HomeMy WebLinkAboutPlanning Comm Rpts./1996/05/01 (5)
RESOLUTION PCM 95-01
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF OlliLA VISTA RECOMMENDING CITY COUNCIL
APPROVAL OF THE OT A Y RANCH SECTIONAL PLANNING
AREA (SPA) ONE PLAN, WIDCH INCLUDES THE OVERAlL
DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES
FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS,
RECREATION, OPEN SPACE AND TRAILS MASTER PLAN,
REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE
MANAGEMENT PLAN AND SUPPORTING PLANS, NON-
RENEW ABLE ENERGY CONSERVATION PLAN, RANCH-
WIDE AFFORDABLE HOUSING PLAN, SPA ONE
AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL
RECONNAISSANCE REPORT
WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA)
One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch
L.P. ("Applicant"), and;
WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of
Village One east of Pas eo Ranchero. The SPA One Plan project area is cornprised of approximately
1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future
alignment of SR-125 ("Project"). The area west ofPaseo Rancho has been excluded ITom this SPA
One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero,
bisecting it. In addition, habitat in Village One, west of Pas eo Ranchero, needs further analysis, and;
WHEREAS, a General Development Plan (GDP) amendment was required to process this
SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all
villages must be master -planned as a unit, and;
WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista
on May 14, 1996, to allow the processing of this SPA without the area west of Pas eo Ranchero, and;
WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and
policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and
as amended on May 14, 1996, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project and
notice of said hearings, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the
exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995
and November 15, 1995 in the Council Cbiunbers, 276 Fourth Avenue, before the Planning
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Planning Commission
Sectional Planning Area One
Page 2
Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and
May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter
closed, and;
WHEREAS, the Enviromnental Review Coordinator has conducted a Second-tier Draft
Enviromnental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum,
and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address
enviromnental impacts associated with the implementation of the Project, and;
WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by
reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP)
EIR 90-01 and the Chula Vista Sphere ofInf1uence Update EIR 94-03 as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified
by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993,
and the Sphere ofInfluence Update EIR 94-03 was certified by the Chula Vista City Council on March
21,1995, and;
WHEREAS, to the extent that these findings conclude that proposed mitigation rneasures
outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest,
to implement those measures. These findings are not merely infomlational or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution approving the
Project. The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these
Findings and will be effectuated through the process of irnplementing the Project.
NOW, THEREFORE, BE IT RESOLVED TIIAT THE PLANNING COMMISSION hereby
adopts Final Second-Tier Enviromnental Impact Report EIR 95-01 and Addendum.
BE IT FURTHER RESOLVED TIIAT THE PLANNING COMMISSION recommends that
the City Council adopt the attached draft City Council Resolution approving the Project in accordance
with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
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Planning Commission
Sectional Planning Area One
Page 3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA this May 1,1996 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
William C. Tuchscher n
Chairman
Nancy Ripley, Secretary
Attachment:
Draft City Council Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND IMPOSING CONDITIONS
ON THE OTAY RANCH SECTIONAL PLANNING AREA (SPA)
ONE PLAN (pCM 95-01), WHICH INCLUDES THE OVERALL
DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES
FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS,
RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL
FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT
PLAN AND SUPPORTING PLANS, NON-RENEWABLE
ENERGY CONSERVATION PLAN, RANCH-WIDE
AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE
HOUSING PLAN AND THE GEOTECHNICAL
RECONNAISSANCE REPORT
WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA)
One Plan, was filed with the City ofChula Vista Planning Department in July, 1994 by the Otay Ranch
L.P. ("Applicant"), and;
WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of
Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately
1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future
alignment of SR-125 ('Project'). The area west of Pas eo Rancho has been excluded ITorn this SPA
One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero,
bisecting it. In addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and;
WHEREAS, a GDP amendment was required to process this SPA without the area west of
Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as
a unit, and;
WHEREAS, a GDP amendment was approved by the City Council of the City ofChula Vista
on May 14, 1996, to allow SPA One to be processed without the area west ofPaseoRanchero, and;
WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and
policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and
as amended on May 14, 1996, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project and
notice of said hearings, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its rnailing to property owners and tenants within 1,000 feet of the
exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearings were held at the time and place as advertised on Novernber 8, 1995
and November 15, 1995 in the Council Chiunbers, 276 Fourth Avenue, before the Planning
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Resolution No.
Page 2
Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and
May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter
closed, and;
WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft
Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum,
and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address
environmental impacts associated with the implementation of the Project, and;
WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by
reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP)
EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified
by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993,
and the Sphere ofInfJuence Update EIR 94-03 was certified by the Chula Vista City Council on March
21, 1995, and;
WHEREAS, to the extent that these findings conclude that proposed mitigation rneasures
outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest,
to irnplement those measures. These findings are not merely informational or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts this resolution approving the
Project The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these
Findings and will be effectuated through the process of implementing the Project, and;
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista
on the SPA One, which includes the Overall Design Plan, Village Design Plan, Public Facilities
Financing Plan and supporting documents, Parks, Recreation, Open Space and Trails Plan, Regional
Facilities Report, Phase 2 Resource Management Plan and supporting plans, Non-Renewable Energy
Conservation Plan, Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the
Geotechnical Reconnaissance Report.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995,
November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this
Project on November 15, 1995, March 27, 1996, April 10, 1996, April 24, 1996 and May 1,
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Resolution No.
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1996 and the minutes and resolutions resulting therefTom, are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the
decision makers, shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. CERTIFICATION OF COMPLlANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact,
the Mitigation Monitoring and Reporting Program and the Statement of Overriding
Considerations are prepared in accordance with the requirements of the CEQA, the State EIR
Guidelines and the Environmental Review Procedures of the City ofChula Vista.
III. CONDITIONS OF APPROVAL
The City Council does hereby approve SPA One and associated documents subject to the
following attached conditions (Attachment D).
IV CONSISTENCY WIlli THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY
WIlli THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE
CHULA VISTA GENERAL PLAN.
The Otay Ranch Sectional Planning Area (SPA) Plan reflects the land uses, circulation
system, open space and recreational uses, and public facility uses consistent with the
Otay Ranch General Development Plan and Chula Vista General Plan.
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE
THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA
The SPA One Plan and Public Facilities Financing Plan contain provisions and
requirements to ensure the orderly, phased developrnent of the project. The Public
Facilities Financing Plan specifies the public facilities required by Otay Ranch, and also
the regional facilities needed to serve it.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCUT~ATION OR ENVIRONMENTAL QUALITY.
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Resolution No.
Page 4
The land uses within Otay Ranch are designed with a grade-separated open space
buffer adjacent to other existing projects, and future developments off-site and within
the Otay Ranch Planning Area One, four neighborhood parks will be located within the
SPA One area to serve the project residerits, and the project will provide a wide range
of housing types for all economic levels. A cornprehensive street network serves the
project and provides for access to off-site adjacent properties. The proposed plan
closely follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures specified in
the Otay Ranch Environmental Impact Report.
V. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND
STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accept as its own, incorporate as if set forth in
full herein, and make each and every one of the findings contained in the Findings of
Fact, Attachment "A" of this Resolution known as document number --' a copy of
which is on file in the office of the City Clerk.
B. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings
of Fact for this project, which is Attachment "A" to this Resolution known as
document number --' a copy of which is on file in the office of the City Clerk, the
City Council hereby finds pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091 that the mitigation measures described in the above
referenced documents are feasible and binds itself and the Applicant and its successors
in interest, to implement those measures.
C. Infeasibility of Mitigation Measures
As rnore fully identified and set forth in FEIR 95-01 and Addendum and in the Findings
of Fact for this project, which is Attachment "A" to this Resolution known as
document number --' a copy of which is on file in the office of the City Clerk, the
mitigation rneasure regarding habitat noise mitigation described in the above referenced
documents is infeasible.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 95-0 I and Addendum and in the Findings
ofF act, Section XI, for this project, which is Attachment "A" to this Resolution known
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Resolution No.
Page 5
as document number --' a copy of which is on file in the office of the City Clerk, the
City Council hereby finds pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091 that alternatives to the project, which were identified
as potentially feasible in FEIR 95-01 and Addendum were found not to be feasible.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council hereby
adopts Mitigation Monitoring and Reporting Program ("Program") set forth in
Attachment "B" of this Resolution known as document number --' a copy of which is
on file in the office ofthe City Clerk. The City Council hereby finds that the Program
is designed to ensure that, during project implementation, the permittee/project
applicant and any other responsible parties and the successors in interest irnp!ement the
project cornponents and comply with the feasible mitigation measures identified in the
Findings of Fact and the Program.
F. Statement of Overriding Consideration
Even after the adoption of all feasible mitigation rneasures and any feasible altematives,
certain significant or potentially significant environmental effects caused by the project,
or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista
hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Considerations in the form set forth in Attachment "C", known as document number
--' a copy of which is on file in the office of the City Clerk, identifYing the specific
economic, social and other considerations that render the unavoidable significant
adverse environmental effects acceptable.
VI. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination filed with the County
Clerk of the County of San Diego. This document along with any documents submitted to the
decision makers shall comprise the record of proceedings for any CEQA claims.
VII. ATTACHMENTS
All attachments and exhibits are incorporated herein by reference as set forth in full.
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Resolution No.
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California,
this May 14, 1996, by the following vote: .
YEs:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 14th day of May, 1996.
Executed this 14th day of May, 1996.
Beverly A Authe1et, City Clerk
Attaclunents:
Attachment A: Findings of Fact
Attachment B: Mitigation Monitoring and Reporting Program
Attachment C: Statement of Overriding Considerations
Attachment D: Conditions of Approval
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ADDENDUM TO THE DRAFT SECOND-TIER
ENVIRONMENTAL IMPACT REPORT
for the
OT A Y RANCH SECTIONAL PLANNING AREA ONE PLAN
REGARDING THE DETACHMENT OF THE OT A Y LANDFILL
SCH #94101046
MARCH 27, 1996
Prepared by:
City of Chula Vista
315 Fourth Avenue, Suite A
Chula Vista, California 9l9l0
DESCRIPTION OF PROPOSED PROJECT COMPONENT
As described in Section 2.0 of the Draft and Recirculated Second-Tier Environmental Impact
Report ("EIR") for the Otay Ranch Sectional Planning Area One ("SPA One"), the proposed
project refines and implements the land plans. goals, objectives and policies of the Ota)' Ranch
General Development Plan ("GDP") as adopted by the City of Chula Vista in October 1993. In
particular, the SPA One Plan implements the GDP for Villages One and Five. including
annexation into the City of Chula Vista of certain parcels currently within the land use
jurisdiction of the County of San Diego. As a result of ongoing negotiations between the City
of Chula Vista and the County of San Diego an additional non-impacting component of the
project was defined. The additional component subject to this analysis is the detachment of the
site of the Otay Landfill complex from the City of Chula Vista. After detachment. the area of
the landfill would be within the unincorporated area of San Diego County.
DESCRIPTION OF AREA TO BE DETACHED
The area to be detached is a 250.59 acre parcel known as the "Otay Landfil1" in the City of Chula
Vista, consisting of Assessor's Parcel Numbers: APN 644-010-06, 644-010-07, 644-020-03.644-
020-04. (See Figure I.) The Otay Landfill is located about six miles downstream from the
Lower Otay Reservoir and three miles east of San Diego Bay, about one-third of a mile north of
the intersection of Otay Valley and Maxwell Roads. The proposed detachment area is located
in the southeastern sector of the City ofChula Vista and abuts the existing City/County boundary
on the easterly side
These 4 parcels comprising the landfill are currently owned by the County of San Diego and are
the site of an existing permitted landfill. Other than the County. no other parties own propert)'
within the area to be detached.
The western half of the detachment area is currently designated for Open Space land uses with
no potential for development by the City of Chula Vista General Plan. Impacts associated with
annexation of the eastern portion of the landfill, which is not currently within the City boundary.
are analyzed in the SPA One ElR. The San Diego County General Plan land use designation for
the eastern portion of the detachment area is "(19) intensive agriculture." Under the present
County land use designation for the site, landfills are a permitted use where a major use permit
is granted. In the present case, the landfill operates under County Major Use Permit number P76-
46.
USE OF AREA TO BE DETACHED
Existinl!:
Although the Otay Landfill is currently within the incorporated boundaries of the City of Chula
Vista, the landfill is owned and operated by the County of San Diego through the Department
of Public Works. The landfill complex actually consists of two separately permitted facilities:
the original Otay Landfill (Old Otay Landfill) and the Otay Annex Landfill (Otay Annex).
The Otay Landfill complex is a permitted Class III facility as defined by Title 23 of the
California Code of Regulations. Landfill disposal operations at the Old Otay Landfill began in
1963, and continued until 1980. The Old Otay Landfill also contains a Class I area which
stopped accepting hazardous waste in 1980. The Old Otay Landfill. although not currently
accepting waste, is maintained and monitored regularly to ensure compliance with the rules and
regulations required for closure of the facility. Active waste disposal continues at the adjacent
Otay Annex Landfill.
The Otay Landfill complex is currently permitted for a maximum elevation of 460 feet above
mean sea level, or a maximum total capacity of 6.4 million cubic yards of waste. To date. about
4.6 million cubic yards of this capacity have been expended, leaving up to 1.8 million cubic yards
of capacity for future disposal.
Existing on-site facilities include an access road, fee booth/entrance facility, methane
recovery/power generation plant, recycling/buyback center, temporary hazardous waste storage
area and the Applied Technologies 11, Inc. (nApptechn) facility. The methane plant and the
Apptech facility have additional permits separate from the Otay Landfill complcx issued by
appropriate local. State and Federal agencies. Apptech and the methane plant would continue to
operate under County jurisdiction as approved by City-issued Conditional Use permits and other
local, State and Federal perrnits.
Access to the Otay Landfill complex is through existing public streets and roadways in the City
of Chula Vista. These access routes would continue after detachment and no new or additional
routes are necessary or planned.
Future County Actions
Future facilities and improvements currently identified by the County for the Otay Landfill
complex include a landfill gas flare station, an upgraded landfill entrance facility, an upgraded
temporary hazardous waste storage area, and a recycling center. Though identified as future
actions in County planning documents and programs for the Otay Landfill complex, none of these
improvements are contemplated in the current detachment proposal, nor is the proposed
detachment a necessary precursor for such improvements. Existing County ownership of the
landfill site and operation of the landfill are sufficient to permit the County to consider such
improvements when necessary. At the tirne when any improvements are considered by the
County, such actions would require compliance with the California Environmental Quality Act
(nCEQAn) (Pub. Resources Code, 9 21000 et seq.) and irnplementation of the County's standard
public works project review and perrnitting processes. In most instances, other state or federal
agencies will also be involved in the permitting process.
When the remaining capacity of 1.8 rnillion cubic yards is fully utiliied, the Otay Landfill
complex will be closed in accordance with State and Federal regulations. Under current rates of
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disposal. the closure is projected to occur during the period 1999-2000. The post-closure use that
is currently planned for the site will be non-irrigated open space.
REGULATION OF AREA TO BE DETACHED
The siting, operation, and closure of landfills is subject to a complex and sophisticated series of
regulatory approvals by the State of California through its agencies and designees. and local
governments. Currently, the Otay Landfill complex is regulated and permitted by the California
Integrated Waste Management Board ("CIWMB"), Regional Water Quality Control Board - San
Diego Region ("RWQCB"), the San Diego County Department of Health Services. Environmental
Health Services, the San Diego County Air Pollution Control District, and the San Diego County
Department of Public Works. Any changes to the location. operation. or closure of the landfill
must be approved by some or all of the these agencies. The agencies with current permitting and
other approval jurisdiction over the landfill are summarized in Table I, and briefly described
below.
The Otay Landfill complex operates within the framework provided by the San Diego County
General Plan and the San Diego County Solid Waste Management Plan ("CoSWMP"). The Otay
Landfill complex accepts non-hazardous solid and inert wastes as a Class III landfill consistent
with Title 23, Chapter 15 of the California Code of Regulations.
The landfill is consistent with the federal Resource Conservation and Recovery Act requirements
contained in amended subtitle D, 40 CFR part 257 & 258, for landfilling of solid waste. including
location restrictions. operating criteria, design criteria, groundwater monitoring and corrective
action. The agencies primarily responsible for permitting operations at the landfill are the
ClWMB and RWQCB.
The facility currently operates under ClWMB Solid Waste Facilities Permit ("SWFP") Number
37-AA-00-09. The County of San Diego Department of Health, Environmental Services. is the
Local Enforcement Agency ("LEA") for the CIWMB. The primary CIWMB regulations that
must be enforced by the LEA are set forth in California Code of Regulations, title 14. chapter
3, Minimum Standards for Solid Waste Handling and Disposal. Article 7 of these regulations
require disposal site operators to submit to the LEA a SWFP application, a Report of Disposal
Site Information ("RDSI"), and Periodic Site Review ("PSR") for new and expanded sites. or at
5-year intervals for permitted sites. The RDSI and PSR provide information regarding leachate
and gas migration control, and site operating procedures.
The current waste discharge requirements ("WDRs") for the facility were established in 1974, by
the RWQCB. San Diego Region, by Order Number 74-44. In November 1984, State Water
Resources Control Board ("SWRCB") regulations governing the discharge of wastes to land were
amended by California Code of Regulations. Title 23, Chapter 3, Subchapter 15. These
amendments are cornrnonly referred to as "revised Subchapter 15". Current landfill operations
are consistent with these amendments.
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The San Diego County Air Pollution Control District ("SDCAPCD") is responsible for monitoring
air quality, permitting major stationary sources of air pollutants. and implementing emission
reduction rules. SDCAPCD requires an Authority to Construct and Permit to Operate to assure
that landfill gas control and other emissions meet National and California Ambient Air Quality
Standards.
CEQA REQUIREMENTS
The State of California requires that all public agencies within the State. including local
governments, implement the California Environmental Quality Act ("CEQA")(Pub. Resources
Code, 9 21 000 el seq.). CEQA requires that public agencies evaluate projects and proposals for
their effects on the environment, avoid environmental impacts whercyer possible. and inform
decision makers and the public of any environmental effects and methods to avoid or reduce such
impacts (See, e.!.!., CEQA Guidelines. ~ 15002). 1 In implementing CEQA. the State
contemplates that public agencies will undertake a three-step process for the evaluation of any
given proposal or project:
. In the first step, the public agency examines the proposcd activity to determinc if the
project is subject to CEQA at all. If the project is exempt. the process does not need to
proceed any farther. The agency may prepare a Notice of Exemption.
. If the project is not exempt, the agency takes the second step and prepares a document
known as an Initial Study to determine if the project may have any signiiicant effects on
the environment. If the Initial Study shows that the project will not have a significant
environment effect, the agency prepares a Negative Declaration.
. If the Initial Study indicates that the project may have a significant effect, the agency
takes the third step and prepares an ElR.
In completing the first step of the above process, the agency must determine whether a particular
activity is exempt from CEQA, meaning that CEQA does not apply to the activity under
consideration. (CEQA Guidelines, g15061.) Possible exemptions to CEQA include:
. The activity under consideration is not a project as defined by CEQA;
. The project has been granted an exemption from CEQA by the state legislature by statute
(statutory exemption) or by administrative rule as a class or category of projects
(categorical exemption); or,
. The activity is covered by the general rule that CEQA only applies to projects which have
'/ The "CEQA Guidelines" are found in the California Code of Regulations, title 14, commencing
with section 15000.
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the potential to cause a significant effect on the environment. Where it can be
demonstrated that no environmental effect would occur. the activity is not subject to
CEQA.
According to CEQA. a project is defined as the whole of an action undertaken. sponsored or
permitted by a public agency which might result in a direct physical change in the environment.
or in a reasonably foreseeable indirect physical change. (Pub. Resources Code. 921065.)
CEQA also defines a categorical exemption which includes annexations and detachments. (CEQA
Guidelines, 9 15320.) This "Class 20" exemption consists of changes in the organization or
reorganization of local governmental agencies where the changes do not change the geographical
area in which previously existing powers are exercised.
COMPLIANCE OF PROPOSED ACTION WITH CEQA
The proposed action complies with all three of the criteria for determining a proposal is exempt
from CEQA. The reasoning for this conclusion is set forth below. As a consequence. the
detachment will not change the character, scope or extent of any of the environmental impacts
analyzed in the SPA One EIR. For this reasons. the proposed detachment does not require any
revisions to the analysis presented in the SPA One ElR.
rhe proposed detachment is 'lOt a project. No physical action is associated with the proposed
detachment. The detachment of the landfill property from the City of Chula Vista is not a
component of any plan or proposal for current or future development of the landfill. Nor is it
necessary for such development. The County's current use and its plans for future use of the
landfill have already been approved and will not change based on the outcome of the detachment
proceedings. Consideration and implementation of any future actions will require San Diego
County to comply with CEQA and the County's standard public works review and approval
processes. (See Kaufman & Broad-South Bav. Inc. v. Morgan Hill Unified School District
(1992) 9 Cal.App.4th 464 [11 Cal.Rptr.2d 792]; Simi Vallev Recreation and Park District v.
Local Agencv Formation Commission (1975) 51 Cal.App.3d 648 [124 CaLRptr. 635].)
The proposed detachment is not part of any future plan to develop new or modified uses at the
landfill site. Existing, approved County plans for the Otay Landfill show its continued use as a
landfill until the capacity of the facility is reached, at which time the landfill would be closed.
Additionally, the proposed detachment would not alter the permit environment of the landfill site
and operations. Any future changes to the landfill would require approval of all agencies with
jurisdiction over the site as set forth in Table I. No approvals by these agencies could occur
without complying with future CEQA review requirements.
rhe proposed detachment is subject to a categorical exemption Categorical exernptions consist
of classes of projects found by the state legislature to be exempt from CEQA. These exemptions
are designed to not unduly interfere with the business of the state through excessive regulation,
5
and consist of classes of projects which. because of their size. features, or location. generally will
not have a significant effect on the environment.
As noted above, the area of the proposed detachment is an existing landfill owned and operated
by the County of San Diego. The County's ownership and operation of the site confer the
primary authority for landfill planning and approval upon the County. The County is currently
the primary public agency with approval authority over the operation and closure of the landfill.
Detachment of the project site from the incorporated City of Chula Vista to San Diego County
would not alter the County's operations, responsibility, or control over the landfill site.
Therefore. the effect of the detachment would not alter the geographic area in which County
exercises power over the landfill site. (CEQA Guidelines, ~ 15320.)
The proposed detachment has no potential to calise a significant environmental effect. In
addition to the analysis above. the proposed detachment will not cause, nor is a precursor to. any
changes in operations, uses, or time of closure of the Otay Landfill. Thus, no immediate. direct
physical effects would occur. In the long-term, adopted San Diego County plans approved by
thc CIWMB call for the closure of the Otay Landfill during the period 1999-2000 given current
rates of fill. The adopted post-closure land U3e is for non-irrigated open space. Change in
jurisdiction of the landfill site from the City of Chula Vista to San Diego County will not alter
this closure plan or other adopted County plans for future operations or activities at the landfill
site. Neither is the detachment a necessary precursor for these future activities. At the time any
future activities or closure of the landfill is proposed, the County of San Diego will be required
to comply with the CEQA review process prior to approving any activity.
Other agencies with jurisdiction over various aspects of the Otay Landfill complex will also be
required to consider and approve any necessary new permits or permit modifications necessary
to modify or implement future activities. Because of the number of other state and local agencies
with permit authority over the site and the complexity of agency authority, the mere change of
jurisdiction from the City of Chula Vista to San Diego County would not hasten or change any
future activities at the Otay Landfill.
The proposed detachment does not warrant recirculation of the SPA One EIR. As described
above, this addendum provides additional information for use by the City of Chula Vista in its
consideration of the SPA One project. The addendum proposes the detachment of the Otay
Landfill as a rninor additional component of the SPA One Plan. The full project specific and
cumulative effects of the Sectional Planning Area One project have been evaluated in the SPA
One EIR. The detachment of the Otay Landfill site from the City of Chula Vista is a recent
modification to the project, necessary to perfect the responsibilities of the various local
governmental agencies with jurisdiction over the SPA One and other components of the Otay
Ranch GDP. The detachment itself will not lead to physical impacts on the environment.
The addition of this project cornponent and the environmental determination contained herein
does not constitute significant new information regarding the SPA One project, and consistent
with CEQA Guidelines section 15088.5, does not require recirculation of the SPA One EIR. As
6
discussed above, the reasoning for this conclusion is that the proposed detachment is itself exempt
from CEQA and the contemplated action has no potential to result in physical changes in the
environment. Inclusion of the detachment as a component of the SPA One project also does not
deprive the public of any meaningful opportunity to comment on the environmental effects of the
SPA One project or any mitigation measures or alternatives to the project. As noted above, the
effects of the SPA One project have been fully evaluated in the EIR prepared for the project. the
establishment of the new information contained in this current document does not add substantial
new information to the overall document as defined by section 15088.5 of the CEQA Guidelines.
(See Laurel Heights Improvement Association of San Francisco, Inc. v. Regents of the University
of California ("Laurel Heights II") (1993) 6 Ca1.4th 1112 [26 Cal.Rptr.2d 231 ].)
CONCLUSION
As discussed above, the proposed action complies with all three of the criteria for determining
a proposal is exempt from CEQA. The City of Chula Vista finds that. consistcnt with section
15061 of the CEQA Guidelines, the proposed detachment of the 265-acre Otay Landfill from the
City of Chula Vista is exempt from CEQA becausc the detachment will not lead to any physical
changes in the environment and is not a precursor to changes in landfill operation. As a
consequence, the proposed detachment does not require any revisions to the analysis presented
in the SPA One EIR.
Dated: March 1996
-
Douglas D. Reid
Environmental Review Coordinator
7
discussed above. the reasoning for this conclusion is that the proposed detachment is itself exempt
from CEQA and the contemplated action has no potential to result in physical changes in the
environment. Inclusion of the detachment as a component of the SPA One project also does not
deprive the public of any meaningful opportunity to comment on the environmental effects of the
SPA One project or any mitigation measures or alternatives to the project. As noted above, the
effects of the SPA One project have been fully evaluated in the EIR prepared for the project, the
establishment of the new information contained in this current document does not add substantial
new information to the overall document as defined by section 15088.5 of the CEQA Guidelines.
(See Laurel Heights Improvement Association of San Francisco. Inc. v. Regents of the University
of California ("Laurel Heights II") (1993) 6 Cal.4th 1112 [26 Cal.Rptr.2d 231].)
CONCLUSION
As discussed above, the proposed action complies with all three of the criteria for determining
a proposal is exempt from CEQA. The City of Chula Vista finds that. consistent with section
15061 of the CEQA Guidelines, the proposed detachment of the 265-acre Otay Landfill from the
City of Chula Vista is exempt from CEQA because the detachment will not lead to any physical
changes in the environment and is not a precursor to changes in landfill operation. As a
consequence. the proposed detachment does not require any revisions to the analysis presented
in the SPA One EIR.
Dated: March~, 1996
tD~~~/
Douglas@'. Reid
Environmental Review Coordinator
6031767.0]0
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.
ATTACHMENT D
CONDmONS OF APPROVAL FOR OTAY RANCH SPA ONE
L GENERAL PROVISIONS
a) All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the
Property. For purposes of this document the term "Developer" shall also mean "Applicant".
b) If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by
their terms, to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their tenns, the City shall have the right to revoke or modifY
all approvals herein granted including issuance of building permits, deny, or further condition the
subsequent approvals that are derived rrom the approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their violation.
c) Applicant shall indemnifY, protect, defend and hold the City harmless rrom and against any and all
claims, liabilities and costs, including attorney's fees, arising rrom challenges to the Environmental
Impact Report for the Project and/or any or all entitlements and approvals issued by the City in
connection with the project.
d) The Applicant acknowledges that the purpose of planned community zoning is to provide for the
orderly development ofland under unified ownership or control. Applicant represents to the City, that
as of the date of this approval, SPA One is held under unified control by the Applicant. Applicant
agrees that if any portion of land within SPA One changes ownership in a manner that the City
determines in its sole discretion to represent a risk that the SPA One Plan will not be implemented as
approved, the City Council may take action such as, including but not limited to, requiring an
amendment to Village Five of the SPA One Plan and any of the accornpanying docurnents, denying
subsequent development approvals and stopping the issuance of building permits within Village Five of
SPA One. Applicant acknowledges its understanding that irrespective of the approval of SPA One, the
applicant is required to be in compliance at all times with the City's ordinances, policies and
regulations.
IT. ENVIRONMENTAL
a) The applicant shall implement all mitigation measures identified in EIR 95-01, the Candidate
CEQA Findings for this project (Exhibit ~ and the Mitigation Monitoring and Reporting Program
(Exhibit ~.
b) The applicant shall comply with all requirements of the Phase 2 Resource Management Plan
(RMP) as approved by City Council on
c) The applicant shall cornply with any applicable requirements of the California Department ofFish
and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers.
"
I
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511/96 PC conditions
4/24/96
III. DESIGN
a) The applicant shall provide a residential alley product, as such product is defined in the Village
Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future
phase of Village One.
IV. STREET, RIGHT-OF-WAY AND IMPROVEMENTS
a) Prior to the approval of the first final map, the Applicant shall enter into an agreement with the
City to fund the cost of the transit stops. Said stops shall be designed in a manner consistent with the
transit stop details as described in the Village Design Plan, as approved by the City's Transit
Coordinator and Planning Director,
b) Residential street parkways shall be no less than six feet in width, The Applicant shall plant trees
within said parkways which have been selected rrom the list of appropriate tree species described in the
Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public
Works, The Applicant shall provide root baniers and deep watering irrigation systems for the trees.
An irrigation system shall be provided ITom each individual lot to the adjacent parkway. As a condition
of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans for
the residential street parkways for review and approval by the City Engineer, Directors of Parks and
Recreation and Planning.
c) The segment of the north/south vehicular road rrom Telegraph Canyon Road to the first
residential street intersection within Village One (located between Buena Vista Way and Apache
Drive) ("Temporary Roadway") shall be open for public use only until such time as a road rrom Village
One to Orange Avenue is approved by the City Engineer to cany vehicular traffic. The Temporary
Roadway shall be designed and constructed to City standards and the Otay Ranch SPA One standards,
The Applicant shall be responsible, at its sole cost and expense, for the removal and restoration of the
Temporary Roadway at the request of the City Engineer. Subsequent to removal of the roadway, said
roadway shall be regraded and reconstructed to be consistent with the streetscape of Telegraph Canyon
Road, as directed by the City Engineer. The applicant shall install signs, as directed by the City
Engineer, indicating that the Temporary Roadway shall be closed once the permanent road is opened
for public use, Notice shall be provided in any residential sales disclosure documents that the
Temporary Roadway will be closed to vehicular traffic when access to East Orange Avenue is
provided.
d) Street cross sections shall conform to those standards contained in the SPA One Plan. All other
design criteria shall conform to the design standards contained in the document entitled Street Design
Standards and the Subdivision Manual both as amended by the City rrom time to time, ("City Design
Standards"). Any proposed variation ITorn the City Design Standards which are not addressed in the
SPA Plan shall be approved by the City and indicated on the appropriate tentative subdivision map.
2
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S/l/96 PC conditions
4/24/96
The following table indicates the relationship between the Otay Ranch SPA One roadway
designations (i.e., cross sections) and the approved City designations in the Circulation Elernent of the
General Plan for purposes of determining the appropriate design standards for all streets within SPA
One.
COMPARISON OF
OT A Y RANCH STREET CLASSIFICATIONS
TO
CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTA Y RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF STREET CLASSIFICATION OF
SCENIC CORRIDOR PRlME ARTERIAL
PRlME ARTERIAL PRlME ARTERIAL
PRIMARY VILLAGE ENTRY CLASS I COLLECTOR
SECONDARY VILLAGE ENTRY CLASS II COLLECTOR
VILLAGE CORE CLASS I COlLECTOR
RESIDENTIAL PROMENADE CLASS III COLLECTOR
CORE PROMENADE RESIDENTIAL
VILLAGE MAIN RESIDENTIAL
VILLAGE PLAZA RESIDENTIAL
RESIDENTIAL A and B RESIDENTIAL
ALLEY ALLEY STANDARDS
3
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5/1/96 PC conditions
4/24/96
e.) The applicant shall provide a 60 foot wide pedestrian paseo between Neighborhoods R-8 and
R-9. As a condition of approval on the appropriate tentative rnap, said paseo shall be required to be
dedicated to the City at the final map stage. Street improvements will not be required to be installed,
but may be required at sorne future date should it become apparent that vehicular access is needed.
t) As directed by the Director of Planning and the City Engineer, the applicant shall construct a
pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over
La Media Road. The timing of the construction of said bridge shall be determined by the City at the
time of approval of the first tentative map. The applicant shall be solely responsible for the construction
of said bridge.
g) In addition to the pedestrian bridge described above, the Spa One Plan provides for the
construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge
connecting Village Five to Village Six. The applicant shall agree to fund half of the cost of constructing
the two pedestrian bridges and to identify the mechanism to be used to fund said cost at the time of
approval of the first final map. Said items shall be included as conditions of approval of the first
tentative map.
h) The applicant shall provide a conceptual design of the traffic circles delineated on the SPA One
Plan for review and approval by the City Engineer and Planning Director prior to approval of the first
tentative map.
i) In the event the Federal Government adopts ADA standards for street rights of way which are in
conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA
regulations, City standards approved herein may be considered vested, as determined by Federal
regulations, only after construction has commenced.
j.) Vehicular access shall not be required to EastLake Parkway between the two Otay Water
District parcels. Pedestrian, cart and bicycle access, however, shall be provided. A sixty foot easement
for roadway and other public purposes to accommodate said access shall be dedicated with the
approval of the appropriate final map. Design of said pedestrian, cart and bicycle access shall be
implemented in such a way so as not to preclude the option of future provision of vehicular access
should it become necessary.
V. GRADING AND DRAINAGE
a) The applicant shall comply with all provisions of the National Pollutant Discharge Elimination
Systern (NPDES) and Clean Water Program.
b) The quantity of runoff rrorn the developrnent shall be reduced to an amount equal to or less
than present 100-year rrequency storm. Retention/detention facilities will be required as approved by
4
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5/1/96 PC conditions
4/24/96
the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than
predevelopment flows. Said retention/detention facilities shall be provided by the applicant.
c) The applicant shall provide drainage improvements in both Telegraph Canyon and Poggi
Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and Five
by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan.
VI. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER
CONSERVATION)
a) The Applicant shall provide water and reclaimed water improvements in accordance with the
report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area
One (nSAMPn) prepared by Montgomery-Watson dated June 1995 or as amended by the applicant and
approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant
shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for
the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final
map.
b) The applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide
trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated
in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One
Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the applicant
and approved by the Director of Public Works. The SPA One Sewer Report shall be consistent with
the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any
amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent
with the approved SPA Plan prior to the approval of the first final map.
vn. PARKS/OPEN SPACE/WILDLIFE PRESERVATION
A) General
I. The SPA One project shall satisfY the requirements of the Park Land Dedication Ordinance
(PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per 1,000 residents. Local parks are comprised of community
parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial
park credit as defined below). A minirnum of two thirds (2 acres /1,000 residents) of the local
park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian
parks within SPA One. The remaining requirement (I acre/I,OOO residents) shall be satisfied
through the payment offees.
2. All local parks shall be phased consistent with the SPA One PFFP and shall be installed by the
applicant. A construction schedule, requiring all parks to be completed in a timely rnanner, shall
be approved by the City.
5
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5/1/96 PC conditions
4/24/96
3. All local parks shall be designed and constructed consistent with the provisions of the Chula
Vista Landscape Manual and related Parks and Recreation Department specifications and policies.
4. The applicant shall coordinate consultant selection with the City. The consultant selected for
all park design shall be acceptable to the City.
5. Parks located within gated communities shall not receive park credit.
6. The applicant shall receive surplus park credit to the extent the cornbined park credit for
neighborhood parks, pedestrian parks, the town square park and the community park exceeds the
3 acres per 1,000 residents standard. This surplus park credit may be utilized by the applicant to
satisfY local park requirements in future SPAs.
7. The applicant and the City shall mutually agree on a PAD fee reimbursernent schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include accrued interest.
B.) Pedestrian Parks
Pedestrian parks less than five acres, as identified in the SPA One plan, shall be maintained
by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimurn
of 25% and a maximum of 50% park credit, as determined by the Director of Parks and
Recreation pursuant to City wide small park credit criteria which shall be approved by the City
Council.
C.) Neighborhood Parks
The applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the
first 500 dwelling units
The applicant shall commence construction of the first neighborhood park in SPA One, in
a location determined by the Parks and Recreation Director, no later than issuance of the building
permit for the 500th dwelling unit.
The level of amenities required in the first phase of construction of the first neighborhood
park shall be determined by the City in conjunction with the park master planning effort required
by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five
acres of neighborhood park improvements as described in the PLDO ordinance and the Park
Master Plan as approved by the Parks and Recreation Director.
Prior to issuance of the building permit for the 1 1 50th dwelling unit, the Director of Parks
and Recreation shall determine the level of amenities required for the second phase of
construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the
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second phase, require the construction of another neighborhood park at a different location. The
location of the other neighborhood park, if any, shall be determined in cof\iunction with the
phasing study noted below.
At no time after issuance of building permits for the SOOth dwelling unit shall there be a
deficit in "constructed neighborhood park" based upon 2 acres/I,OOO residents. Applicant agrees
that the City may withhold the issuance of building permits should said deficit occur. For
purposes of this condition, the term "constructed neighborhood park" shall mean that
construction of the park has been completed and accepted by the Director of Parks and
Recreation as being in compliance with the Park Master Plan. For purposes of this condition, the
applicant shall receive park credit for construction of neighborhood parks upon cornpletion of the
park and approval by the Director of Parks and Recreation as being in compliance with the Park
Master Plan, but prior to the mandatory 9-12 month maintenance period.
The applicant shall provide a maintenance period in accordance with the City of Chula
Vista Landscape Manual.
The 1.7 acre Town Square in Village Five shall receive 100% neighborhood park credit if
constructed consistent with the criteria contained in the General Development Plan and if
improvements constructed within the Town Square receive the approval of the Director of Parks
and Recreation.
The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar
Street on the SPA plan shall be relocated easterly within Neighborhood R-12.
The applicant shall receive reimbursement of PAD fees should they deliver a turn-key
facility to the City in accordance with the Parks Master Plan.
D.) Community Parks
The applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre
per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn-
key facility is subject to the reimbursement mechanism set forth below.
The first Otay Ranch Community Park, to satisty SPA One demand, shall be located in
Village 2 as identified in the GDP.
The applicant shall identity the relocation, if any, of the Village 2 Otay Ranch Community
Park prior to issuance of the building permit for the 1, lS0th dwelling unit. Said relocation may
require an amendment to the Otay Ranch General Development Plan.
Notwithstanding that the community park requirement (1 acre/1,dOO residents) shall be
satisfied through the payment of PAD fees, the applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,6S0th dwelling
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unit. The first phase of construction shall include, but not be limited to, improvements such as a
graded site with utilities provided to the property line and an all weather access road acceptable to
the Fire Departrnent.
The applicant shall commence construction of the second phase of the Community Park
prior to issuance of the building permit for the 3,000th dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park Master Plan.
The Community Park shall be ready for acceptance by the City for maintenance prior to
issuance of the building permit issuance for the 3, 900th dwelling unit.
If the City determines that it is not feasible for the applicant to commence construction of
the first phase improvements of the community park prior to issuance of the building permit for
the 2,650th unit, then the City shall have the option to utilize the PAD fees for said irnprovements,
or to construct another park or facility, east of the I-80S Freeway within an acceptable service
radius of SPA One, as set forth in the GDP.
The applicant shall provide a maintenance period in accordance with the City of Chula
Vista Landscape Manual.
The applicant shall receive reimbursement of PAD fees, excluding the cost of construction
of the all weather access road, for the community park should they deliver a turn-key facility to
the City in accordance with the Parks Master Plan.
E.) Trails
The first final map shall not be approved until the SPA One Open Space Master Plan is
approved by the Director of Parks and Recreation. The Open Space Master Plan shall be based
upon the Concept and Analysis Plan, the requirements of which are outlined in the City of Chula
Vista Landscape Manual and include, but are not limited to elements such as final recreational
trail alignments and phasing. The Concept and Analysis Plan shall be developed during the
tentative map review process.
All trails shall connect to adjoining existing trails in neighboring developrnent projects to
the extent feasible, as feasible is determined by the Director of Parks and Recreation.
F.) Community Gardens
Community gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community Garden
Committee and their responsibilities.
Water lines shall be stubbed ITom the nearest water rnain to the site(s) in order to facilitate
developrnent of the Community Gardens.
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Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Home Owner's Association or other funding mechanism approved by the City.
Community Gardens shall not receive park credit.
3.) Open Space
The applicant shall prepare a study to determine the feasibility of establishing a rnaster
open space district under the 1972 Lighting and Landscape Act for the Otay Valley Parcel of Otay
Ranch. Said feasibility study shall be approved by the Directors of Parks and Recreation and
Public Works prior to approval the first tentative map.
If applicable, an Open Space District shall be formed prior to approval of the first final
rnap.
VIll. AGREEMENTS/FINANCIAL
a) The applicant shall install Chula Vista Transit facilities, which may include but not be limited to
benches and bus shelters, in accordance with the improvement plans approved by the City. Since
transit service availability may not coincide with project development, the applicant shall install said
improvements when directed by the City. The applicant shall enter into an agreement with the City to
fund these facilities. The requirement for said agreement will be made a condition of the first final
map.
b) The applicant shall enter into an agreement with the City of Chula Vista, prior to approval of
the first final map regarding the provision of affordable housing. Such agreement shall be in
accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the
SPA One Affordable Housing Plan.
c) No final maps may be recorded within SPA One until such time that an annexable Mello Roos
District, or some other financing mechanism approved by the school district, to provide for the
construction of needed elementary, middle and high schools is established.
d) The applicant shall participate financially in proportion to other developers in a collaborative
study analyzing local park needs for the area east of the 1-805 Freeway prior to approval of the first
final map.
e) The applicant shall prepare a design study to determine the feasibility of providing grade
separated intersections for East Orange Avenue at Paseo Ranchero and Telegraph Canyon Road at
Otay Lakes Road. Said study shall be approved by the City Engineer prior to approval of any tentative
map for SPA One.
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f) The applicant shall enter into an agreement with the City of Chula Vista to participate, on a fair
share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP) prior to approval of the first final map within SPA One.
g) The applicant shall be required to equitably participate in any future regional impact fee
program for correctional facilities should the region enact such a fee program to assist in the
construction of such facilities. The applicant shall enter into an agreement with the City which states
that the applicant will not protest the formation of any potential future regional benefit assessment
district formed to finance correctional facilities.
h.) In order to satisi)' their fair-share contribution for financing the light rail transit system, the
applicant shall complete the following: 1.) dedicate to the City the Light Rail Transit (LRT) right-of-
way on the final map containing said right-of-way, as indicated on the approved tentative map; 2.)
rough grade said LRT alignment; and 3.) enter into an agreement with the City which states that the
applicant will not protest the formation of any potential future regional benefit assessrnent district
formed to finance the LRT.
i) A reserve fund program shall be established in accordance with the Otay Ranch General
Development Plan which requires that a reserve funding program be established concurrent with the
approval of the first SPA. The Applicant understands that the City and County are in the process of
negotiating a Master Property Tax Agreement regarding portions of the Otay Ranch which may have
an impact on the reserve funding program. Applicant understands and agrees that further details of the
reserve funding program shall therefore be established by the City in conjunction with final approval of
the Property Tax Agreement.
In accordance with the Otay Ranch General Development Plan requirements, the applicant shall
fund the annual fiscal reviews, conducted by the City or under the City's supervision, to evaluate the
fiscal impact of the project. As part of the annual review, the assumptions and inputs used in the Fiscal
Impact for New Development (FIND) Model shall be evaluated, including land use types, density and
timing, factors affecting cost and revenue estimates, allocation of local, regional, state and federal
funds, and any other factors deemed relevant by the City Manager. The annual fiscal review will
detennine the need for transfers !Tom the applicant reserve fund to the City in order to assure that the
GDP policies are fulfilled, particularly that all City services provided to the incorporated portion of
Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be
covered by project revenues and project exactions.
Prior to the approval of the first tentative map the applicant shall fund the Reserve Fund in an
amount detennined by the City. or at the election of the City, agree to fund the Reserve Fund, to offset
any annual operating deficit incurred by the City that is not covered by the Property Tax Agreement in
order to assure that the GDP/SRP policies, as described above, are fu1fi1led.
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IX. SCHOOLS
a) The applicant shall deliver to the School District a graded high school site including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance of the
2,65Oth building pennit (504 students). The all weather access road shall also be acceptable to the Fire
Department. This schedule is subject to modification by the School District as based on District facility
needs.
b) The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village One, prior to issuance of the SOOth residential building pennit (150 students). The all weather
access road shall also be acceptable to the Fire Department. This schedule is subject to rnodification by
the School District as based on District facility needs.
c) The applicant shall deliver to the School District, a graded elernentary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village Five, prior to issuance of the 2,500th residential building pennit (750 students). The all
weather access road shall also be acceptable to the Fire Department. This schedule is subject to
modification by the School District as based on District facility needs.
d) The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located west of
Paseo Ranchero, prior to issuance of the 4,50Oth residential building pennit (1350 students). The all
weather access road shall also be acceptable to the Fire Departrnent. This schedule is subject to
modification by the School District as based on District facility needs.
e.) If the Applicant is unable to deliver any of the school sites required by conditions (a) through
(d) at the locations identified in the SPA One Plan, applicant shalL at the time such site is required to be
delivered, take such actions necessary to deliver an alternative site that is satisfactory to the school
district or fund the acquisition of an alternative site.
x. MISCELLANEOUS
a) The applicant rnay file a master final map which provides for the sale of super block lots
corresponding to the units and phasing or combination of units and phasing thereof
If said super block lots do not show individual lots depicted on the approved tentative map, a
subsequent final map shall be filed for any lot which will be further subdivided.
All super block lots created shall have access to a dedicated public street.
The applicant shall post bonds to secure the installation of improvements in the amounts
detennined by the City Engineer priur to approval of a master final map. Said master final map shall
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not be considered the first final map as indicated in other conditions of approval unless said map
contains single or condominiurn multiple family lots shown on a tentative map.
b) The applicant shall cornply with all requirements and guidelines of the Parks, Recreation, Open
Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One
Affordable Housing Plan and the Non-Renewable Energy Conservation Plan, unless specifically
modified by the appropriate department head, with the approval of the City Manager.
c) Approval of the Otay Ranch SPA One does not constitute approval of the final lot
configuration, grading and street design shown within the SPA Plan.
d) The applicant shall secure approval of a Master Precise Plan for the Village One and Village
Five Core Areas, prior to submitting any development proposals for commercial, rnulti-fami1y and
Community Purpose Facility areas within the SPA One Village Cores.
e) The applicant shall fund the revision of the Public Facilities Developrnent Impact Fee (PFDIF)
Program, which shall be prepared by the City, as directed by the City Manager or his designee and
approved by the City Council prior to approval of the first final map within SPA One. Said
requirement shall be made a condition of approval of the first tentative rnap. The applicant shall receive
100% credit towards future PFDIF for funding this update.
f) Pursuant to the provisions ofthe Growth Management Ordinance and the Otay Ranch General
Development Plan (GDP), the applicant shall fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. An annual
review shall commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRP.
g) The applicant shall include maintenance of Telegraph Canyon channel east of Pas eo Ladera in
any open space district formed for SPA One on a fair share basis. This includes but is not limited to
costs ofrnaintenance and all costs to comply with the Department ofFish and Game and the Corps of
Engineers permit requirements.
XI. PHASING
a) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the applicant shall prepare a five year development phasing forecast identifYing targeted submittal dates
for future discretionary applications (SPAs and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifYing financing
options for necessary facilities.
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b) The applicant acknowledges that the Otay Ranch General Development Plan is based on a
village concept that provides for the construction of multi-family hornes and commercial uses along
with single family residential homes within SPA One. The City has allowed the early phases of the
project to consist almost exclusively of single family detached neighborhoods due to current rnarket
conditions. However the applicant understands that it is the City's intent to require the applicant to
focus development on only one of the SPA One village cores in order to increase the viability of the
core and to fulfill the objectives of the Otay Ranch General Development Plan.
In order to facilitate this objective, the applicant shall prepare a project phasing update to determine
which of the two villages the applicant will concentrate developrnent in. The phasing study shall
provide for the following: I) access to the high school site, community park site and neighborhood
park which is economically and physically feasible; 2) establishment of a residential phasing program to
complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identifY
the village that will be the focus of accelerated development; 4.) consideration of market conditions,
product absorption and location of appropriate product to meet demand, 5) limitation of public
services in the village which is not the focus of accelerated development and, 6) provision for
affordable housing opportunities as identified in the approved Affordable Housing Plan. The study
shall be undertaken prior to issuance of the 1 1 50th building permit and shall be submitted for approval
by the Planning Director and City Engineer prior to the issuance of the 1,401st building permit. As a
condition of approval of the first tentative map, the Applicant sha1l enter into an agreement with the
City in which the applicant agrees to implement the results of said study as determined by the City
Council. If the applicant fails to implement the results of the study as directed by City Council, the City
Council may take such actions as it deems necessary, including but not limited to withholding building
pennits
c) Phasing approved within the SPA Plan may be amended subject to approval by the Planning
Director and the City Engineer.
d) The Public Facilities Finance Plan sha1l be adhered to with improvements installed in accordance
with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modifY the
sequence of improvernent construction should conditions change to warrant such a revision.
xn. CODE REQUIREMENTS
a) The applicant sha1l comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
b) The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual.
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C) The applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended ftom time to time by the City. Said chapter includes but is not
limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090),
and public facilities finance plan amendment procedures (19.09.100).
d) The applicant shall pay reimbursement associated with undergrounding of utilities in accordance
with the City ofChula Vista Resolution 17516 dated June 7, 1994.
e) The applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if
purnp stations for sewer purposes are proposed.
f) The applicant shall enter into an agreement with the City, prior to approval of a final map for
any phase or unit, whereby:
1) The applicant agrees that the City may withhold building pennits for any units in the subject
subdivision if anyone of the following occurs:
a. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan in effect at the time of final map approval have been reached.
b. Traffic volumes, level of service, public utilities and/or services exceed the threshold
standards in the then effective Growth Management Ordinance.
2) The applicant agrees that the City may withhold building pennits for any of the phases of
development identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the
required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
14
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RESOLUTION PCM 95-0lB
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL
APPROVAL OF THE OT A Y RANCH SECTIONAL PLANNING
AREA (SPA) ONE PLANNED COMMUNITY DISTRICT
REGULATIONS
WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA)
One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch
LP ("Applicant"), and;
WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are intended
to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Developrnent
Plan (GDP), to implement the City ofChula Vista General Plan for the Eastern Territories, to promote
the orderly planning and long tenn phased development of the Otay Ranch General Development Plan
and to establish conditions which will enable the Otay Ranch SPA One to exist in harmony within the
community ("Project"), and;
WHEREAS, these Planned Community District Regulations are established pursuant to Title
19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and
are applicable to the Otay Ranch SPA One Land Use Plan of the SPA One Plan, and;
WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of
Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately
1,061.2 acres ofland located soutli of Telegraph Canyon Road between Pasco Ranchero and the future
alignment ofSR-125. The area west ofPaseo Rancho has been excluded from the SPA One Plan due
to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In
addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and;
WHEREAS, a GDP amendment was required to process this SPA without the area west of
Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as
a unit, and;
WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista
on May 14,1996, to allow the processing of this SPA without the area west of Pas eo Ranchero, and;
WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and
policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and
as amended on May 14,1996, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project and
notice of said hearings, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the
exterior boundaries of the property at least 10 days prior to the hearing, and;
IOj
Planning Commission
SPA One PC District Regulations
Page 2
WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995
and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and
May I, 1996 by a rnotion of the Planning Commission at which time, said hearings were thereafter
dosed, and;
WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft
Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum,
and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address
environmental impacts associated with the implementation of the Project, and;
WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by
reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP)
EIR 90-0 I and the Chu1a Vista Sphere of Influence Update EIR 94-03 as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified
by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993,
and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March
21, 1995, and;
WHEREAS, to the extent that these findings condude that proposed mitigation measures
outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or
withdrawn, the City of Chu1a Vista hereby binds itself and the Applicant and its successors in interest,
to implement those measures. These findings are not merely informational or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the ordinance approving the
Project. The adopted mitigation rneasures are express conditions of approval. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these
Findings and will be effectuated through the process of implementing the Project.
NOW, TIIEREFORE, BE IT RESOLVED THAT TIIE PLANNING COMMISSION hereby
adopts Final Second-Tier Environmental Impact Report EIR 95-01 and Addendum.
BE IT FURTIIER RESOLVED THAT TIIE PLANNING COMMISSION recommends that
the City Council adopt the attached draft City Council Ordinance approving the Project in accordance
with the findings and subject to the conditions contained therein.
BE IT FURTIIER RESOLVED that a copy of this resolution be transmitted to the City
Council.
pcm9501b.doc
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Planning Commission
SPA One PC District Regulations
Page 3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA this May 1, 1996 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
William C. Tuchscher II
Chainnan
Nancy Ripley, Secretary
Attachment:
Draft City Council Ordinance
pcm9501b,doc
105
ORDINANCE NO.
AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF
CHULA VISTA APPROVING TIlE OTAY RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLANNED COMMUNITY
DISTRICT REGULATIONS (pCM 95-01B)
WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA)
One Plan, was filed with the City of Chula Vista Planning Departrnent in July, 1994 by the Otay Ranch
L.P. ("Applicant"), and;
WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are intended
to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development
Plan (GDP), to implement the City ofChula Vista General Plan for the Eastern Territories, to prornote
the orderly planning and long term phased development of the Otay Ranch GDP and to establish
conditions which will enable the Otay Ranch SPA One to exist in harmony within the community
('Project'), and;
WHEREAS, these Planned Community District Regulations are established pursuant to Title
19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and
are applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan, and;
WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of
Village One east of Pas eo Ranchero. The SPA One Plan project area is comprised of approximately
1,061.2 acres ofland located south of Telegraph Canyon Road between Paseo Ranchero and the future
alignment ofSR-125. The area west ofPaseo Rancho has been excluded from the SPA One Plan due
to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In
addition, habitat in Village One, west ofPaseo Ranchero, needs further analysis, and;
WHEREAS, a GDP amendment was required to process this SPA without the area west of
Paseo Ranchero due to a requirement in the GDP that stated that all villages rnust be master-planned as
a unit, and;
WHEREAS, a GDP amendrnent was approved by the City Council of the City ofChula Vista
on May 14, 1996, to allow SPA One to be processed without the area west ofPaseo Ranchero, and;
WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and
policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and
amended on May 14, 1996, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project and
notice of said hearings, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and tenants within 1,000 feet ofthe
exterior boundaries of the property at least 10 days prior to the hearing, and;
IO~
Ordinance No.
Page 2
WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995
and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and
May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter
closed, and;
WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft
Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum,
and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address
environmental impacts associated with the implernentation of the Project, and;
WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by
reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP)
EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified
by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993,
and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March
21, 1995, and;
WHEREAS, to the extent that these findings conclude that proposed mitigation measures
outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest,
to implement those measures. These findings are not rnerely informational or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the ordinance approving the
Project. The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these
Findings and will be effectuated through the process of implementing the Project.
NOW, TIlEREFORE, BE IT RESOLVED THAT TIlE CITY COUNCIL of the City ofChula Vista
does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995,
November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this
Project on November 15, 1995, March 27, 1996, April 10, 1996, April 24, 1996 and May I,
1996 and the minutes and resolutions resulting thererrom, are hereby incorporated into the
record of this proceeding. These documents, along with any docurnents submitted to the
decision makers, shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
pcm9501b.doc
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Ordinance No.
Page 3
II. ACTION
The City Council hereby approves the ordinance adopting the Planned Community District
Regulations for the Otay Ranch SPA One Plan finding that they are consistent with the City of
Chula Vista General Plan and that the public necessity, convenience, general welfare and good
zoning practice supports their approval and implementation.
II. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact,
the Mitigation Monitoring and Reporting Program and the Statement of Overriding
Considerations are prepared in accordance with the requirements of the CEQA, the State EIR
Guidelines and the Environmental Review Procedures of the City ofChula Vista.
VI. This ordinance shall take effect and be in full force the thirtieth day ITom its adoption.
pcm950 1 b.doc
, 0'0
Ordinance No.
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California this
May 21, 1996, by the following vote:
YES:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Ordinance No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 21th day of May, 1996.
Executed this 21th day of May, 1996.
Beverly A. Authelet, City Clerk
pcm950Jb.doc
109
PLANNING COMMISSION INFORMATIONAL MEMO
May 1, 1996
TO: Chairman Tuchscher and Planning Commission
FROM: Jerry Jamriska, Special Planning Projects Manager,
SUBJECT: Noticing of Recent EIR and SPA One Public Hearings
At the April 24, 1996, Public Hearing held on this project, Mr. John Burns, Mr. Able
Parra and Mr. Ernest Hofer all stated that they had not received notices informing them of
the public hearings being held on this project. It is the intent of this rnemo to provide the
Planning Commission with information regarding the noticing practices of the City,
provide proof that these owners were notified properly and explain why there rnay be
confusion on this issue.
On September 22, 1995, notices were sent to approximately 2,000 residents and tenants
who live within a 1,000-foot radius of the Otay Ranch GDP area. These notices informed
the receiver that the Planning Commission was meeting on a number of SPA One related
issues on November 8, Novernber 15 and November 17, 1995. The meeting ofNovernber
15, 1995 was continued to a date to be announced and, at that tirne, the Novernber 17,
1995 meeting was canceled.
On February 12, 1996, notices were again set to approximately 2,000 residents and
tenants who live within a I,OOO-foot radius of the Otay Ranch GDP area. These notices
informed the receiver that the meeting continued rrom Novernber 15, 1995 had been
rescheduled. The notice gave the dates of the rescheduled meetings as March 27, 1996
and April 10, 1996. The Planning Commission rnet at these advertised dates but also
continued the hearing to dates certain. The Planning Commission hearing held on this
project on April 24, 1996 was a continued meeting.
The property owners in question were duly noticed on September 22, 1995 and
February 12, 1995 as confirmed by the xerox copies of the labels used to address their
notices. Copies of the labels that were used to notice all of the owners in the Southwest
Corner have been attached to this rnemo for the Council's benefit.
In addition, Mr. Burns and Mr. Hofer were present at the April 24, 1996 hearing. Staff
had informed them the previous week of the meeting 'to be held on this date.
Attachment: Public Notice Labels
NOTICMMO.DOC
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MEMORANDUM
DATE:
May 1, 1996
SUBJECT:
Chairman Tuchscher and Members of the Planning Commission
Jerry Jamriska, Special Planning Projects Manage~' 1>
Minor Modifications to SPA One ~
-----'
TO:
FROM:
Four minor items are proposed to be included as modifications to the SPA One and Phase
2 RMP as noted below:
I. Errata Sheet for the Ranch Wide and SPA One Affordable Housin~ Plan
As a result of the rnodification to condition of approval #VIIl.b), which postponed the
requirernent for the affordable housing agreement iTom tentative to final rnap, the Planning
Department has requested that the above noted housing plans be rnodified in order to
rnaintain consistency with the condition. All references in the Ranch-wide and SPA
Affordable Housing Plans to "Tentative Subdivision Map Level Affordable Housing
Agreernents" shall be modified to read "Final Subdivision Map Level Affordable Housing
Agreements." The errata sheet is indicated in Attachment 1.
II. Errata Sheet for Village Design Plan
The Village Design Plan is proposed to be modified in order to reflect a change to
condition of approval #IV.a) which occurred as a result of a meeting with the City Transit
Coordinator on April 22. It was indicated at that meeting that Condition IV.a) needed to
be more flexible, since it is not certain at this time when the light rail transit will corne on
line and where the exact location of the stops will be. It was also noted at the meeting
that design sketches of the transit stops would be included in the Village Design Plan. The
errata sheet to the Village Design Plan allows for indicates location of potential bus stops
on East Palomar Street and requires design of stops to be included in rnaster precise plan
for the Village Core. (See Attachment 2.)
III. Errata Sheet for Phase 2 Resource Management Plan
The City Attorney has requested that the Phase 2 RMP be modified to delete the reference
in the Regional Benefits Section which discusses the draft MSCP prograrn. The Regional
Opportunities Section now indicates that there are other opportunities outside of the
Ranch to add to the open space systern for the benefit of the entire region. (See
Attachment 3).
IV. Additional Condition of Approval
The Planning Department has requested that an additional condition of approval be added
to SPA One which would require that the Otay Ranch SPA One employ the services of a
private sector project manager, similar to what has been required of EastLake, Rancho
del Rey, and the proposed Salt Creek Ranch developments. The purpose of the project
rnanager is to provide a review and overall coordination process prior to or concurrent
with submittals to the City of Chula Vista. Because of the uncertainty and the potential
for multiple ownership's within SPA One, the Planning Department is recommending that
following condition of approval be added to approval for the SPA.
"The owners of each village shall be responsible for retaining a project rnanager to
coordinate the processing of discretionary permit applications originating from the private
sector and submitted to the City of Chula Vista. The project manager shall establish a
formal submittal package required of each developer to ensure a high standard of design
and to ensure consistency with standards and policies identified in the adopted SPA Plan.
The project manager shall have a well-rounded educational background and experience,
including but not limited to land use planning and architecture."
Attachments:
1. Ranch-Wide and SPA One Affordable Housing Plan Errata Sheet
2. Village Design Plan Errata Sheet
3. RMP Errata Sheet
4. Memorandum from Planning Department
PCSOIMEM.DOC
Ranch-Wide and SPA One Affordable Housing Plan Erratas
(November 6, 1996 Version)
Page Revision
Ranch-Wide Affordable Housing Plan
3 1st paragraph, 2nd sentence - Final Teffillti'/e Map Affordable Housing
Agreements.. .
13 last paragraph, last sentence - ...a Final Teffillti'/e Subdivision Map...
14 2nd paragraph, 1st sentence - " . adoption of an Implementation
Agreement at the Final Teffilltive Map Level...
15 1st heading - 2. Final TeHtlltive Map Level Affordable Housing
Agreement(s)
1st paragraph, 1st sentence - A Final Teftltllive Map Level Affordable
Housing Agreement must be executed at the time of approval of the fIrst
Final Teatatiye Map within each SPA area.
last paragraph, last sentence - ...and Final Tentative Map Level...
SPA One Affordable Housing Plan
8 2nd paragraph - . ..first and subsequent Final Teatatjye Subdivision...
3rd paragraph - ...covered by each Final Teffilltive Subdivision...
12 1st paragraph - ..., and any subsequent, Final Teffillti'/e Subdivision
Maps.
(;\erratas.tbl)
t:x~'b,t I
Village Design Plan Errata
(November 9,1995 Version)
11-39 Circulation -Non-Vehicular - add potential bus stops along E. Palomar
Street.
II-Sl Third bullet - Urban Character/Architecture - Identification of
architectural style and key urban elernents inc1udin~ the transit station
desij1n.
Page
III-43 Circulation -Non-Vehicular - add potential bus stops along E. Palornar
Street.
III-SS Third bullet - Urban Character/Architecture - Identification of
architectural style and key urban elements. inc1udinj1 the transit station
desij1n.
H:\OtayIDesign\ VDPlErrata2.doc
4/23/96
~y:~bi r ;2.
APR-24-SS lS,31 FROM,
ID,
PAGE
2/3
Otay Ranch Phase 2 Resource Management Plan
PRESERVE MANAGEMENT, CoNVEYANCE, FUNDING
b. RegiQnaJ./lellejit QpporlWliti~
As discussed throughout this document, the Otay
Ranch properties have an obligation to convey 11,375
acres to the Preserve OwnerlManager for the purposes
of establishing a preserve. However. the creation of
the preserve establishes a location and or~~i7-"tional
framework within which properties othe~Han O~v
Rs.nch or entities other tha~ Chula Vi and the
Countv can contribute additioMl lAnds or Dreserve
imorovements to build an ODen soar: s:te~ of~e::t
to the entire reeion. Exhibit 17 de ic so e e' c
ODPortunities for such contribution. The e!!.a~: ~
aB ll,:na aaFe jinseNe €FSB!. the g1;~ c
~o~es B!.1iSt, aee8t..1'ag ts gtat8 law, e~ ::;::e;;;
;relsA;ea t8 the BotlaSS ea!eatea BY tke ae','\! _ 0 :
the ji.l'sfle_.t~. CeBveFee~, thal'e B!.UBt he ~;a:~:
relatieae~ hetwee:a tee Bs:a.etits jil1'eVl : e
sxaeti8:a aBa the develepmeai.
'rB.e :pr.ese~e, BeB8.USG af its sise, 1'6latieBS1:dr ta etasF
Oflela sjiaee l^-tis eel Fslatiaaehiji ts athat ae''eIefl~
la:ads. affcrs ji~1ie heBeRis wt.:th !H'Th:j~~ ;l;
ba~'sB.a the reEaaests sf Ot903'' Reea. , e
suneet alia fut'la'e .prspeP5y' s:w:ael'S ~:a.~:::~~;t: ~
~:a: !--!h He ei:lligatea t9 dBe9&ly _.~::
fei' the aFeatisB, B!.-'llteBeee Ime!. ;;e-;~
pl'eserve, the eeB.eBt ef the Jj!'eserve aesnies te mSFe
thaB j~t Qtay RaRek l'e!JiEle!lts.
The SSBeept sf l.'e~sBal seBeRi sf a 1!H'@'e saale spe:a.
8IIaee system i.9 ~6f8Ilg:eIy. tUse\iBsea ~ :e~~:
MSCP Prsg:FABi. weish l'eeeW'-es the Bee h ;
~!~~ Ce~ resiaeBts Be aasessea !l fee SF ;; ;; hcl
pay fer the gesel'91 p1iSas.B?:a.';!& ass~s~~:~~ ~
AIQCP pJresewe systeM. .1_ SHB-1~ mtl II S
the Ot~ D^aea JjreeerJ's.
AeeerA'-giy, fuE the fll'efle~ e~he1'5. a:::: ~~e~~ ~
Ota:r Rimsa te Ii e tlteatea HI. as. sq\uta S e ,
Otay
Ranch
Page 103
February 5, 1_
t=::xtv. bit- ';>
APR-24-9S 16:32 FROM:
ID.
Otay R...lch Phase :1 Resource Mana/j.!ment Plan
PRESERVE MANAGEMENT, CoNVEYANCE, FUNDING
tB.a MSCP j9rsg!'^~ SF sthe:r esslla:mhle l'egiaBal BY
sa.hregisftal hasitat es:a.ssrvatieB lII'egl'''- :is
HB.lIlaseateEl. tm-augh a Bl'eaE! Baseil fee aF taR fail' t:lie
mamteB8Bse as.a apepatie:a af a regiaBal ~reGen.e, the
acpal'9.te finaReial abligatia:a. impaseE! 1iI!BB Ot~
~aJa9h l'esiilents shea:Lil be e"-'-ateEi.
Olay
Ranch
Page 104
February 5, 1996
PAGE
3/3
April 29, 1996
TO: Chair and Mernbers of the Planning Co
FROM: Ken Lee, Assistant Planning Dinecto
SUBJECT: Added Condition Proposed for Otay
All previously developed planned communities, such as EastLake, Rancho del Rey, and the
proposed Salt Creek Ranch development have employed the services of a project manager in the
private sector to provide a review and overall coordination process prior to or concurrent with
submittals to the City of Chula Vista.
Because of the uncertainty and the potential for multiple ownerships within SPA I of the Otay
Ranch, I am recommending that the following condition be added to any proposed approval of
the SPA, to read as follows:
"The owners of each village shall be responsible for retaining a project manager
to coordinate the processing of discretionary permit applications originating frorn
the private sector and subrnitted to the City of Chula Vista. The project manager
shall establish a formal subrnittal package required of each developer to ensure
a high standard of design and to ensure consistency with standards and policies
identified in the adopted SPA Plan. The project rnanager shall have a well-
rounded educational background and experience, including but not limited to land
use planning and architecture. "
(m: \home\planning\spal cond. or)
cc: Kim Kilkenny, Village Development Co.
Jerry Jarnriska, Special Projects Manager-Otay Ranch
Ann Moore, Assistant City Attorney
fax: Kent Aden, Village Development Co.
~y,~~it 4-