . Issues: b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines S 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside offormal cemeteries? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o . o The FEIR did not have any mitigation measures for cultural resources. The project site has been graded as allowed under the FEIR and is currently devoid of any artifacts. No impacts to cultural resources will occur with the proposed SPA amendment. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: L Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii. Strong seismic ground shaking? iii. Seismic-related liquefaction? ground failure, including 1 6-~3 o o o . o o o . o o o . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated IV. Landslides? D D D . b) Result in substantial soil erosion or the loss of D D D . topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? D D . d) Be located on expansive soil, creating substantial risks to life or property? D D D D . e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? D o . Comments: D The modification to the SPA Plan for Village Eleven would not result in any previously unidentified geophysical impacts or require any new mitigation measures. No major geologic conditions would constrain the development of the site as proposed in the modified SPA Plan. Implementation of Mitigation Measures 5.5-1 through 5.5-5 in the FEIR would mitigate any potential geophysical impacts. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the envirorunent through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 16-~4 D D D . D D D . Issues: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact d) Be located on a site which is included on a list of h=dous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant h=d to the public or the environment? Less Than Significant Impact o o o . e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? o o . t) For a project within the vicinity of a private airslrip, would the project result in a safety hazard for people residing or working in the project area? o o o . g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? o o o o . h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o . Comments: o o o . o The FEIR did not identify any public safety (hazards) impacts associated with the proposed development of the Village Eleven area, beyond what was identified by the Program EIR 90-01. Complying with Mitigation Measure 5.J 4-1 of the FEIR would ensure that no significant hazardous impact would result from the proposed SPA amendment to swap the locations of the CPF-I and P-4 (Town Square) sites. 16-35 Issues: VllI. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303( d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse iropact on groundwater quality? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Tha n Significant Impact o o . o o o o . c) Substantially alter the existing drainage pattern of the 0 0 0 . site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the 0 0 0 . site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 100- year flood hazard area which would iropede or redirect flood flows? e) Expose people or structures to a significant risk of 0 0 0 . loss, injury or death involving flooding, including 16-~6 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? o o o . Comments: The changes associated with the proposed SPA amendment would not affect the water resources and water quality determinations made in the FEIR. The application of water resources and water quality Mitigation Measures 5.9-1 through 5.9-4, as detailed in the FEIR, would ensure that there are no significant impacts to water resources and water quality. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? o o o . b) Conflict with any applicable land use plan, policy, 0 0 0 . or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 0 0 0 . plan or natural community conservation plan? 16-g7 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The SPA amendment proposed would modifY zoning by swapping the CPF-l site with the P-2 (Town Square) site. No new or additional significant impacts have been identified for the proposed change. Refer to the attached Addendum for more information. x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . Comments: The FEIR determined that no significant impacts with respect to mineral resources would occur within the Village Eleven SPA area The proposed project sites are located within the same area as evaluated by the Village Eleven FEIR and will not result in any new impacts to mineral resources. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels 0 0 0 . III excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 0 0 . groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise 0 0 0 . levels in the project vicinity above levels existing 16-308 Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated without the project? d) A substantial temporary or periodic increase III D 0 0 . ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan D 0 0 . or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? D o o . Comments: The FEIR determined that residential development within the Village Eleven area would be exposed to significant impacts from roadway noise and requires mitigation measures to reduce this impact to a less than significant level. The changes associated with the proposed SPA amendment would not affect the noise determinations made in the FEIR or expose sensitive receptors to any change in noise levels. The application of noise Mitigation Measures 5.12-1 through 5.12-3, as detailed in the FEIR, would ensure that there is no significant noise impact. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? D o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D o o . c) Displace substantial numbers of people, D o o . 16-SIg Issues: Potentially Significant Impact Less Than Significant With Mitigation Incol'"porated Less Than Significant Impact No Impact necessitating the construction of replacement housing elsewhere? Comments: The proposed SPA Plan amendment would not result in population growth in Village Eleven; it would not involve any changes in proposed land uses and would only involve a minor location change. The anticipated population generated from the project would remain the same as evaluated in the Village Eleven FEIR. Since the project sites are not zoned residential, the changes associated with the proposed amendment would not result in the displacement of existing housing. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a. Fire protection? 0 0 0 . b. Police protection? 0 0 0 . c. Schools? 0 0 0 . d. Parks? 0 0 0 . e. Other public facilities? 0 0 0 . Comments: The proposed project proposes only a minor change in location of the CPF-l and P-2 sites; no new land uses are proposed. Therefore, demands for governmental services and public facilities will not be affected by the proposed SPA amendment. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility o o o . 16-it'o Issues: would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . The proposed SPA amendment would change the locations of the CPF-I and P-2 (Town Square) sites; however, their uses would remain the same. The proposed SPA amendment would not result in increased demand in recreational facilities beyond those needs already evaluated in the Village Eleven FEIR. No impacts to recreational facilities are anticipated. XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 1 6-lf1 o o o . o o o . o o o . o o o . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated e) Result in inadequate emergency access? 0 0 0 . f) Result in inadequate parking capacity? 0 0 0 . g) Conflict with adopted policies, plans, or programs 0 0 0 . supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: All traffic-related impacts analyzed in the FEIR are expected to be unchanged with the implementation of the proposed SPA amendment for Village Eleven. The proposed SPA Amendment would not change land uses, rather the locations of the CPF-l and P-2 (Town Square) sites would be swapped. Implementation of Mitigation Measures 5.10-21 through 5.10-27 in the FEIR would reduce any potential traffic impacts to intersections and street segments. Thus, no impacts to traffic and circulation are anticipated. Pedestrian connections and flow would be maintained with a City easement being relocated from the center of the CPF-l site to the northern edge, as well as requiring, through a conditional use permit, a pedestrian connection to replace the relocated City easement XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o . b) Require or result in the construction of new water or wastewater treatment facilities or expansion 0 f existing facilities, the construction of which could cause significant environmental effects? o o o . c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o o o . 16-lfl2 Issues: d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Comments: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . o o . o o o . o o o o . The proposed modification to the SPA Plan for Village Eleven would require only minor aIterations to any of the planned service systems. The land uses would remain the same with the proposed change and the project area would continue to be served by utility and service system infrastructure provided through the development of Village Eleven. No additional impacts to utilities and service systems would be anticipated. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 1 6-4'8 o o o . Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. c) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of7.5 minutes or less. Comments: The FElR states that potential impacts to law enforcement services would be mitigated by compliance with the Law Enforcement Services Master Plan for Otay Ranch and payment of mitigation fees. Since the population generation rate would remain the same, the proposed amendment to the Village Eleven Plan would not result in substantial changes in the ability to deliver adequate law enforcement services to the project area. No significant impacts to law enforcement services are anticipated with the proposed change. C) Fire and Emergencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured armually). Comments: The FEIR states that potential impacts to fire protection and emergency medical services would be mitigated by compliance with the Fire Station Master Plan and payment of fees. Since the population generation rate would remain the same, the proposed amendments to the Village Eleven SPA Plan would not result in substantial changes in the ability to deliver adequate services to the project area. Therefore, no significant impacts to fire protection and emergency medical services are anticipated with the proposed change. The Findings of Fact adopted for the FEIR found that the 1 6-lf4 Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . o o o . Issues: Village Eleven SPA Plan and the Olay Ranch Village Eleven SPA Public Facilities Finance Plan (PFFP) would meet projected demands for fIre and EMS services. No additional impacts to fIre and EMS services are anticipated. D) TraffIc The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofl-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. Comments: No additional traffic impacts associated with the proposed SPA Plan modifIcation are anticipated because swapping the locations of CPF-I and P-2 will not involve change of land use. The application of traffic mitigation measures 5.10-21 through 5.10-27, as presented in the FEIR, would be required for the modified project and would reduce the potential for exceeding the City's Threshold Standards for traffIc to a less than signifIcant level. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilitiesll ,000 population east ofl-805. Comments: Since the projected population is expected to be the same with or without the proposed changes, there is no affect on the demand for additional parkland or recreational servtces. F) Drainage 1 6-45 Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporated o o o Less Tha n Significant Impact o o o No Impact . . . Issues: The "Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. Comments: The proposed amendment of the Village Eleven SPA Plan would not substantially alter the drainage over that analyzed in the FEIR. The modifications to the SPA Plan would not impede the project's ability to comply with City Engineering Standards, and would not result in any impacts not previously considered. G) Sewer The "Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. Comments: The proposed SPA amendment is not anticipated to cause changes in projected sewage flows and volumes. The location changes for CPF-l and P-2 can be adequately accommodated in the proposed sewer system. H) Water The "Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 16-W6 PotentiaJly Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No Impact . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The proposed modification to the SPA Plan for Village Eleven would not result in a substantial change to the drainage pattern of the site as analyzed in the FEIR. Potentially significant hydrology/water quality impacts identified in the FEIR would be mitigated to a less than significant level by Mitigation Measures 5-9.1 through 5.9-4. 16-41 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . a) The proposed modification to the SPA Plan for Village Eleven would not degrade the quality of the environment because the changes are consistent with the issues analyzed in the FEIR. b) The proposed modification to the SPA Plan for Village Eleven would be consistent with the issues analyzed in the FEIR, with respect to short-term and long-term environmental goals. No impacts are anticipated. c) Cumulative effects related to the development of Village Eleven were considered in the FEIR. The proposed Village Eleven SPA amendment would not result in additional cumulative effects that were not considered in the FEIR. The proposed land uses for CPF-I and P-2 would remain the same; therefore, cumulative impacts will be the same as analyzed in the Village Eleven FEIR. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No additional mitigation measures are required.. 1 6-4~ xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained in the Mitigated Negative Declaration (18-07-022), and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. Printed Name and Title of Applicant (or authorized representative) Signature of Applicant (or authorized representative) Date Printed Name and Title of Operator (if different from Applicant) Signature of Operator (if different from Applicant) Date 16-~lg XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning o Population and Housing o Geology/Soils o Agricultural Resources o Hydrology/Water o Air Quality o Paleontological Resources o TransportationlTraffic o Biological Resources o Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics o Hazards and Hazardous Materials o Cultural Resources o Noise o Recreation o Mandatory Findings of Significance 16-SO XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier Em or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ElR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. :l,?fr hula Vista 23 16-51 o o o o o . f""" _i' ;~ r:f7T4Cf-fMCA/1 S Planning & Building Department Planning Division I Development Processing 0lY OF CHUIA VISfA APPLICATION. DEVELOPMENT PROCESSING. TYPE B Part 1 Type of Review Requested o General Plan Amendment o General Development Plan 0 New (or) 0 Amendment 12( SPNSpecific Plan 0 New (or) [!?Amendment o Zone Change [gJ Tentative Subdivision Mal{ A"^~",,e.->vj- ) D Annexation o Other. Application Information Applicant Name: Brookfield Shea LLC Applicant Address: 12865 Pointe Dei Mar. # 200. Del Mar. CA 92014 Contact: Ron Grunow. Vice President Phone: 858-481-8500 Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) i:8l Own 0 Lease 0 In escrow 0 Option to purchase Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens St. SO CA 92121 Contact: Marvbeth Murrav Phone: 858-558-4500 Primary contact is: i:8l Applicant 0 Agent 0 Email address of primary contact: mmurravra>.hunsakersd General Project Description (all types) Project Name: Otav Ran~h Viii 11 Ph 3 Rev TM (CPF-1) Proposed Use: Park. CPF Site (CPF-1 P-20nlv) General Description of Proposed Project: Revised TM to allow the reiocation of the P-2 Park Site to the southwest corner of Windinqwalk Street and Discovery Falls Drive. The lot acreaqes for both the CPF-2 site and the P-2 site remain the same (P-2 = 1.0 acre. CPF-2 = 5.5 acres). Subject Property Information (all types) Location/Street Address: North of Windinawaik Street and south of Exploration Falls Drive Assessor's Parcel #: 643-610-22.24 Total Acreage: 6.5 Redevelopment Area (if applicable): ~ General Plan Designation: MU (per Olav GDP) Zone Designation: PC (Zonlna Distrlct=P and CPF) Planned Community (if applicable): Otav Ranch Viliaoe 11 Current Land Use: Vacant Within Montgomery Specific Plan? 0 Yes i:8l No General Plan Amendment Proposed Land Use Designation: n/a Justification for General Plan change: n/a 16-52 ?7R ~n1lrth A\Jt:onllA I r:hllb \lid:=! I r:~lifnrni:;:l t Q1Q1n I fR1Q\ RQ1_1:\1/11 Planning & Building Department Planning Division I Development Processing 01Y OF CHUlA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 1 Type of Review Requested o General Plan Amendment o General Development Plan 0 New (or) 0 Amendment ra" SPNSpecific Plan 0 New (or) [B'Amendment o Zone Change IZI Tentative Subdivision Mar:{ A,V'...,..2.."",---+- ) o Annexation o Other. Application Information Applicant Name: Brookfieid Shea LLC Applicant Address: 12865 Pointe Del Mar. # 200. Del Mar. CA 92014 Contact: Ron Grunow. Vice President Phone: 858-481-8500 Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) IZ1 Own 0 Lease 0 In escrow 0 Option to purchase Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens SI. SO CA 92121 Contact: Marvbeth Murrav Phone: 858-558-4500 Primary contact is: IZ1 Applicant 0 Agent 0 Emaii address of primary contact: mmurravlalhunsakersd General Project Description (all types) Project Name: Otav Ranch ViII 11 Ph 3 Rev TM (CPF-1) Proposed Use: Park. CPF Site (CPF-1 P-20nlv) General Description of Proposed Project: Revised TM to allow the relocation of the P-2 Park Site to the southwest corner of Windinowalk Street and Discovery Falls Drive. The lot acreaoes for both the CPF-2 site and the P-2 site remain the same (P-2 - 1.0 acre. CPF-2 = 5.5 acres). Subject Property Information (all types) Location/Street Address: North of Windinowalk Street and south of Exploration Falls Drive Assessor's Parcel #: 643-610-22.24 Total Acreage: 6.5 Redevelopment Area (if applicable): ~ General Plan Designation: MU (per Otav GDP) Zone Designation: PC (Zonino District=P and CPF) Planned Community (if applicable): Otav Ranch Villaoe 11 Current Land Use: Vacant Within Montgomery Specific Plan? 0 Yes IZ1 No General Plan Amendment Proposed Land Use Designation: n/a Justification for General Plan change: n/a 16-53 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 mY OF CHUlA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 2 General Development Plan General Development Plan Name: Otav Ranch Proposed Land Uses f Total Acres: Commercial I Acres Parks I 1.0 Acres Community Purpose I 5.5 Acres Public/Quasi I Acres Print applicant name: Marvbeth Murrav Vt",-,""",'c.ILe.-v- ,-r- f'<.(<;O( ~ <~ 5 Applicant Signature:~~ Date: 9-14-06 Prin; owner name*: Ron Gruno~ Owner signature~ " .- * Proof of ownership may be re /" Residential I Range: Single Family Detached I Single Family Attached I Duplexes I Apartments I Condominiums I TOTALS I Annexatiotl Prezoning: nfa Tentative Subdivision lIIlap Subdivision Name:Otav Ranch Minimum lot size: n/a Zone Change o Rezoning Proposed zoning: n/a Authorization 27. Industrial I Schools I Circulation I Open Space I Acres Acres Acres Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres LAFCO Reference #: n/a Number of units: n/a CV Tract #: 01-11rCl Average lot size:n/a o Prezoning o Setback Date: 9-14-06 er of consent may ~~~~fd in lieu of signature. venue I Chula Vista I California I 91910 I (619) 691-5101 OTAY RANCH VILLAGE 11 SPA AMENDMENT DESCRIPTION & JUSTIFICATION Septernberl4,2006 AMENDMENTl Reconfiroration of CPF Site and Relocation of Town Square (P-4) Site Description The proposed amendment to the Village Eleven SPA Master Precise Plan reconfigures the CPF and Town Square sites to improve their design potential. The proposed amendment is the result of site studies to locate the Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment will create a more functional CPF site by re-locating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both CPF and Town Square will be maintained and their design will be consistent with the approved Village Eleven SPA Master Precise Plan. Justification The Otay Ranch GDP requires civic presence facilities in the village core that "may be a hallmark of the character of the village and help to create a focal point for village activity." Uses included for the civic presence facilities include a public plaza, Town Square, churches, day care and community purpose facilities. The GDP requires that a minimum one-acre Town Square park be located in some village cores to serve village residents. The GDP further requires Village Eleven to provide "A Town SquareNillage GreenlMain Street" in the village core. The proposed amendment is consistent with the GDP because it maintains the church as a civic presence and it maintains the Town Square as a central focal point within the village core: The Village Eleven SPA, Design Plan, Park Plan and Core Master Precise Plan describe and illustrate a Town Square located at the terminus of Birch Road. This location fulfilled the GDP requirements for a one-acre park focal point and also assumed that CPF buildings could be arranged around the site to create the traditional Town Square. The SPA and Core Master Precise Plan site plans were conceptual and not based on any actual CPF tenant. The Concordia Lutheran Church facility requirements are more extensive than anticipated by the SPA concept plan. The church development includes five buildings that need to be grouped together and connected with plazas and sidewalks. Three buildings, the sanctuary, community building and activity center, are optimally grouped around a central plaza to create an outdoor gathering place and focal point. The church facilities also include outdoor play areas, passenger loading areas and parking to accommodate the various functions of the facility. The Concordia Lutheran Church can be accommodated within the CPF acreage but the shape of the CPF site is too constraining for a functional site plan for the church. The functional needs of the church, such as close access between buildings, cannot be achieved if the buildings are separated and sited around the Town Square as illustrated in the SPA conceptual design plans. The reconfiguration of the CPF site into a simple rectangle (as opposed to the "C" shape) provides for better site design. 16-55 n___ 1 _r A OTA Y RANCH VILLAGE 11 SPA AMENDMENT DESCRIPTION & JUSTIFICATION September 14, 2006 The proposed re-Iocation of the Town Square is consistent with the GDP, Village Eleven SPA and Parks Plan. The new central location of the Town Square maintains its status as a focal point in the village core. The Town Square will be bordered by church buildings on the north and west; Windingwalk Street and multi-family residential to the south; and Discovery Falls Drive and live/work buildings to the west. The buildings surrounding the Town Square will reinforce its character as a urban village gathering place. A tree-lined pedestrian path will connect through the Town Square to provide a segment of the village pathway. This segment will connect to the paseo to the west and to the widened sidewalk along Birch Road. The Village Eleven Parks, Recreation, Open Space and Trails Plan provides a description of the Town Square on page 2-8. This plan describes the Town Square as "located in the village core, serves as the main village focal point and reflects the pedestrian design and urban character of the village." Facilities are "envisioned as a traditional, formally designed park" that "will provide opportunities for passive recreation and community events." The proposed Town Square will provide the required facilities listed below and be designed with functional spaces for community events and daily community interaction. Focal point feature such as a gazebo, plaza or fountain Seating areas Open lawn areas . Paved walkways and lighting The proposed amendment will maintain the Core Master Precise Plan mandatory requirements (illustrated in Exhibit 28, page 74): . A village landmark at the terminus of Birch Road . Village landmark buildings at the terminus of Birch Road "Outdoor rooms" . Parking lots internal to the site A pedestrian paseo Pedestrian connections across Discovery Falls Drive . Village Core Promenade streetscapes The Core Master Precise Plan also requires an architectural focal point near the comer of Discovery Falls Drive and Windingwalk Street. The amendment will replace that requirement with a village landmark within the relocated Town Square. An illustration of the relocated Town Square and mandatory elements is provided to replace the Village Eleven Core Master Precise Plan, Exhibit 28, CentraLVillage Core Concept Plan. 16-56 n~~~"\_.t'A RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTAY PROJECT L.P. WHEREAS, Exhibit "A" is commonly known as the Sectional Planning Area (SPA) Plan Site Utilization Plan Map exhibit; and, WHEREAS, an application (PCM-07-05) to amend the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning and Building Department on October 2, 2006, by Brookfield Shea Otay Project L.P. (Applicant); and, WHEREAS, the application requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan including the Village Core Master Precise Plan (MPP), modifying the text and exhibits as necessary in order to allow for the relocation and reconfiguration of the Town Square Park (P-4) and the Pedestrian Easement across the 5.5-Acre Community Purpose Facility (CPF-l) site (Project); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document; and, WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to all residents and property owners within the boundaries of Otay Ranch Village Eleven at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, J:\AltomeylRESO\PLANNING\?CM-07-05_ Y_Il_SPA_Amend_CCReso_Spa Reso Dra,~~gsr Resolution No. 2008- Page 2 WHEREAS, the Planning Commission recommended denial by a vote of 5-2-0-0 of the Project and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City ofChula Vista on said Project; and, 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 hearing held on November 14, 2007 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. Ill. ACTION Based on the evidence and record presented, including the Addendum and FEIR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR. The City Council hereby approves the amendment to the Otay Ranch Village Eleven SPA Plan, including the Village Core Master Precise Plan, to allow for the relocation and reconfiguration of the Town Square Park (P-2) and the relocation of the recorded Pedestrian Easement from the center of the 5.5-Acre Community Purpose Facility (CPF-I) site to the northern boundary of the 5.5-Acre Community Purpose Facility (CPF-l) site. The amendment shall incorporate all of the changes in text and exhibits identified on Exhibit "A." The approval of the amendment is based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General J:\Attomey\RESO\PLANNING\PCM-07-05_ V_ll_SPA_Amend_CCReso_Spa Reso Dra,~~gr Resolution No. 2008- Page 3 Development Plan, and all other applicable Plans. The public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH VILLAGE ELEVEN SPA PLAN AMENDMENT IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The SPA amendment is consistent with the Otay Ranch General Development Plan (GDP) and the City of Chula Vista General Plan. In addition, this SPA amendment and the accompanying revised Tentative Map include conditions to ensure conformity with the Otay Ranch GDP and the General Plan. The amendment requires revisions throughout the Otay Ranch Village I I SPA Plan and Village Core Master Precise Plan text and exhibits to accommodate the reconfiguration of the Community Purpose Facility (CPF-I), which proposes the relocation of the Town Square Park (P-4) from the center of the CPF-I site at the terminus of Birch Road to the northwest corner of Discovery Falls Drive and Windingwalk Street, and the relocation of the recorded public easement from the center of the 5.5-Acre CPF-I site to the northern boundary of the CPF site. With regard to the relocation of the Town Square Park (P-4), a focal point open space accessible to the public shall be provided in the form of a central plaza or square on the CPF-I site at that same focal point location that the Town Square was originally located as a condition of approval on any site plan submitted for a Conditional Use Permit for the CPF-I site. With regard to the relocation of the recorded public easement through the center of the site from the village pathway on Discovery Falls Drive to the west to the Village Pas eo to the east, the recorded public easement will be relocated to the northern boundary of the CPF-I site, and a pedestrian connection accessible to the public shall be provided through the approximate center of the CPF -I site at the same location that the recorded public easement was previously located, or from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east as a condition of approval for a Conditional Use Permit for the CPF-I site. These requirements are necessary in order to make the findings that the proposed revisions still provide and maintain (I) an open space accessible to the public at and focal point center of the CPF-I site, and (2) a pedestrian connection accessible to the public at the approximate center of the CPF-I site, in fulfillment of the Village Eleven SPA Design Plan, Village Core Master Precise Plan, and Otay Ranch General Development Plan policies which call for provision of open space or community gathering places along with pedestrian connections and J:lAltomey\RESO\PLANNING\PCM-07-05_ V_ll_SPA_AmCl'Id_CCReso_Spa Reso Dra915-.z:.~.t Resolution No. 2008- Page 4 pedestrian orientation in the village cores of every residential village of Otay Ranch. In addition, the relocated Town Square Park (P-4) will contain similar landscape elements that were envisioned in the previously approved plans for the Town Square Park (P-4), and will incorporate additional amenities to provide additional programmable uses with the Town Square Park (P-4). B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH VILLAGE ELEVEN SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village II SPA Plan amendment involves the reconfiguration of the Community Purpose Facility (CPF-I) site through the relocation of the Town Square Park (P-4) and the recorded public easement around a more consolidated 5.5-Acre Community Purpose Facility (CPF-I) site. However, in order to maintain the orderly sequentialized development of the SPA, the CPF-I site will be required to maintain an open space accessible to the public as well as pedestrian connection at the approximate center of the CPF -I site in order to maintain the open space and pedestrian orientation requirements within the village core. C. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SPA PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed amendment will not adversely affect adjacent land uses, residential enjoyment, circulation or environmental quality. Residential enjoyment of the CPF -I site will be maintained as long as the CPF -I site provides an open space accessible to the public at the same focal point as where the Town Square was originally located at the terminus of Birch Road and provides a pedestrian connection across the approximate center of the CPF-I site, from the Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian Paseo to the east. Maintaining the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the approximate center of the CPF-I site will provide the required open space and pedestrian orientation amenities established in the policies of the Village Eleven SPA Design Plan, Village Core Master Precise Plan, and Otay Ranch General Development Plan. Through the design review process, the owner and/or operator of the CPF-I site will work on providing visual and aesthetic treatment to the pedestrian connection j:\AUomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCReso_Spa Reso Dra'-s~t:erc Resolution No. 2008- Page 5 from the from the Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian Paseo to the east. In addition, it is expected that the owner and/or operator of the CPF-l site will work with surrounding homeowners and the Windingwalk Homeowner Association to ensure that their expectations for the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the approximate center of the CPF-l site will be maintained for the residential enjoyment, circulation or environmental quality of the surrounding community. For example, the owner and/or operator of the CPF-l site will coordinate with the Windingwalk Homeowner Association as to when and how the community will be notified in advance of any temporary closure of the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the center of the CPF-l site. The proposed Village Eleven SPA Plan amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch Village Eleven Final Second Tier EIR (EIR-OI-02) and the addendum that has been prepared for this amendment. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Project does not involve these Institutional, Recreational or similar uses. J:\Altomey\RESOIPLANNING\PCM-07-OS _ V_ll_SPA_Amend_CCRcso_Spa Reso Dra'-6~'6fc Resolution No. 2008- Page 6 F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the Village Eleven SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The Project will not add any new traffic volumes. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The project does not propose commercial development. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The area surrounding the proposed amendment areas on the Village Eleven SPA Plan was already planned and is being developed consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and is zoned in coordination and substantial compatibility with said development. The proposed amendment to the Village Eleven SPA Plan with conditions is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. V. CONDITIONS OF APPROVAL The City Council hereby grants the Village Eleven SPA Plan Amendment PCM-07-0S subject to the following conditions whereby the Applicant and all subsequent beneficiaries shall: A. The applicant for the Conditional Use Permit for the CPF-I site shall provide an open space accessible to the public in the form of a plaza or square at the same original focal point location of the Town Square Park (P-4) at the terminus of Birch Road, to the satisfaction of the Director of General Services, Engineering and Planning and Building. B. The applicant for the Conditional Use Permit for the CPF-I site shall provide a pedestrian connection across the approximate center of the CPF -I site from the Village Pathway on Discovery Falls Drive to the west to the Village 11 Pedestrian Paseo to the east, to the satisfaction of the Director of General Services, Engineering and Planning and Building. J:\Attomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCRcso_Spa Reso DraT~-~-~.~ Resolution No. 2008- Page 7 VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. CONDITIONED ON SUBSEQUENT ACTION It is the intention of the City Council that these SPA and Master Precise Plan Amendments are approved subject to and conditioned upon the approval of the Revised Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area, Otay Project L.P., Chula Vista Tract 07-02, and the reversal of the Planning Commission's denial of the Conditional Use Permit (PCC-07-064), both actions to occur on February 5, 2008; otherwise, this action should be automatically revoked and be of no force and effect ab initio VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: /'\ Jim Sandoval Planning and Building Director J:\A.ttomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCReso_Spa Reso Dra~-g~Cgc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTAY PROJECT L.P., CHULA VISTA TRACT 07-02 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. , and described on Chula Vista Tract 07-02, and is commonly known as Otay Ranch Village Eleven Tentative Map (Property); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02" (Project), was filed with the City ofChula Vista Planning and Building Department on October 2, 2006, by Brookfield Shea Otay Project L.P. (Applicant); and, WHEREAS, the application requests the approval of revisions to the location and configuration of the Town Square (P-4) and pedestrian easement through the center of the Community Purpose Facility (CPF-l) located at the center of the approximately 489 acre Village Eleven located east of Eastlake Parkway and south of Olympic Parkway; and WHEREAS, there is an existing blanket pedestrian access easement (Doc. No. 2005- 1108997) in the area that was formerly the Town Square Park (P-4). This easement is proposed to be abandoned so that the CPF site is unencumbered; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan (GDP) previously approved by the City Council in October 1993, and as amended in November 1998 and December 2005 wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 (Program FEIR 90-01); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FElR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document; and, J:\Altomey\RESO\MAPS\PCS..o7-02_ V.l \ _Revised_ TM_CCReso_Draft TM Reso Dra~rg.~-S.ifc Resolution No. 2008- Page 2 WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to all residents and property owners within the boundaries of Otay Ranch Village Eleven at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended denial by a vote of 5-2-0-0 of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on proposed Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02), and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 14, 2007, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. III. ACTION Based on the record and evidence presented, including the Addendum and FEIR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR. The City Council hereby approves the resolution approving J:\Attomey\RESO\MAPSIPCS-07-02_ V-I I_Revised_ TM_CCReso_Draft TM Reso Dra,~~~.og: Resolution No. 2008- Page 3 the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS- 07-02) involving 489-acres of land known as the Otay Ranch Village Eleven Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02) as conditioned, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Eleven Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. The Revised Tentative Map reconfigures the Community Purpose Facility (CPF-l) site and relocates the Town Square Park (P-4) to the northeast corner of Discovery Falls Drive and Windingwalk Street. However, the reconfigured Community Purpose Facility (CPF-I) site will provide a focal point open space accessible to the public in the form of a central plaza or square on the CPF-l site at that same focal point location that the Town Square was originally located as a conditions of approval on any site plan submitted for a Conditional Use Permit for the CPF-I site. 2. Circulation The Revised Tentative Map relocates the recorded public easement through the center of the CPF -1 site, which originally led pedestrians from the village pathway on Discovery Falls Drive to the west across the center of the CPF-l site and to the Village Paseo to the east, to the northern boundary of the CPF -1 site. However, in order to maintain the pedestrian orientation of the village core, a condition of Revised Tentative Map requires that a pedestrian connection accessible to the public shall be provided through the approximate center of the CPF -1 site at the same location that the recorded public easement was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east. J:\Altomey\RESOIMAPSIPCS-07-02_ V_ll_Revised_TM_CCReso_Draft TM Reso Draftt~-~~.'Sc Resolution No. 2008- Page 4 In addition, this requirement to provide a pedestrian connection accessible to the public through the approximate center ofthe CPF-l site, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east, shall also apply to the conditions of approval for the Conditional Use Permit for the CPF-l site. 3. Housing The Developer has already entered into an Affordable Housing Regulatory Agreement. The Agreement will set forth the number and location of affordable housing units in Village Eleven. 4. Parks. Recreation and Open Space The developer shall provide the I-acre Town Square Park (P-4) site to the satisfaction of the Directors of General Services, Engineering, Planning and Building. The developer will construct the Town Square Park (P-4) site at their own cost, and the developer shall be responsible for delivering the Town Square Park (P-4) site to the Windingwalk Homeowner Association once revised plans are approved by the City ofChula Vista. The Revised Tentative Map relocates the Town Square Park (P-4) site to the northeast corner of Discovery Falls Drive and Windingwalk Street, in lieu of the previous focal point location of the Town Square (P-4) park in the center of Village Eleven, at the terminus of Birch Road. Developer shall substantially complete the construction of the Town Square Park (P-4) within 9 months from the approval date of this Revised Tentative Map in accordance with plans approved by the Director of Engineering and General Services. In the event that the Revised Tentative Map is not approved, the Developer shall immediately commence construction of and diligently pursue to completion the Town Square Park (P-4) at the site identified in the original tentative map in conformance with conditions of approval for the original tentative map. The developer has or will also continue to provide development Park Acquisition and Development (PAD) fees in accordance with CVMC 17.10 as part of their continued residential development. 5. Conservation The FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Resource Management Plan requires conveyance of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. J:\Atlomey\RESQ\MAPS\PCS-07-02_ V_ll_Revised_TM_CCReso...praft TM Rcso Drafl1-oSO.:.:~1 Resolution No. 2008- Page 5 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Seven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise All buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highwav The roadway design provides wide landscaped buffers along Eastlake, Hunte and Olympic Parkway. There is no scenic highway adjacent to the Project. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. 12. Public Buildings Public buildings are not proposed on the Project site. V. CONDITIONS OF APPROVAL The City Council hereby grants the Revised Village 11 Tentative Map PCS-07-02 subject to the following conditions whereby the Applicant and all subsequent beneficiaries shall: 1. The conditions imposed on the grant of Tentative Map approved October 23, 2001, Revised Tentative Map May 27, 2003 and Revised Tentative Map April 4, 2006 remain and are approximately proportional both in nature and extent to the impact created by the proposed development. The applicant shall continue J;\Attorney\RESO\MAPS\PCS.07-02_ V.l1_Revised_TM_CCReso_Orafl TM Reso Draftto6~~.'ac Resolution No. 2008- Page 6 towards the completion of the development of Otay Ranch Village 11 in compliance with all of the conditions of Tentative Map approved in association with the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan on May 23, 2001, to the satisfaction of Directors of General Services, Engineering, Planning and Building. 2. The applicant shall submit revised master sewer study with all proposed changes included by June 2008. Show proposed sewer connections in both Discovery Falls Drive and Windingwalk Street to the satisfaction of the City Engineer. 3. The applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identify funding mechanisms for post-construction control measures to the satisfaction of the City Engineer. 4. The applicant shall comply with the requirements of Section F .l.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shall comply with those requirements in accordance with the Model Standard Urban Storm Water Mitigation Plan for San Diego County, Port of San Diego, and Cities in San Diego County to the satisfaction of the City Engineer. 5. The applicant shall provide a water quality study is required to identify potential storm water pollutants generated at the project site during and after construction, and propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent practicable. In addition to general permanent structural and non- structural Best Management Practices, Low Impact Development (LID) principles must be incorporated into the project to the satisfaction of the City Engineer. 6. The Developer shall design, engineer, construct, at its own expense, the I-acre park site (P-4) (Town Square Park), to be located at the corner Discovery Falls Drive and Winding Walk Street according to approved plans, drawings and specifications. The Developer shall have substantially completed the construction ofthe Town Square Park to the satisfaction and subject to the approval ofthe City Engineer, within nine (9) months from the approval of this Revised Tentative Map. Substantial completion shall not include the maintenance and establishment period for plants, trees, and vegetation (Maintenance and Establishment Period), with such Maintenance and Establishment Period to commence immediately following successful completion of all work and/or correction of any unfinished work, such as punch-list items, to the satisfaction and subject to the approval of 1:\Attomey\RESO\MAPS\PCS-07.02_ V_ll_Revised_TM_CCReso_Draft TM Reso Dra9-~-~-~'~c Resolution No. 2008- Page 7 the Director of Engineering & General Services. Prior to the end of the Maintenance and Establishment Period, the Developer shall enter into an agreement, which is satisfactory to the City Attorney's Office, with the Windingwalk Homeowner's association for the long-term maintenance of the Town Square Park (Long-Term Maintenance Agreement). Following the inspection and approval of the Town Square Park by the Director of Engineering & General Services at the end of the maintenance/establishment period and the recording of the executed Long-Term Maintenance Agreement, the Director of Engineering & General Services shall release the previously placed Park Bond number 2176553. 7. Prior or during the Town Square Park (P-4) construction, the applicant shall install additional concrete along the relocated Village Pathway to create a minimum 8-ft. wide sidewalk to the satisfaction of the City Engineer and the Director of Planning and Building. If necessary, in the opinion of the City, the applicant shall relocate all transformers and other utility facilities outside and away from the minimum 8-ft. wide sidewalk. 8. The applicant for the development of the CPF-I site shall be required to provide, to the satisfaction of the Directors of General Services, Engineering, Planning and Building, a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site at the same location that the recorded public easement (Document No. 2005-1108997) was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the satisfaction of the Planning and Building Director. 9. The applicant for the development of the CPF-I site shall be subject to a Conditional Use Permit that includes conditions pertaining to a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site addressing any exceptions or limitation to public access to the satisfaction ofthe Planning and Building Director. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the previously established conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. CONDITIONED ON SUBSEQUENT ACTION It is the intention of the City Council that this Revised Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area, Otay Project L.P., Chula Vista Tract 07-02 is approved subject to and conditioned upon the approval of the SPA and J:\Allomey\RESO\MAPS\PCS-07-02_ V_ll_Revised_TM_CCReso_Draft TM Resa Drnftlf~~1.nc Resolution No. 2008- Page 8 Master Precise Plan Amendments and the reversal of the Planning Commission's denial of the Conditional Use Permit (PCC-07-064), both actions to occur on February 5, 2008; otherwise, this action should be automatically revoked and be of no force and effect ab initio VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Jim Sandoval Planning and Building Director Presented by: J:\AttomeyIRESQ\MAPS\PCS-07..oZ_ V_ll_Revised_ TM_CCReso_Draft TM Reso Dra~~-~-1.t RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.2, MAP NO. 14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28, 2005 AS DOCUMENT NO. 2005- 1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS WHEREAS, the developer, Brookfield, Shea Otay, LP (BSO), has submitted a Lot Line Adjustment Parcel Map for the adjustment of lots associated with the Village 11 Town Square (P-4) and the CPF-1 site along with a request to vacate the existing easements for Pedestrian Access granted per document recorded December 28,2005 as Document No. 2005-1108997 and granted per Map No. 14780, Recorded April 30, 2004 both of Official Records; and WHEREAS, the justification for vacating the existing easement for Pedestrian Access crossing the Town Square and the CPF -1 sites is that a new easement for Pedestrian Access along the CPF -1 sites northern property line is being granted as shown on the proposed parcel map in conjunction with a pedestrian pathway accessible to the public that will be provided through the approximate center of the CPF -1 Site as a condition of the CUP (PCC 07-064), WHEREAS, the amendments to the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan propose to reconfigure the site such that the existing public pedestrian access easements would encumber the CPF site, WHEREAS, the proposed amended Tentative Map and the proposed CUP with all the proposed conditions under Council's consideration tonight obviates the need for the existing pedestrian easements, WHEREAS, in accordance with the provisions set forth in Section 66445(j) of the Subdivision Map Act, said easements for Pedestrian Access are vacated and abandoned by the filing of said Parcel Map with the County Recorder: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the subject Parcel Map is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map proposing the lot line adjustments shown thereon is hereby approved and accepted. Boundary of said parcel map is more particularly described as follows: C:\Documents and SCllings\cY'lthiam\Local Setlings\Temporary Internet Fi'es\OLKC4\Parr'<<.! '1~Draft 3_02-05-08.doc Resolution No. 2008- Page 2 Being a lot line adjustment ofLotslO and Lot "B" of Final Map No. 14780, filed in the office of the County Recorder of San Diego County on April 30, 2004, all in the City of Chula Vista, County of San Diego, State of California. Area: 1.1 75 Acres Numbered Lots: 1 Total No. Lots: 2 Lettered Lots: 1 BE IT FURTHER RESOLVED that the Resolution shall not become effective unless and until the SPA Plan Amendment, Master Precise Plan Amendment, and the associated CUP (PCC 07-064) are approved. In the event the above-mentioned documents are not approved, this Resolution shall become void and be of no further force or effect. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said parcel map, and that that certain easement, as granted thereon and shown on said parcel map, is accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby authorize and direct the City Clerk of the City of Chula Vista to endorse upon said map the certificate vacating the abovementioned easements for Pedestrian Access, due to the finding that they are being replaced, are no longer required for pedestrian access or any other public use and would encumber the proposed uses of the reconfigured lots. BE IT FURTHER RESOLVED, the City Engineer shall advise the City Clerk of the completion ofthe aforementioned conditions, and the City Clerk shall then cause a certified copy of this Resolution attested by him under seal, to be recorded in the Office of the County Recorder. Jim Sandoval Planning and Building Director Presented by: C:\Documents and Settings\cynthiam\Local Settings\Temporary Internet Files\OLKC4\Parrl~!. r~rafl3_02'05-08.dOC