HomeMy WebLinkAboutPlanning Comm Reports 2004/08/25 (2)
PLANNING COMMISSION AGENDA STATEMENT
Item No.:~
Meeting Date: 8/25/04
ITEM TITLE:
Public Hearing: PCM-04-15; Request to amend the Freeway
Commercial Sectional Planning Area (SPA) Plan, and to modify the Freeway
Commercial SPA Planned Community District Regulations and the Freeway
Commercial Design Plan
Applicant - General Growth
General Growth has applied to amend the FC-l area (McMillin Companies ownership) of the
Freeway Commercial SPA Plan. The proposal includes the deletion ofthe Commercial Promenade
with transit through the FC-l area and adds the provision ofa loop street with two connections to
Birch Road. The Concept Plan changes fTom a large format discount retailer to a fashion department
store based regional center. In addition, the transit line is relocated adjacent to EastLake Parkway
with the transit station at Kestrel Falls and EastLake Parkway.
The City's Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 04-02. Thus, no
further environmental review or documentation is necessary.
RECOMMENDATION:
That the Planning Commission adopt:
. Resolution No. PCM 04-15 recommending the City Council approve the attached City
Council resolution, which amends the Freeway Commercial SPA Plan; the Freeway
Commercial Planned Community District Regulations; and the Freeway Commercial Design
Plan.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
BACKGROUND:
In October 1993, the City Council and County Board of Supervisors jointly approved the Otay Ranch
General Development Plan (GDP)/Subregional Plan for the 23,000-acre Otay Ranch, including
Planning Area 12, which was comprised ofthe 289-acre Eastern Urban Center and the approximately
106-acre Freeway Commercial. While the GDP required a SPA Plan be prepared for an entire
planning area, the June 4, 1996 GDP amendment authorized preparation of a separate SP A Plan for
the Freeway Commercial area of Planning Area (P A) 12. The GDP (as amended in 2001) authorizes
110.2 acres of commercial use, with open space use and arterial roadway use, for a total of 134.5
acres of Freeway Commercial. This previous amendment laid out the circulation system and defined
/- /
Resolution PCM 04-15
Page 2
Item No.: /
Meeting Date: 8/25/04
the village boundaries for the Otay Valley Parcel including PA 12's Eastern Urban Center and
Freeway Commercial. The GDP does not separately reference the Freeway Commercial component
of PAI2, but provides a general description as: "The Freeway Commercial area provides for a
mixture of uses suitable for, and dependent on, direct highway exposure, including large-scale uses
which require a site primarily served by vehicular access."
In March of 2003, the City Council approved a SPA Plan for the Freeway Commercial portion of
Planning Area 12. This SPA Plan covered both the McMillin Companies ownership and the Otay
Ranch Company. The Council subsequently approved a tentative map for McMillin's 86-acre
portion. The PA 12 - Freeway Commercial area is divided into two parcels with two separate
owners. McMillin Otay Ranch LLC owns approximately 86.1 acres in the southern portion
(identified as FC-l) and Otay Ranch Company owns approximately 34.4 acres in the northern
portion (identified as FC-2). McMillin financed the final preparation ofthe SPA Plan, PFFP and
EIR.
The development concept in the Design Plan for the previously approved SPA Plan proposed a
shopping center divided into three sections by internal Commercial Promenade streets. The concept
provided for large format discount retailers, a home improvement store, drive-through restaurants,
financial institutions, and small in-line shops. Large parking fields were proposed in front of each of
the major users. A small amount of pedestrian-oriented shops were called for at the intersection of
the two promenade streets.
During the public hearings on the SPA Plan, McMillin proposed that an alternative concept plan be
included in the SPA Plan. This concept provided for the department store anchors with a grid pattern
of streets. The City Council approved the SPA Plan with the Alternative Concept Plan.
General Growth Properties is acquiring the FC-I site fTom McMillin and has applied to develop the
FC-l site with the department store format but has changed the circulation system.
1. Site Characteristics
The Freeway Commercial site, located at the northeastern section ofthe Otay Valley Parcel of the
Otay Ranch, consists of 132.9 acres ofland characterized by fairly flat mesa tops and gently rolling
hills. A natural gently sloping canyon is in the central part of the property and heads west toward
Poggi Canyon. The site is currently being graded under the previous SPA and tentative map
approvals. The entire Freeway Commercial site will be graded as on large pad with no internal
slopes.
The near fully developed community of EastLake Greens and the EastLake Terraces are located
directly to the north of the Project adjacent to Olympic Parkway. Other villages and planning areas
ofthe Otay Ranch GDP bound the FC site. Village Six is located to the west, separated by the future
alignment of SR-125; Village 11 is located to the east, across the future extension of EastLake
Parkway; and the future EUC is located to the south across future Birch Road.
I-A
Resolution PCM 04-15
Page 3
Item No.: /
Meeting Date: 8/25/04
2. Existing General Plan, Zoning and Land Use
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for
urban villages that are transit-oriented and pedestrian fuendly. The GDP, however, also set aside
Planning Area 12 for large regional commercial opportunities that are excluded !Tom the Village
Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use
category for regional uses which require an automobile orientation near regional transportation
systems.
The GDP, which authorizes 134.5 acres for P A 12 - Freeway Commercial, further details the General
Plan land uses shown in the following table:
PLANNING AREA 12 - FREEWAY COMMERCIAL
GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USES
General Plan Land Otay Ranch GDP Chula Vista
Use Designation Land Use Municipal Existing
Chula Vista Desi!!Dation Code/Zonin!!: Land Use
Retail Freeway PC, Planned Vacant
Commercial Community
The Otay Ranch is zoned Planned Community (PC) as are other master planned communities. Land
development regulations are contained in the Planned Community (PC) District Regulations within
each master planned community SPA Plan, along with a zoning boundary map that designates a zone
for each neighborhood. The Freeway Commercial SPA Plan Zoning District Map (Exhibit PC-I in
the SPA binder) identifies two zoning districts for the FC proj ect: "FC 1 - Freeway Commercial" and
"FC2 - Freeway Commercial". The "FCl - Freeway Commercial" zoning designation applies to the
McMillin owned portion of Planning Area 12- Freeway Commercial, while "FC2 - Freeway
Commercial" zoning designation applies to the portion owned by the Otay Ranch Company.
The GDP's land use design, character and policies section [Part II, Ch. 1, D.3.b.] for the Freeway
Commercial states:
"The fteeway commercial area provides for a mixture of uses suitable for, and
dependent on, direct highway exposure, including large-scale uses which require sites
primarily served by vehicular access. Typical uses permitted in the Freeway
Commercial category (FC) include automobile centers; discount stores; warehouse
outlets; membership clubs; and other large scale uses that require !Teewayexposure.
Public uses such as park-and-ride and transit related services are also permitted."
The GDP's Freeway Commercial policies in this section [Part II, Ch. I, D.3.b.] are as follows:
. The actual amount and location of !Tee way commercial uses shall be established at the SP A
level.
/ - ,,,!!
Resolution PCM 04-15
Page 4
Item No.: /
Meeting Date: 8/25/04
. The freeway commercial land use category permits !Teeway-oriented, low scale buildings of
three stories or less (heights will be established at the SPA level). The mass of buildings
shall be balanced with landscaped setbacks and landscaping within parking areas.
. Setbacks, which prevent a "strip development" appearance, should be established at the SPA
level.
. Prepare a signage program for !Teeway commercial uses concurrent with the first SPA
containing !Teeway commercial uses.
GDP Freeway Commercial policies found in the village descriptions and policies section [Part II, Ch.
1, F.12.c.] state the following:
. This category includes regional uses, which require an automobile orientation near regional
transportation systems. Expected uses include thoroughfare commercial, visitor commercial
and regionally oriented retail commercial.
. The freeway-oriented commercial area shall include uses such as: an auto center;
membership commercial, wholesale or discount outlets and other uses which require direct
!Teeway exposure and serve a regional market.
. Develop a signage and graphic program at the SPA level.
. Reserve a park-and-ride at the transit stop at the northeast intersection of Birch Road and
SR-125.
. Transit line rights-of-way and trolley stops/stations shall be approximately located at the SPA
level and will be conditioned for dedication at the Tentative Map level within the EUC and
Freeway Commercial area [as amended June 4,1996].
3. Proposed Plan
Provosed Otav Ranch Freewav Commercial SPA Plan Amendment
General Growth has applied to amend the Freeway Commercial SPA Plan to incorporate the
following changes, which primarily apply to the area designated as FC-l:
1.
Existin A roved SPA
Internal streets are public, with a spine road
bisecting the parking fields, with 4 separate
clusters of retail sho Ill.
Parking fields are widely dispersed through
the center of the project, with retail on the
erimeter.
BRT Transit line is routed east half-way to
EastLake Parkway and then continues south
to Birch Avenue and into the EUC, on an
aligmnent down the center ofthe Freeway
Commercial ro' ect.
2.
3
/-L/
Amended SPA
Internal streets are private, with a perimeter
ring road around primarily a retail shopping
mall.
Parking fields are primarily located on
perimeter of retail shopping mall, with some
on-street arkin on internal main street.
BRT Transit line is routed east almost to
EastLake Parkway and then continues south
to Birch Avenue and into the EUC, on the
east edge of the Freeway Commercial
ro'ect.
Resolution PCM 04-15
Page 5
Item No.: I
Meeting Date: 8/25/04
4 Transit station is located in the center of the Transit station is located near the intersection
project, at the property line between FC-l of Street B and EastLake Parkway, (opposite
and FC-2. Kestral Falls), closer to Village 11 's multi-
family housing.
5 Fast food restaurants and restaurants with Allows certain uses in Zoning District FCI
drive through facilities require approval of that were previously Conditional approved by
Use Permit by Planning Commission the Planning Commission to be
Administrative approved (A):
. Fast food restaurants with drive
through.
. Restaurant, drive through.
6 Kiosks in the parking lot requires Use Permit Allows certain uses in Zoning District FCl
approved by Zoning Administrator that were previously Administrative to be
Permitted (P):
. Kiosks within the plaza area.
7 Height of building 35 feet Height of department store buildings 60 feet.
Architectural features 50 feet Architectural features 75
City staff has worked with General Growth to design the FC-l area as "life-style" center with three
fashion-store anchors, movie theater complex, restaurant row, sports stores and smaller in-line shops
and food service. The in-line shops have been designed as "liner" stores in !Tont of the department
stores to provide a continuous pedestrian !Tontage along the main street through the center. On-street
parking is proposed along the main street, which also incorporates pedestrian courts and plazas. The
challenge has been to provide a pedestrian connection to the future EUC south of Birch Road. Two
drive entrances are now proposed off Birch Road. The westerly drive has been designed to
accommodate not only the majority ofthe Freeway Commercial traffic but the 20,000 peak hour trips
leaving the EUC in the evening. The easterly drive (Street C) has been designed as the main
pedestrian-oriented crossing of Birch Road from the Freeway Commercial to the EUC. Because the
majority oftraffic is turning into the FC and EUC, Birch Road can be narrowed by one lane in each
direction !Tom Street C to EastLake Parkway. This reduction in width will make a shorter crossing
for pedestrians. The reduction is indicated in the SPA Plan as an interim condition until additional
policy language can be added to the General Plan and GDP to make the condition permanent.
The 1993 GPD envisioned the light rail transit line crossing SR-125 !Tom Village Six and running
through the middle of the Freeway Commercial and Eastern Urban Center to Village
Nine/University. The transit stop in the Freeway Commercial was for the Park-and-Ride facility that
would provide transit access for the non-transit villages and the other adjacent master planned
communities. The proposed project relocates the transit line away from the center of the Freeway
Commercial to a location adjacent to EastLake Parkway. The transit station is now planned at the
entrance to the center on Street B across from Kestrel Falls Street in Village 11. The Park-and-Ride
facility with 200 parking spaces is located to the north of the station. This change in the transit
alignment and station location is acceptable to the City and SANDAG staff since the main purpose of
the station was to serve the Park-and-Ride Facility. SANDAG and City staffs support this alignment
only with the commitment !Tom the McMillin Companies that the alignment will swing into the
center ofthe EUC as it crosses Birch Road. It is vitally important to the success ofthe transit service
/-~
Resolution PCM 04-15
Page 6
Item No.: I
Meeting Date: 8/25/04
to the EUC that the station and the service radius be centrally located in the EUC. McMillin has
submitted a letter indicating their proposed conceptual location for the transit alignment and station
in the EUC (Attachment 7)
The proposed amendments will meet the needs of the shopping center developer by providing for a
pedestrian-oriented main street through the center of the proj ect. The change !Tom large format
retailers to department stores was included with the adoption of the SPA by the City Council in
2003. The relocation ofthe transit line provides a more pedestrian-oriented main street while still
providing the Park and Ride facility required by the GDP.
ProlJosed Freewav Commercial Planned Community District Rezulations
The PC District regulations amendment creates two Freeway Commercial districts, one for each
ownership within the existing Freeway Commercial. The FCl designation is applicable to the FC-l
portion ofthe Freeway Commercial site (General Growth as applicant) while the FC2 designation is
applied to the FC -2 portion that is owned by the Otay Ranch Company.
Desizn Plan Amendments
The Freeway Commercial SPA Plan contains a Design Plan as required by the GDP for all SPA
Plans. This plan sets out the design concepts for the SPA for site planning, architecture, landscape,
lighting and signs. The proposed amendment changes the concept from the large format discount
stores (Attachment 2) or the department store format with a grid system of streets (Attachment 3) to
the current General Growth proposal for the department stores format with a "Main Street" concept
(Attachment 4). The proposed amendments are consistent with the Otay Ranch GDP design plan
requirements.
CONCLUSION:
The Otay Ranch GDP policies for Freeway Commercial indicate the area will consist of auto
oriented large-scale retail establishments. The proposal by General Growth to provide major retail
stores instead of discount retail stores is consistent with the GDP policies for Freeway Commercial.
The proposed amount of square footage is consistent with the approved SPA and that authorized by
the GDP. Other GDP requirements, such as siting a transit station, are maintained in the SPA Plan.
Staff is supportive of General Growth's proposal for a high quality retail project that is consistent
with the Otay Ranch GDP policies.
Attachments
1. Locator Map
2. Approved Conceptual Site Plan
3. Approved Alternative Conceptual Site Plan
4. Proposed Conceptual Site Plan
5. Proposed Amended Freeway Commercial SPA Plan
6. Freeway Commercial SPA Plan Planning Commission Resolution PCM 04-15
7. McMillin Proposed EVC transit alignment and station
8. Freeway Conunercial SPA Plan Amendment Draft City Council Resolution
9. Freeway Commercial SPA Plan Draft City Council Planned Community District Amendment Ordinance
j--f.,.,
Resolution PCM 04-15
Page 7
10. Freeway Commercial SPA Plan FEIR-04-02 Addendum
11. Disclosure Statement
H:\PLANNING\Otay _ Ranch\FrwL Camm _ SP A \General Growth\8-12 _ FCml_ SP A_Amend _ PC _ STFRPT.doc
/ - 7
Item No.: /
Meeting Date: 8/25/04
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CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: General Growth Properties, Inc, MISCELLANEOUS
PROJECT Eastlake Parkway &
ADDRESS. Birch Road Request: Proposal for a SPA Amendment for a retail development within the
Otay Ranch Planning Area 12, Freeway Commercial (86,9 acres) site.
SCALE: FILE NUMBER:
NORTH No Scale PCM-04-15 Related cases: PCS.05-02 ATTACHMENT 1
J:\planning\carlos\locators\pcm0415cdr 8.17.04
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INTRODUCTION
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This conceptual site plan for the ultimate
development for FC-1 represents the
intended vision, Changes and refinements
may occur during subsequent design.
review Bnd implementation phases.
Source:
SGPAArchitects & Planners
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DESICiN PLAN
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ATTACHMENT 2
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Conceptual Site Plan
Alternative
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ATTACHMENT 3
INTRODUCTION
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DESIGN PLAN
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/-11
ATTACHMENT 4
RESOLUTION NO. PCM-04-15
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE AMENDMENT TO THE PLANNING AREA 12-
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA
(SPA) PLAN, PLANNED COMMUNITY DISTRICT
REGULATIONS AND DESIGN PLAN FOR OTAY RANCH
PLANNING AREA 12 - FREEWAY COMMERCIAL.
WHEREAS, a duly verified application was filed with the City of Chula Vista Planning
Department by General Growth Properties, Inc. ("Applicant") requesting approval of amendments to
the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan and associated
regulatory documents, Planned Community District Regulations. The SPA Plan also includes the
Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation
Plan for 132.9 acres ("Project); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and commonly known as Planning Area 12 - Freeway
Commercial, and for the purpose of general description herein consists of approximately 132.9 acres
located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic
Parkway, Eastlake Parkway and Birch Road within the Otay Ranch Planned Community ("Project
Site")' and
, ,
WHEREAS, the development of the Property has been the subject matter ofthe Otay Ranch
General Development Plan ("GDP") previously approved by the City Council on October 28, 1993
by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part
on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH
#9010154 {"Program FEIR 90-01"); and,
WHEREAS, the City Council of the City of Chula Vista has previously reviewed,
analyzed, considered, and certified Otay Ranch Planning Area 12 - Freeway Commercial SPA
Plan Final Environmental Impact Report (FEIR 04-02); and,
WHEREAS, the City's Environmental Review Coordinator has determined that any
impacts associated with the proposed amendments have been previously addressed by FEIR 04-02
and has, therefore, prepared an addendum to said FEIR. The amendments are in substantial
conformance with the Otay Ranch GDP and SPA on which the FEIR analysis was based and
therefore, approval and implementation of the SPA amendments does not change the basic
conclusions of the FEIR. The addendum has been prepared in accordance with requirements of
the California Environmental Quality Act, State EIR Guidelines and the Environmental Review
Procedures of the City of Chula Vista; and,
Attachment 6
/-/.:1
WHEREAS the Planning Commission having received certain evidence on August 25, 2004,
as set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in theirrecommending Resolution PCM-04-15, herein, and recommended that
the City Council approve the Project based on certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City at least 10 days prior to the hearing and its mailing to property owners
within 500 feet of the exterior boundaries of the property; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 25, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning
Commission, the Planning Commission has determined that the approval of the amendment to the
Sectional Planning Area (SPA) Plan for Otay Ranch Planning Area 12 - Freeway Commercial (pCM-
04-15) is consistent-with the City ofChula Vista General Plan, the Otay Ranch General Development
Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and
good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
the City Council adopt a resolution approving the amendments to the Otay Ranch Planning Area 12-
Freeway Commercial Sectional Planning Area (SPA) (PCM-04-15) and supporting regulatory
documents including Planned Community District Regulations, and Design Plan, involving
approximately 132.9 acres ofland known as "Planning Area 12 - Freeway Commercial" located in
the north-central portion of the Otay Valley Parcel, between the future extension aligmnents of
Olympic Parkway, EastLake Parkway, Birch Road and SR-125 in accordance with the findings
contained in the attached City Council Resolution and that a copy ofthis resolution be transmitted to
the owners of the property and the City Council.
/_/3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 25th day of August, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
H:\PLANNING\Otay _ Ranch\Frwy_ Camm _ SP A \FwyCml-PCM-99-o8 PCRESO.doc
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CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: General Growth Properties. Inc, MISCELLANEOUS
PROJECT Eastlake Parkway &
ADDRESS: Birch Road Request: Proposal for a SPA Amendment for a retail development within the
Otay Ranch Planning Area 12, Freeway Commercial (86,9 acres) site.
SCALE. FILE NUMBER: A
NORTH No Scale PCM-04-15 Related cases: PCS-05-02 EXHIBIT
J:\p!anning\carlos\locators\pcm0415cdr 8.17.04
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EXHIBIT "B"
OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT
CONDITIONS OF APPROVAL
GENERAL PROVISIONS
I. 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". "Owners" refers to the property owners whose land is contained
in the Freeway Commercial SPA Plan.
2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
!Tom the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation.
3. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report for the Project. Applicant and Owners shall
indemnify, protect, defend and hold the City harmless from and against any and all
claims, liabilities and costs, including attorney's fees, arising !Tom challenges to
entitlements and approvals issued by the City in connection with the Project.
4. Approval of the Otay Ranch Freeway Commercial SPA Plan does not constitute approval
of the final lot configurations, grading, or street designs shown within the SPA plan.
Modifications must be reviewed and approved by the City Engineer and Director of
Planning and Building, the Planning Commission and/or the City Council during the
tentative subdivision map process.
5. The Applicant and Owners shall comply with all requirements, guidelines, and policies of
the City of Chula Vista including, but not limited to the following: its General Plan; the
City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay
Ranch Resource Management Plan; Overall Design Plan; Otay Ranch Freeway
Commercial Final Environmental Impact Report (EIR) and addendum, Otay Ranch
Freeway Commercial Sectional Planning Area (SPA) Plan as amended, PC District
Regulations, Design Plan and supporting documents including: Freeway Commercial
Public Facilities Finance Plan; and the Air Quality Improvement Plan, Water
Conservation Plan, and Non-Renewable Energy Conservation Plan.
6. The Applicant and Owners_shall comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18146 by the City
Council on October 22, 1996 ("Conveyance Agreement").
I-/tb
ENVIRONMENTAL
7. The Applicant and Owners shall implement, to the satisfaction of the Director of
Planning and Building, all environmental impact mitigation measures identified in Final
EIR 02-04 (SCH#1989010154), the candidate CEQA Findings and Mitigation
Monitoring Program (Final ErR 02-04) for this project. (P/anning and Building)
8. The Applicant and Owners shall comply with all requirements and policies of the Otay
Ranch Resource Management Plan (RMP) approved by the City Council on October 28,
1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve
Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended !Tom
time to time, and shall enter into an agreement with the City prior to the approval of the
first Final Map for this Project, in order to implement the provisions of the Phase 2
Resource Management Plan. (Planning and Building)
9. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve
Owner/Manager (POM) and any lien holder, an easement restricting use of the land to
those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon
the recordation of each final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant
and Owners shall be required to provide subordination of any prior lien holders in order
to ensure that the POM has a first priority interest in such land. Where consent and
subordination cannot be obtained, the Applicant and Owners shall convey fee title.
Where fee title or an easement is conveyed, access to the satisfaction of the POM shall
also be conveyed. Where an easement is granted, each tentative map is subject to a
condition that fee title shall be granted upon demand by the POM. The Applicant and
Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon
the recordation of each final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. The Applicant and Owners shall maintain and
manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines
until such time when the POM has accepted the conveyance parcel. (Planning and
Building)
10. The Freeway Commercial project shall be included in the Preserve Maintenance District
(Community Facility District 97-2) prior to the first final map and to the satisfaction of
the City Engineer and the Director of Planning and Building. (Engineering, Planning and
Building)
II. The Applicant and Owners shall obtain any necessary permits and comply with any
applicable requirements of the California Department of Fish and Game, the U.S.
Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. If required,
Developer(s) shall apply for and receive a take permit/authorization !Tom the U.S.
Department ofFish and Wildlife or comply with the approved City of Chula Vista MSCP
Subarea Plan or other equivalent take permit-authorization applicable to the project.
Page 2 of7
1-/7
DESIGN
12. The architectural style of the two Design Review Planning Areas shan be compatible and
consistent with each other. While variation is encouraged for individual identity of each
Planning Area, the two Planning Areas shan be compatible in building scale, proportions,
mass and form; building and roofing materials and colors; lighting; and hardscape and
landscape design and materials. Applicants shan prepare plans for Design Review
Committee analysis that win enable the Design Review Committee to find that these
plans are consistent with the Freeway Commercial SPA Design Guidelines. Rear
elevations adjacent to public right-of-way or adjacent property shan have architectural
treatment consistent with the front elevations.
13. Design features that promote pedestrian circulation shan be promoted over auto-oriented
design. Pedestrian enhanced intersections shan be provided at an controned intersections
within the projects to the satisfaction of the City Engineer and Director of Planning and
Building. Enhancements shan include enhanced paving in pedestrian crosswalks,
neckdowns, and other traffic calming measures.
14. Public spaces in the form of plazas or squares shan be provided in each Design Review
Planning Area.
15. The Applicants and Owners shan instan an public street trees in accordance with Section
18.28.10 of the Chula Vista Municipal Code. An street trees shall be planted in
parkways, or as otherwise approved by the Director of Planning and Building. Street
trees, which have been selected !Tom the revised list of appropriate tree species described
in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape
Master Plan, shan be approved by the Director of Planning and Building and Director of
Public Works. Prior to the instanation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street
improvement plans that show the location of an futures street trees, which will be subject
to the review and approval of the Director Building and Park Construction and the
Director of Planning and Building. Applicant(s) win maintain street tree identification
staked in location as shown on approved preliminary plans until an dry utilities are in
place. A street tree improvement plan, including mailbox locations, shan be submitted
for review and subject to the approval of the Director of Planning and Building and the
City Engineer prior to or concurrent with the second submittal of street improvement
plans within the project. Approval of the street tree improvement plans shan constitute
final approval of the selection of street trees for the street parkways. (Planning and
Building, Engineering, Building and Park Construction.
16. Applicant(s) shan provide a 200-space Park-and-Ride facility in the FC-l area adjacent to
the Transit Station. Applicant(s) shan provide safe convenient access for pedestrians to
travel between the Transit Station and the Park-and-Ride facility The exact maintenance
responsibility and ownership of the Park and Ride facility shan be defined in the first
Final Map and to the satisfaction of the City Engineer, the Director of Planning and
Building, and the San Diego Association of Govemments (SANDAG).
Page 3 of7
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PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING
17. The Applicant and Owners shal1 provide a conceptual design and depict locations of
neck-downs or other traffic-calming designs at control1ed intersections described and
depicted in the Freeway Commercial SPA Plan at Streets "A", "B" and "C" for review
and approval by the City Engineer and Director of Planning and Building prior to
approval of the appropriate tentative map for the project.
18. The Applicant and Owners shal1 comply with the Fire Department's codes and policies
for Fire Prevention, as amended !Tom time to time.
19. The Applicant and Owners shal1 obtain approval !Tom the City Engineer and the Director
of Planning and Building for al1 proposed street names within the project prior to the
approval of the Tentative Map. Approved street names shal1 be shown on Tentative Map.
20. The Applicant and Owners shal1 provide the water and recycled water improvements in
accordance with the SAMP or as amended by the Applicant and Owners and approved by
Otay Water District and the City. The SAMP shal1 be consistent with the Freeway
Commercial SPA Plan. The Applicant and Owners shal1 be responsible for obtaining the
approval of any amendment to the Freeway Commercial SPA SAMP in order for the
Freeway Commercial SPA SAMP to be consistent with the approved SPA Plan prior to
the approval of the first final map for the Project.
21. Prior to approval of each tentative map and/or site plan by the Design Review
Committee, whichever occurs first, Applicant and Owners shal1 demonstrate compliance
with the City of Chula Vista Storm Water and Discharge Control Ordinance and the
National Pol1utant Discharge Elimination System (NPDES) Municipal Permit and the
City ofChula Vista SUSMP. Applicant and Owners shal1 obtain the approval of the City
Engineer of a report that includes the fol1owing elements:
a. Description of project characteristics, site conditions, and flow patterns, pol1utants
emanating from the project site, and conditions of concern.
b. Description of site design and source control BMPs considered and to be
implemented.
c. Description of applicable treatment control BMPs considered and to be
implemented to reduce or treat the identified pol1utants. Treatment control BMPs
may be selected !Tom those post-construction BMPs analyzed in the Water
Quality Report prepared by Rick Engineering or similar type of BMPs as
approved by the City Engineer.
d. Justification for selection of the proposed treatment control BMP(s) including I)
targeted pol1utants, justification, and alternative analysis, 2) design criteria
(including calculations), 3) pol1utants removal information (other than vendors
specifications), and 4) literature references.
e. Site plan depicting locations ofthe proposed treatment control BMPs; and
Page 4 of7
/-/'7
f. Operation and maintenance plan for the proposed treatment control BMPs.
(Engineering)
23. The Commercial Promenade in FC-2shall meet the adopted Otay Ranch EntryNillage
Entry standards (CVD-ST32) to the satisfaction of the City Engineer with a design speed
of 35 mph (posted at 25 mph) and dimensions as modified by the Street Section provided
in the SPA Plan. Parking on this facility will be allowed as determined by the City
Engineer subject to sight distance requirements. All details of the Commercial
Promenade Streets will be subject to approval by the City Engineer at the tentative map
and final design stages to ensure compliance with the functional and safety standards of
all public streets.
24. The following language to be added to section VI. Development Phasing:
a. If developer proposes multiple building permits within a Planning Area, the
developer shall submit and obtain approval of a development phasing plan for
said Planning Area by the City Engineer and Director of Planning and Building
prior to issuance of any building permit within said Planning Area. The phasing
plan shall include:
b. A site plan showing the lot lines and lot numbers, the phase lines and phase
numbers, and proposed building square footage in each phase; and
c. A table showing the phase number, the lots included in the phase and the
proposed building square footage included in each phase.
d. Improvements, facilities and dedications to be provided with each phase shall be
determined by the City Engineer and Director of Planning and Building.
25. The City reserves the right to require circulation improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements
of Police and Fire Departments. The City Engineer and Director of Planning and
Building may, at their discretion, modify the sequence of improvements and
construction should conditions change to warrant such revisions(s). All improvements
shall be guaranteed prior to the issuance of building permits.
26. Prior to the approval of the tentative map or site plan by the Design Review
Committee, which ever occurs first, the Applicant shall obtain the City
Engineer's approval of:
a. an internal traffic study that analyzes:
i. Emergency vehicle access,
ii. proposed lane configuration queuing, striping and safe sight
distance at internal intersections and,
iii. BRT line crossings and impacts on internal intersections and
road crossings.
Page 5 of7
/_;:{C'
b. the proposed lane transitions and striping of:
\. Birch Road (6 to 4 lanes) at the intersection of Birch Road and
Eastlake Parkway,
I\. Eastlake Parkway and Kestrel Falls
Ill. Commercial promenade and Olympic Parkway and the project
internal loop road
AGREEMENTSIFINANCIAL
25. The Applicant and Owners shaH implement an agreement to implement the Air
Quality Improvement Plan (AQIP) measures contained in the Sectional Planning Area
(SPA) Plan and to comply and remain in compliance with the AQIP. Implementation
Measures 11.7.6 must specify the project commitment consistent with the Non-
Renewable Energy Plan as follows:
a. Energy efficient lighting fixtures and day lighting (skylights) systems. Use of T8
low-mercury florescent lamps and electronic ballasts.
b. Use of energy efficient heating and cooling equipment, limiting windows and use
of energy management systems.
c. Recycling facilities for commercial users.
d. Passive solar design and building orientation.
e. Use of cool roofing materials (white roof design).
f. Enhanced landscaping to shade street and parking areas.
g. Pedestrian routes and pedestrian oriented design features provided within the
project along the internal streets.
h. Bicycle and electric cart facilities.
\. A public transit right-of-way alignment, transit station and park-and-ride facility.
28. The Applicant and Owners shall implement an agreement to implement the Water
Conservation Plan (WCP) measures contained in the Sectional Planning Area (SPA) Plan
and to comply and remain in compliance with the WCP.
29. The Project shall equitably participate in any future regional impact fee program for
regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior
to the issuance of building permits for the project.
MISCELLANEOUS
30. Prior to issuance of any permit pursuant to the adopted Freeway Commercial SPA Plan,
the Applicant shaH submit the entire adopted document in an electronic fiJe format
acceptable to the Director of Management and Information Services. Said file shaH be in
the format of Microsoft Word 2000, or current version acceptable to the City of Chula
Vista, at the time of the adoption of the Freeway Commercial SPA Plan. Any exhibits as
part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall
be submitted in a format acceptable to the City of Chula Vista, Director of Management
and Information Services.
Page 6 00
I-AI
31. Within 30 days of the City Council's action on the SPA Plan documents, the Applicant
shall submit to the Planning and Building Department, ten (10) sets of all final SPA
documents, each set in a three-ring plastic binder and in a format as prescribed by City
staff.
PHASING
32. Each Applicant and Owner shall file an initial master final map covering each owner's
respective entire ownership area within the project, which creates lots corresponding to
the units and phasing or combination of units and phasing thereof. The master final map
may contain individual lots shown on the tentative map. If said 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 lots created shall have access or
an easement to a dedicated public street. Backbone facilities shall be guaranteed prior to
approval of the related Final Map. The Applicant shall secure the installation of
improvements in a form and amount determined by the City Engineer prior to approval of
the Final Map.
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Page 7 of?
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OTAY RANCH
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I\.I1I\.CI-II'IE.NI 7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN AND DESIGN
PLAN
WHEREAS, the property which is the subject matter of this Resolution is identified as
Exhibit "A" attached hereto and commonly known as Planning Area 12 - Freeway Commercial,
and for the purpose of general description herein consists of approximately 132.9 acres located in
the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic
Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community
{"Project Site"); and,
WHEREAS, The City Council adopted the Planning Area 12 - Freeway Commercial
Sectional Planning Area (SPA) Plan on April 1, 2003 by City Council Resolution 2003-132; and,
WHEREAS, an application for an amendment to the Planning Area 12 - Freeway
Commercial Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning
Department by the General Growth Properties, Inc. ("Applicant"); and
WHEREAS, the application requests consideration of an amendment to Sectional
Planning Area (SPA) Plan and supporting regulatory documents including Planned Community
District Regulations and Design Plan for 132.9 acres known as "Otay Ranch, Planning Area 12 -
Freeway Commercial" located in the north-central area of the Otay Valley Parcel, between the
future extension aligmnent of Olympic Parkway, Eastlake Parkway, Birch Road and SR-125;
and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the proposed project was adequately covered in previously adopted Freeway Commercial SPA
Plan Final EIR 02-04 and has, therefore prepared an addendum to the Final EIR. Thus, no
further environmental review or documentation is necessary; and,
WHEREAS, the Planning Commission held a public hearing on said Planning Area 12 -
Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-04-15) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior
boundaries ofthe Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on August 25, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the Project and said
hearing was thereafter closed; and
/- ~e/
Attachment 8
Page 2
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on the amendment to the Planning Area 12 - Freeway Commercial SPA Plan,
and adopting the ordinance to approve the SPA's Planned Community District Regulations for
Planning Area 12 - Freeway Commercial, namely 6:00 p.m. September 14,2004.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on August 25, 2004 and the minutes and resolutions resulting
there!Tom, are hereby incorporated into the record ofthis proceeding.
II. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted Freeway Commercial
SPA Plan Final EIR 02-04 and has, therefore, prepared an addendum to the Final EIR.
Thus, no further environmental review or documentation is necessary. The City Council
has considered the addendum to the Final EIR 02-04 prior to making a decision to adopt
this resolution.
III. ACTION
The City Council hereby approves the amendment to the Otay Ranch, Planning Area 12 -
Freeway Commercial SPA Plan and supporting regulatory documents including Planned
Community District Regulations and Design Plan, involving approximately 132.9 acres
of land known as "Otay Ranch, Planning Area 12 Freeway Commercial" based upon
findings contained herein and is consistent with the City of Chula Vista General Plan, the
Otay Ranch General Development Plan, and all other applicable plans, and that the public
necessity, convenience, general welfare and good planning and zoning practice support
their approval and implementation.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the addendum to the Freeway Commercial SPA Final
Environmental Impact Report (FEIR 02-04) reflects the independent judgment of the City
Council of the City of Chula Vista and hereby considers the addendum to FEIR 02-04.
/- -1S-
Page 3
V. NOTICE WITH LATER ACTIVITIES
The City Council gave notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the Otay Ranch GDP FEIR-90-01 and
Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report (FEIR
02-04) adopted thereto, adequately describes and analyzes this project for the purposes of
CEQA [Guideline 15168 (e)].
VI. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS
The proposed Project is consistent with the Otay Ranch Sectional Planning Area 12
Freeway Commercial Plan for the following reasons:
A. THE PROPOSED AMENDMENT TO THE SECTIONAL PLANNING AREA
PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL
DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL
PLAN.
The Planning Area 12 Freeway Commercial SPA Plan area of Otay Ranch that
creates vehicular-oriented freeway commercial uses and accommodates a transit
station and transit right-of-way 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 WOULD
PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The amendment to proposed to the Planning Area 12 - Freeway Commercial SPA
Plan contains provisions and requirements to ensure the orderly, phased
development of the Project. The Public Facilities Finance Plan specifies the
public facilities required by the Freeway Commercial in order for it to function
properly and not become a public burden, and also the regional facilities needed to
serve it.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch, Planning Area 12 - Freeway Commercial
Sectional Planning Area (SPA) Plan are designed with a 75-foot landscaped
enhancement buffer along adjacent arterials. The project will provide a variety of
vehicle-oriented !Teeway commercial land uses to serve nearby and regional
residents and accommodates a transit station and right-of-way, as required by the
Otay Ranch General Development Plan. A comprehensive street network serves
j-A&
Page 4
the project and provides for access to off-site adjacent properties. The proposed
SPA Plan follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures
specified in the Otay Ranch, Planning Area 12 - Freeway Commercial Final
Second-Tier Environmental Impact Report (FEIR 02-04).
D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The Planning Area 12 - Freeway Commercial SPA Plan includes on Freeway
Commercial land use, which is considered appropriate for the area, location, and
overall planning for the area in that such uses are called for in the GDP. They
have also been evaluated for their adverse land use effects on proposed
surrounding development and none have been identified.
E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The circulation system depicted in the SPA Plan is consistent with the Circulation
system identified on the City's General Plan and Otay Ranch General Development
Plan and contains adequate internal circulation consistent with the policies of the
Otay Ranch General Development Plan and the City's General Plan. Road
improvements will be constructed per the timing and threshold requirements
outlined in the Planning Area 12 - Freeway Commercial SPA Plan Public
Facilities Finance Plan.
F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT
SUCH PROPOSED LOCATION.
The location of the proposed vehicular-oriented !Teeway commercial project in the
Planning Area 12 - Freeway Commercial is consistent with the goals and policies of
the Otay Ranch General Development Plan and the City's General Plan.
G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATffiILITY
WITH SAID DEVELOPMENT.
I-;:? l'
Page 5
The Planning Area 12 - Freeway Commercial SPA Plan is consistent with the
approved plans and regulations applicable to surrounding areas, and therefore said
development can be planned and zoned in coordination and substantial
compatibility with said development. The proposed Planning Area 12 - Freeway
Commercial SPA Plan is consistent with the Otay Ranch General Development Plan
and Chula Vista General Plan, as amended.
VII. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth III
Exhibit "B", attached hereto and incorporated in the Project.
Vill. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of all
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation to
compel compliance and/or seek damages for their violations. Developer or successor in
interest gains no vested rights by the City approval of this Resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Presented by
Approved as to form by
James Sandoval
Director of Planning and Building
Ann Moore
City Attorney
H.\PLANNING\Otay _ R.mch\Frwy _ Comm _ SP A \Gem:ral GrQwth\FCmI_ SP A_Amend _ CC_ Reso.doc
I-A)'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN AND PLANNED
COMMUNITY DISTRICT REGULATIONS
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as
Otay Ranch, Freeway Commercial ("Property"); and,
WHEREAS, an application to amend the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan, Planned Community District Regulations and associated regulatory
documents was filed with the City ofChula Vista Planning Department on April 28, 2004 by General
Growth Properties, Inc. ("Applicant"); and
WHEREAS, the amended Otay Ranch, Freeway Commercial SPA Plan, Planned
Community District Regulations ("Project") and associated regulatory documents are intended to
ensure that the Otay Ranch Freeway Commercial SPA Plan are prepared in accordance with the Otay
Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for
eastern Chula Vista, to promote the orderly planning and long-term phased development ofthe Otay
Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Freeway
Commercial area to exist in hannony within the community; and,
WHEREAS, the Otay Ranch, Freeway Commercial SPA 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 Freeway
Commercial SPA Land Use Plan ofthe Otay Ranch Freeway Commercial SPA Plan; and,
WHEREAS, the amended Otay Ranch Freeway Commercial SPA Planned Community
District Regulations modify zoning regulations for the Commercial Zoning District located in Otay
Ranch Freeway Commercial to include two zoning designations, FCl and FC2; and,
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area 12 - Freeway Commercial Plan ("Freeway Commercial SPA Plan") previously
approved by the City Council on April I, 2003 by Resolution No. 2003-132, wherein the City
Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied on the Otay
Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Environmental Impact Report No.
04-02, ("FEIR 04-02"); and,
WHEREAS, the amended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan
refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as
adopted by the City Council of the City of Chula Vista on October, 28, 1993, and as amended on
May 14, 1996, and November 10, 1998; and,
/-;{9
Attachment 9
Page 2
WHEREAS, the City Council ofthe City ofChula Vista has previously reviewed, analyzed,
considered, and certified Final Environnlental Impact Report Otay Ranch Planning Area 12 -
Freeway Commercial SPA Plan FEIR 04-02; and,
WHEREAS, the City's Environmental Review Coordinator has determined that any impacts
associated with the proposed amendments have been previously addressed by FEIR 04-02 and has,
therefore, prepared an addendum to said FEIR. The amendments are in substantial conformance
with the Otay Ranch GDP and SPA on which the FEIR analysis was based and, therefore, approval
and implementation of the SPA amendments does not change the basic conclusions of the FEIR.
The addendum has been prepared in accordance with requirements of the California Environmental
Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula
Vista; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 04-15) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the city at least ten days prior to the hearing and its mailing to property owners within 500 feet of
the exterior boundaries of the Project site; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 25,2004 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
the Planning Commission recommended approval of the Project to the City Council and said hearing
was thereafter closed; and,
WHEREAS, by a vote of
approval the project; and,
, the Planning Commission recommended
WHEREAS, a public hearing was scheduled before the City Council of the City ofChula
Vista on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Amendment and
adopting the ordinance to modify the Otay Ranch Planning Area 12 - Freeway Commercial SPA
Planned Community District Regulations.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ofthe City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 25, 2004 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding.
/-,56
Page 3
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-Tier
Final EIR 04-02, and Addendum thereto, would have no new effects that were not examined
in said Final EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby adopts an Ordinance approving the amendment to Otay Ranch
Freeway Commercial SPA Planned Community District Regulations, finding that they are
consistent with the City ofChula Vista General Plan, the Otay Ranch General Development
Plan, Otay Ranch Planning Area 12 ~ Freeway Commercial SPA Plan, and all other
applicable Plans, and that the public necessity, convenience, general welfare and good
planning and zoning practice support their approval and implementation.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the addendum to the Freeway Commercial SPA Final
Environmental Impact Report (FEIR 02-04) reflects the independent judgment of the City
Council of the City ofChula Vista and hereby considers the addendum to FEIR 02-04.
V. NOTICE WITH LATER ACTIVITIES
The City Council gave notice, to the extent required by law, that this Project was fully
described and analyzed and is within the scope of the Otay Ranch GDP FEIR-90-01 and
Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-
04) adopted thereto, adequately describes and analyzes this project for the purposes ofCEQA
[Guideline 15168 (e)].
VI. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A. THE PROPOSED AMENDMENT TO THE SECTIONAL PLANNING AREA
PLAN IS IN CONFORMITY WITH THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL PLAN.
The Planning Area 12 Freeway Commercial SPA Plan area of Otay Ranch that
creates vehicular-oriented freeway commercial uses and accommodates a transit
station and transit right-of-way 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.
/.-;51
Page 4
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD PROMOTE
THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The amendment to proposed to the Planning Area 12 - Freeway Commercial SPA
Plan contains provisions and requirements to ensure the orderly, phased development
of the Project. The Public Facilities Finance Plan specifies the public facilities
required by the Freeway Commercial in order for it to function properly and not
become a public burden, and also the regional facilities needed to serve it.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Planning Area 12 - Freeway Commercial Sectional
Planning Area (SPA) Plan are designed with a 75-foot landscaped enhancement
buffer along adjacent arterials. The project will provide a variety of vehicle-oriented
!Teeway commercial land uses to serve nearby and regional residents and
accommodates a transit station and right-of-way, as required by the Otay Ranch
General Development Plan. A comprehensive street network serves the project and
provides for access to off-site adjacent properties. The proposed amendment to the
SPA Plan follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures specified
in the Otay Ranch Planning Area 12 - Freeway Commercial Final Second-Tier
Environmental Impact Report (FEIR 02-04).
D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR
NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED
FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The Planning Area 12 Freeway Commercial SPA Plan includes only Freeway
Commercial land use, which is considered appropriate for the area, location, and
overall planning for the area in that such uses are called for in the GDP. They have
also been evaluated for their adverse land use effects on proposed surrounding
development and none have been identified. The Planned District Regulations for
the Freeway Commercial only allow an educational institution or recreational facility
use subject to the conditional use permit process.
E. THE STREET AND THOROUGHFARES PROPOSED ARE SUIT ABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
1-3;1
Page 5
The circulation system depicted in the SPA Plan is consistent with the Circulation
system identified on the City's General Plan and Otay Ranch General Development
Plan and contains adequate internal circulation consistent with the policies ofthe Otay
Ranch General Development Plan and the City's General Plan. Road improvements
will be constructed per the timing and threshold requirements outlined in the Planning
Area 12 - Freeway Commercial SPA Plan Public Facilities Finance Plan.
F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION.
The location of the proposed vehicular-oriented !Teeway commercial project in the
Planning Area 12 - Freeway Commercial is consistent with the goals and policies of the
Otay Ranch General Development Plan and the City's General Plan.
G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH
SAID DEVELOPMENT.
The amendment to the Planning Area 12 - Freeway Commercial SPA Plan is consistent
with the approved plans and regulations applicable to surrounding areas, and therefore
said development can be planned and zoned in coordination and substantial
compatibility with said development. The proposed Planning Area 12 - Freeway
Commercial SPA Plan is consistent with the Otay Ranch General Development Plan
and Chula Vista General Plan, as amended.
VIII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
James Sandoval
Planning and Building Director
Ann Moore
City Attorney
H:\PLANNING\Otay_Ranch\Frwy_Comm_SPA\lieneral Growth\8-11 FC SPA_CC_Ord.doc
/-:33
ADDENDUM TO SECOND TIER
ENVIRONMENTAL IMPACT REPORT
EIR 02-04
PROJECT NAME: freeway Commercial SPA Plan Amendment
PROJECT LOCATION: Planning Area 12, Freeway Commercial Site between SR 125 and
Eastlake Parkway, north of Birch Road.
PROJECT APPLICANT: General Growth
CASE NO:
EIR-02-04
DATE:
August 17,2004
1. BACKGROUND
The purpose of this Addendum is to discuss proposed changes in the Otay Ranch Freeway
Commercial project area as delineated in the approved Otay Ranch Planning Area Twelve
Freeway Commercial Sectional Planning Area (SPA) Plan and tentative map.
As the lead agency for the project under the California Environmental Quality Act (CEQA) (Pub.
Resources Code, Sec. 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an
environmental analysis (Final Second Tier EIR 02-04) of the Freeway Commercial SPA Plan.
Final EIR-02-04 ("Final EIR") contains a comprehensive disclosure and analysis of potential
cnvironmental effects associated with the implementation of the Freeway Commercial project.
The final EIR was certified and the Freeway Commercial SPA Plan was approved by the City
Council in March of 2003. The final EIR tiers off of the Otay Ranch General Development Plan
EIR (EIR-90-01) which was originally certified by the Chula Vista City Council in 1993.
The approved Freeway Commercial SPA plan cal1s for a freeway oriented commercial center
with large format retail stores and service establishments offering commodities and services
required by residents of the surrounding community. The project site is 133 acres in total area.
The site plan calls for 120.5 acres of commercial and open space uses with the remainder of the
site to be utilized for circulation. A total of 1.215 mil1ion square-feet of commercial floor area
has been approved within the SPA. The adopted SPA plan depicts a main thoroughfare ("spine
road") traversing the center of the site in a north-south direction. A Bus Rapid Transit (BRT)
alignment/corridor is situated within the "spine road." An associated transit station with
accompanying park and ride component is situated near the center of the development.
The proposed project considered in this addendum is an amendment to the adopted Freeway
Commercial SPA plan and related approved tentative map. The amendment is based upon a
revised conceptual site plan for Parcel FC-I (see Attachment I) as identified within the approved
SPA plan. No changes within Parcel FC-2 as identified in the approved SPA plan are proposed.
Attachment 10 to staffreport dated August 25,2004 1-:8 </
Addendum to Final EIR-02-04
August 17,2004
The proposed amendments to the approved SPA plan are based upon a new site plan that
includes stores and shops clustered along a low-volume internal street, creating an open air
"Main Street" style retail complex. A loop road would be situated within the site. The proposed
amendment will revise the adopted Freeway Commercial SPA plan and related documents to
reflect this new development concept. Corresponding revisions to the Freeway Commercial
Vil1age Design Plan (design guidelines) wil1 also be required.
The proposed SPA plan amendments also include the relocation of the planned transit line (BRT)
from the median of the internal commercial street ("spine road") to the eastern edge of the
project, paralleling Eastlake Parkway. The transit station and associated park and ride facility
would also be relocated to the eastern portion of the site adjacent to Eastlake Parkway.
Technical reports prepared for EIR-02-04 have been updated to reflect the new project layout.
The updated technical reports demonstrate that the proposed SPA and tentative map
modifications do not result in any new significant impacts or an increase in severity of any
previously identified impacts. The environmental analysis presented in this document addresses
the modification of the previously approved SPA plan. Because the modifications to the SPA
plan and associated tentative map would not result in an increase in al10wable floor area nor an
expansion of the limits of grading, the proposed SPA amendment is considered to be adequately
covered under EIR-02-04 and no further analysis is warranted.
II. PROPOSED AMENDMENTS
The applicant has applied to anlend the Planning Area 12 Freeway Commercial Sectional
Planning Area (SPA) Plan and tentative map in order to redesign the Freeway Commercial site.
The proposed changes include the fol1owing:
I) A reconfiguration of the proj ect site plan.
2) Relocation of transit line from the median within the north-south internal "spine road" to
the eastern edge of the parcel, paralleling Eastlake Parkway.
3) Relocation of transit station from the center of the site to the intersection of EastLake
Parkway and Kestral Falls, with the associated park-and-ride facility for 200 cars
relocated from the center of the development to an area adjacent to the transit station.
4) Primary vehicular circulation changed from a "spine road" concept to the use of a "ring
road" to be located within the FC-l area. The "spine road" would remain within the
adjacent FC -2 parcel located to the north.
The California Environmental Quality Act Guidelines (~15162) establishes the conditions under
which a subsequent EIR shall be prepared.
Addendum to Second Tier EIR 02-04
J / plann ing/stevexp/ environm ental docu ments/freew ayeo mmercial/eir review /finaladd end u m
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;-3 ~-
Addendum to Final EIR-02-04
August 17,2004
A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared
for that project unless the lead agency determines, on the basis of substantial evidence
in light of the whole record, one or more of the following:
I. Substantial changes are proposed in the project which will require major revisions
of the EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions to the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or,
3. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the EIR
was prepared.
B. If changes to a project or its circumstances occur or new information becomes
available after preparation of an EIR, the lead agency shall prepare a subsequent EIR
if required under Subsection A. Otherwise the lead agency shall determine whether
to prepare a subsequent Negative Declaration, an addendum or no further
documentation (Guidelines 915162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified EIR if some
changes or additions are necessary but none of the conditions described in Section
15162 ca1ling for preparation of a subsequent EIR have occurred.
B. An addendum need not be circulated for public review but can be included in or
attached to the final EIR.
C. The decision-making body shall consider the addendum with the final ErR prior to
making a decision on the project.
D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency's
required findings on the project, or elsewhere in the record. The explanation must be
supported by substantial evidence.
This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of
the State CEQA Guidelines. The proposed changes to the project do not constitute a substantial
change to the previously approved project. The modifications proposed would not result in any
environmental effects that were not considered in the Second Tier EIR-02-04, nor would the
changes increase the severity of any of the impacts identified in this EIR. There has been no
Addendum to Second Tier EIR 02-04
J/plan ning Istevexpl environ mental d ocuments/freewaycommerc iall ei r revie w /fin alad d end urn
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/-$4>
Addendum to Final EIR-02-04
August 17,2004
material change in circumstances relative to the project, and no new information of substantial
importance has become available after the preparation of the project EIR. The mitigation
measures identified in EIR-02-04 would be equally applicable to the revised project. Therefore,
in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has
prepared this addendum to Second Tier ErR 02-04.
III. ANALYSIS
Updates to technical studies previously prepared for the Freeway Commercial EIR have been
prepared to address the modified project. An updated traffic study that fully addresses traffic-
related impacts associated with the revised project has been prepared by the City's traffic
consultant. Technical study updates have also been prepared with regard to water and sewer
service, drainage, water quality, and geology. All revised technical studies indicate that there are
no significant impacts associated with the project beyond those identified in EIR-02-04, and that
no additional mitigation measures are required.
Land Use
The proposed amendments would not conflict with surrounding land uses. The overall
commercial character of the proposed uses would be consistent with the adopted land use
designations for the property and compatible with the surrounding land uses planned for the Otay
Ranch area. The proposed amendment to the SPA Plan does not result in an increase in
commercial floor area, and the limits of grading remains the same as that of the originally
approved SPA plan. No additional significant impacts to land use beyond those anticipated in
EIR-02-04 are anticipated with the revised project. No mitigation measures were required in
EIR-02-04 with regard to land use and no mitigation measures are recommended with the revised
project.
Transportation, Circulation and Access
A traffic report prepared by the City's traffic consultant, Linscott, Law, and Greenspan (LLG)
(dated August 16,2004), concludes that the proposed amendments would not cause any impacts
to the surrounding external roadway circulation system requiring mitigation beyond that which
was specified in EIR-02-04. The traffic study update analyzed changes in trip distribution within
the site, driveway volumes, and corresponding traffic-related impacts upon General Plan
Circulation Element roadways. The updated traffic study also addressed impacts associated with
the relocated BRT line. As illustrated in Table I, the proposed project results in approximately
40 fewer daily traffic trips compared to the approved SPA plan. No additional significant traffic
impacts were identified in the traffic study update, and the mitigation measures called out in
EIR-02-04 have been determined to be equally applicable to the revised project.
Addendum to Second Tier EIR 02-04
J/p I ann ing/stevexp/ environm ental docu ments/freew aycommerc i all ei r review /fi nal add end urn
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/-57
Addendum to Final EIR-02-04
August 17,2004
Table 1: Estimated Project Traffic Generation
Approved
Proposed
Net Change
Total Square Footage
1,215,000 square feet
1,214,000 square feet
-1,000 square feet
FC- I Parcel
FC-2 Parcel
871,000 square feet
344,000 square feet
867,000 square feet
347,000 square feet
-4,000 square feet
+3,000 square feet
Daily Traffic Generated
48,600 ADT
48,560 ADT
-40 ADT
Water Quality alld Draillage
An update letter, dated March 3, 2004, was prepared by P&D Consultants, to evaluate the change
in drainage patterns and runoff rates for the proposed project. The update letter indicates that the
proposed changes to the site plan will not result in any previously unidentified significant
hydrological impacts, and the mitigation measures identified in EIR-02-04 would be equally
appJicable to the revised project.
An update letter, dated March 3, 2004, was prepared by Rick Engineering Company to evaluate
changes in storm water quality as a result of the amended project design. The update letter
concludes that the recommendations outlined in the October 4, 2002 Storm Water Quality
Technical Report are still adequate for the revised project. Therefore, the mitigation measures
identified in EIR-02-04 would be equa1ly applicable to the revised project.
Public Services alld Facilities
Sewer and Water: An update letter, dated March 3, 2004, was prepared by PBS&J for the
proposed SPA plan amendments. The update letter indicates that there wi1l be no change in the
anticipated wastewater generation or potable water demand from what was evaluated in EIR-02-
04. Wastewater generation wi1l be 215,250 gallons per day (gpd) for both the original and
modified proj ect. Water demand will continue to be 192,1 75 gpd.
The update letter also evaluates the recycled water demands for the proposed project. The letter
report notes that the average demand of 19,218 gallons per day of recycled water is not any
greater than what was previously identified in EIR-02-04. Based upon the aforementioned update
letters, no impacts to water and sewer beyond those previously identified in EIR-02-04 are
anticipated, and the mitigation measures ca1led out in EIR-02-04 will be equa1ly applicable to
the revised proj ect.
Addendum to Second Tier EIR 02-04
J /plann ing/stevexp/environm ental d ocuments/freew ayeo m mercial! sir review Ifin alad d end urn
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Addendum to Final EIR-02-04
August 17,2004
Geologic Hazards
An update letter, dated February 26,2004, was prepared by Geotechnics Incorporated to evaluate
the proposed changes in project design. The letter concludes that only minor changes in the
rough grading configurations are proposed and that the recommendations contained within the
2003 Geotechnical Investigation remain valid for the revised project design. Therefore, no new
impacts with regard to geological hazards are anticipated and the mitigation measures identified
in EIR-02-04 will be applicable to the revised project.
IV. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above
discussion, I hereby find that the revisions to the proposed project will result in only minor
technical changes or additions which are necessary to make the Environmental Impact Reports
adequate under CEQA.
An environmental checklist that analyzes the revised project has been prepared and is included as
an attachment to this addendum. The findings provided within this addendum are based upon the
~:;:;~;:s~ .
Marilyn R. F. Ponseggi
Environmental Review Coordinator
Attachment 1 ~ Project Site Plants)
Attachment 2 - Environmental Checklist
Attaclnnent 3 - Execntive Summary to ElR-02-04
References:
General Plan, City of Chula Vista
Otay Ranch Planning Area Twelve Freeway Commerical Sectional Planning Area (SPA) Plan
Second Tier Environmental Impact Report
P&D Consultants Letter dated March 3, 2004
Rick Engineering Company Letter dated March 3, 2004
PBS&J Letter dated March 3,2004
Geotechnics Incorporated Letter dated February 26, 2004
LLG traffic analysis dated August 16, 2004
Addendum to Second Tier EIR 02-04
J/p I ann ing/ stevexpl environm ental documents/freew aycommerc i al/ei r review /fi nal add end urn
6
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~
Village (; "'" ~
~
INTRODUCTION
Site Utilization Plan
Symbol!
l..IndUN
-. FAR !MaLd.
I (OOO'.y
86.1 0.25 867
34.4 0.25 347
120.5 1214
12.4
132.9
27.1
FC-1 Freeway Commercial
FC-2 Freeway Commercial
Sub-total
~ArterialS
Sub-total
fI1'Q'jFreeWay
proJEK:t Total 16D.0
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Freeway Commercial Net Areas
~~_ 75'Enha"",,~n'B"""
Internal Streets
--
FC.1 NetINet Area
FC.] NetINet Area
Total
~I~
r _ Freeway
OiDiA VtsrA
(2/3/03)
Commercial
OTAY RANCH
Attachment I
/ _ ijC:
9.06
(area jnduded in
Freeway Comm-J
(area JfJCfuCiedifl
FffH1way Comm)
7.3
74.2
29.9
120.5
S'~h~.Q2.E.!.annlng
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1/23/03
Exhibit 5
Approved Site Plan
INTRODUCTION
j~
Site Utilization Plan
Village (;
..- land Use
FC-1 Freeway Commercial 66.2 0.25 867
FC.2 Freeway Commercial 34.5 0.25 347
Sulrtotal 120.7 1,214
[2JCifCulaUon (Arterials) 12.4
Sub-toto' 133.1
26.9
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~
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Birch Rd.
Eastern Urban Center
n
r
Detail of Freeway Commercial Land Use
_75'f~&drW 7.5
G/nhImafS1feM 2.6
FC.tNBflNBIAln 81.3
FC-2NdHefAln 31,9
Total 123.3
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7r":- Freeway CommercIal
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7/10U04
Exhibit 5
(7/1 6/04)
Modified Site Plan
1- <//
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
City of Chula Vista
Planning & Building Department
276 Fourth A venue
Chula Vista. CA 91910
2.
Lead Agency Name and Address:
City of Chula Vista
Planning & Building Department
276 Fourth A venue
Chula Vista, CA 91910
3.
Address and Phone Number of Proponent:
General Growth Properties, Inc.
35 Century Park Way,
Salt Lake City, Utah 84115
(801) 486-3911
4.
Name of Proposal:
Otay Ranch Village 12 Freeway
Conunercial
5.
Date of Checklist:
August 17, 2004
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
1. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or
zoning?
D
D
D
I8J
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)?
d) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)?
D
D
D
I8J
D
D
D
I8J
D
D
D
I8J
Comments:
a) The revised project has been reviewed and has been found to be consistent with the Zoning and
General Plan designations of the project site. The revised project will involve implementation
of the Planning Area 12 FC SPA Plan within the Otay Ranch GDP. No increase in square
footage is proposed with the revised project and the project area and anticipated uses
(commercial) remain the same.
b) The revised project would not conflict with any applicable adopted environmental plans or
policies.
Attachment 2
1 I-C/':?
c) The revised project would not result in any cumulative significant impacts from the loss of
agricultural land beyond those previously identified in ElR-02-04. Such impacts were
determined in the Program EIR for Otay Ranch to be significant and unmitigable and a
statement of overriding considerations was adopted.
d) The revised project would not disrupt or divide the established adjacent community or
surrounding commercial, office, or residential environment.
Mitigation: No new significant impacts werc identified as a result of the revised project. EIR-02-04
did not include any mitigation measures with regard to land use. Mitigation measures given in the
original EIR would apply.
Potentially
II. POPULATION AND HOUSING. Would the Putentially Significant Less than
Significant Unless Significant No
proposal: Impact Mitigated Impact Impact
a) Cumulatively exceed official regional or local D D D 0
populatiou projections?
b) Induce substantial growth in an area either D D D 0
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable D D D 0
housing?
Comments:
a) The revised project does not include residential development. The project would, therefore, not
generate population growth that may potentially cumulatively contribute to an exceedance of
regional or local population projections.
b) See Section ILa). The revised project would require extension of water and sewer lines to
provide service to the site, but would not result in signitlcant impacts that differ from those
identi fied in the previous EIR.
c) The project site is currently undeveloped; therefore, displacement of existing housing or
removal of affordable housing would not occur as a result of the revised project.
Mitigation: No new significant impacts were identified as a result of the revised project. No
mitigation measures were required with EIR-02-04. No new mitigation measures are required for the
revised project.
Potentially
III. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than
Significant Unless Significant No
expose people to potential impacts involving: Impact Mitigated Impact Impact
a) Unstable earth conditions or changes in D D D 0
geologic substructures?
b) Disruptions, displacements, compaction or D D D 0
overcovering of the soil?
c) Change in topography or ground surface relief D D D 0
features?
d) The destruction, covering or modification of D D D 0
2 /-~8
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils,
either on or off the site?
D
D
D
c;<J
f) Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments:
D
D
D
c;<J
D
D
D
c;<J
a) The revised project will not result in an increase in unstable earth conditions or changes in
geologic substructures over the previous project.
b) The revised project will not result in a significant impact resulting from disruptions,
displacements, compaction or overcovering of the soil as compared to the approved project.
c) The revised project will not result in a significant impact resulting from a revised change in
topography or ground surface relief features as compared to the approved project.
d) The revised project will not result in a signiticant impact resulting from the destruction,
covering or moditication of any unique geologic or physical features as compared to the
approved project.
e) The revised project will not result in a signiticant impact resulting from an increase in wind
or water erosion of soils, either on or off the site as compared to the approved project.
f) The revised project will not result in changes in deposition or erosion of beach sands, or
changes in siltation, deposition or erosion which may modify the channel of a river or
stream or the bed of the ocean or any bay inlet or lake.
g) The revised project will not result in an increased exposure of people or property to geologic
hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards.
Mitigation: No new significant impacts were identified with the revised project. Refer to the
February 26, 2004 letter prepared by Geotechnics Incorporated which states that the
recommendations given in the EIR for the previous project remain applicable to the revised project.
No new mitigation measures are required.
Potentially
Potentially Significant Les;; than
IV. WATER. Would the proposal result in: Significant Unless Significant No
Impact Mitigated Impact Impact
a) Changes in absorption rates, drainage patterns, D D D c;<J
or the rate and amount of surface runoff?
b) Exposure of people or property to water D D D c;<J
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other D D D c;<J
3 1- ~.::/
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
D
D
D
Ii!
e) Changes in currents, or the course of direction
of water movements, in either marine or fresh
waters?
D
D
D
Ii!
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
D
D
D
Ii!
g) Altered direction or rate of flow of
groundwater?
h) Impacts to groundwater quality?
i) Alterations to the course or flow of flood
waters?
D D D Ii!
D D D Ii!
D D D Ii!
D D D Ii!
j) Substantial reduction in the amount of water
otherwise available for public water supplies?
Comments:
a) The proposed grading and development of the vacant site would not result in changes in
absorption rates, drainage patterns, and the rate and amount of surface runoff beyond what the
previous EJR anticipated. A formal drainage study was prepared for the proj ect and is in the
technical appendices for EIR-02-04. The applicant will be required to demonstrate compliance
with the approved drainage study prior to the issuance of construction permits for the project.
According to the City Engineering Department, no new significant impacts to the City's storn1
drainage system are anticipated to result from the revised project.
b) The project site is not in proximity to any bay or ocean or in low-lying areas. No exposure of
people or property to water related hazards would result from the revised project.
c) The revised project will be required to implement construction and post-construction Best
Management Practices (BMPs), where applicable, in accordance with the City of Chula Vista
Storm Water Management Standards Requirements Manual in order to prevent pollution of
downstream water bodies. The same measures as called out in EJR-02-04 will apply to the
revised project.
d) Based on the size and natur" of the revised project, and the location of the project sit" relative
to natural water bodies, the revised project would not result in changes in the amount of
surface water in any water body, in currents, or the course of direction of water movements, in
either marine or fresh waters.
e) See IV.d. above.
t) No changes in the quantity of groundwater are expected to result tram the revised project. The
changes to the project will have no effect on groundwater.
g) See IV.f. above.
h) The exposure to urban pollutants could affect the quality of water recharging the groundwater,
however, no impacts beyond those identified in the previous ElR have been identified for the
4 1- L/,5-
revised project. Filtering would occur during percolation. The site has not been identified as a
source of significant groundwater recharge.
i) See IV.b. above. No alterations to the course or flow of floodwaters downstream of the site are
expected to result from the revised project.
j) Water will be provided through connection to planned transmission mains in EastLake
Parkway and Birch Road. The construction of the project is not anticipated to result in a
significant increase in the consumption of water otherwise available for public consumption,
and the changes to the project will not result in impacts beyond those identified in the previous
EIR.
Mitigation: No new significant impacts were identified with the revised project. Refer to the letters
prepared by Rick Engineering Company on March 3, 2004 and by P&D Consultants on March 3, 2004
which state that the conclusions given in the EIR for the previous project remain applicable to the
revised project. No new mitigation measures are required.
Potentially
V. AIR QUALITY. Would the proposal: Putentially Significant Less than
Significant Unless Significant No
Impact Mitigated lmjlact Impact
a) Violate any air quality standard or contribute to 0 0 0 I<]
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 I<]
c) Alter air movement, moisture, or temperature, 0 0 0 I<]
or cause any change in climate, either locally
or regionally?
d) Create objectionable odors? 0 0 0 I<]
e) Create a substantial increase in stationary or 0 0 0 I<]
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
a) The EIR identified significant and unmitigatable air quality impacts resulting from construction
activities and project operation. The revised project reflects changes to internal circulation, but
does not change the approved square footage nor result in an increased traffic volumes.
Therefore, no new air quality impacts were identitied with the revised project. A statement of
overriding considerations was approved with regard to air quality in both PEIR-90-01 and EIR-
02-04.
b) See V.a.above.
c) The revised project is not anticipated to significantly alter air movement, moistlITe, or
temperature, or cause any change in climate, and the changes will not result in any impacts
beyond those previously identified in the project ErR.
d) The proposed freeway commercial land use is allowed by the Zoning Ordinance and the GDP
and is an intended use for the site. The revised project is not anticipated to create objectionable
odors.
e) The revised project would not result in an incrcase in non-stationary sources of air emissions
or the deterioration of ambient air quality as compared to the previous project. No stationary
sources of air emissions would be associated with the revised project.
5 / - L/~
Mitigation: No additional significant air quality impacts were identified for the revised project. No
additional mitigation measures are required for the project.
VI. TRANSPORTATIONICIRCULATION. Would the Put~ntially
Potentially Significant Less than
proposal result in: Significant Unless Significant No
Impa(t Mitigated Impact lmpacl
a) Increased vehicle trips or traffic congestion? 0 0 0 t!!
b) Hazards to safety from design features (e.g., 0 0 0 t!!
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to 0 0 0 t!!
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 t!!
e) Hazards or barriers for pedestrians or 0 0 0 t!!
bicyclists?
t) Conflicts with adopted policies supporting 0 0 0 t!!
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 t!!
h) A "large project" under the Congestion 0 0 0 t!!
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments:
a) The revised project would result in the generation of an estimated 48,560 average daily trips
(ADT) (net decrease), as compared to 48,600ADT with the previous project. The revised
project reflects changes to internal circulation and relocation of the Bus Rapid Transit (BRT)
alignment, but does not change the approved square footage or result in a significant increase
in traffic delays. Therefore, no new significant traffic impacts were identified with the revised
project.
b) See VI.a. No traffic safety hazards are anticipated to result from the revised project.
c) According to the Fire Department and Police Department, the proposed site plan provides for
adequate emergency access. The revised project will be in accordance with the design
requirements of the Fire Department and will meet adequate turning radius and fire hydrant
installation requirements.
d) The revised project will be consistent with the parking provisions of the PC District
Regulations for the Freeway Commercial project, as was the previous project. The project
would, therefore, not result in insufficient parking capacities.
e) The revised project would not result in any hazards or barriers for pedestrians or bicyclists.
t) The revised project would not conflict with adopted policies supporting alternative
transportation. The project encourages alternative transportation opportunities through the
incorporation of a BRT line, and the provision of a park and ride facility.
6
/-L/7
g) No rail, navigable waters or aircraft facilities exist in the vicinity of the project site; therefore,
the revised project would not result in any rail, waterborne or air traffic impacts.
h) The revised project would result in a net reduction in traffic generation over the previous
project. The revised project would result in the generation of an estimated 48,560 average daily
trips (ADT), as compared to 48,600 trips with the previous project. The revised project reflects
changes to internal circulation and relocation of the BRT, but does not change the square
footage or result in a significant increase in traffic delays. Therefore, no new significant traffic
impacts were identified with the revised project.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
mcasures given in the EIR for the previous project will apply. Refer to the August 16, 2004 Traffic
Impact Analysis prepared by Linscott, Law & Greenspan for the revised project.
VII. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage
trees)?
c) Locally designated natural conununities (e.g.,
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and
vernal pool)?
e) Wildlife dispersal or migration corridors?
f) Affect regional habitat preservation planning
efforts?
Comments:
Potentially
Potentially Significant ussthan
Significant Unless Siguificant No
Impact Mitigated Impact Impact
D D D 0
D D D 0
D D D 0
D D D 0
D D D 0
D D D 0
a} Development of the project site could result in potentially significant direct impacts to
biological resources present onsite or immediately adjacent to the proposed development.
Potential impacts to burrowing owl, northern harrier, and foraging raptor habitat were
identified with the previous project. Because the limits of grading will not change, the revised
project does not result in any impacts beyond those identified in EIR-02-04.
b) No additional significant impacts to locally designated species would occur with the revised
project as compared with the previous project. The revised project does not result in any
impacts beyond those identified in EIR-02-04.
c} No sensitive habitats occur within the project site. As the site is heavily disturbed, the diversity
of plant species onsite is very low. The modified project does not result in any impacts beyond
those identified in EIR -02-04.
d) No wetland habitat is present within or immediately adjacent to the proposed development
arca. The revised project does not result in any impacts beyond those identified in EIR-02-04.
7
/-~;6
e) The project site is not within the proposed preserve area of the City's draft MSCP Subarea
Plan. As the site does not support sensitive habitat, the project would not affect regional habitat
preservation planning efforts. The project would convey land to the Otay Ranch Preserve as
guided by the Otay Ranch Resource Management Plan. The revised project does not result in
any impacts beyond those identified in EIR-02-04.
j) See VILe above.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original ElR wiJ1 apply.
Potentially
VIII. ENERGY AND MINERAL RESOURCES. Potentially Significant Less than
Significant Unless Significant No
Would the proposal: Impact Mitigated Impact Impact
a) Conflict with adopted energy conservation 0 0 0 I']
plans?
b) Use non-renewable resources in a wasteful and 0 0 0 I']
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 I']
protection, will this project impact this
protection?
Comments:
a) The revised project would not conflict with any adopted energy conservation plans.
b} The proposed FC development would be designed to meet or exceed all applicable energy
efficiency regulations per State Regulations, Unifom1 Building Code Title 24. There are no
proposed features or aspects of the revised project that would result in the wasteful or
inefficient use of non-renewable resources.
c) The State of Califomia Department of Conservation has not designated the project site for
mineral resource protection.
Mitigation: No mitigation measures are required.
Potentiall}'
IX. HAZARDS. Would the proposal involve: Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) A risk of accidental explosion or release of 0 0 0 I']
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency 0 0 0 I']
response plan or emergeucy evacuation plan?
c) The creation of any health hazard or potential 0 0 0 I']
health hazard?
d) Exposure of people to existing sources of 0 0 0 I']
potential health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 I']
brush, grass, or trees?
8 j-tlC;
Comments:
a) Potentially significant impacts related to hazardous materials could result from implementation
of the FC site because hazardous materials could be used or transported to the site as a result of
the proposed commercial uses. The revised project does not result in any impacts beyond those
identified in EIR-02-04.
b) The revised project would not result in interference with an emergency response plan or
emergency evacuation plan, according to the Fire Department and Police Departments. The
proposed circulation plan and project design would eliminate any stacking or circulation
conflict. All access roads will meet Chula Vista Fire Department turning radius measurements
and provide access ways within the project site. The project does not result in any impacts
beyond those identified in EIR-02-04.
c) See LX.a.
d) See DCa.
e) The revised project is not expected to result in significant impacts related to increased fire
hazards due to flammable brush, trees or grass.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original EIR will apply.
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
Potentially
Potentially Significant Lcssthan
Signifil;ant Unless Significant No
Impact Miligated Impact Impact
0 0 0 c;J
0 0 0 c;J
X. NOISE. Would the proposal result in:
Comments:
a) The revised project would not result in an increased level of activity and traffic on and around
the property beyond that which was identified and evaluated in EIR-02-04. The modified
project does not result in any impacts beyond those previously identified in EIR-02-04.
b) See X.a. above. The revised project is not anticipated to result in an increased exposure of
people to severe noise levels.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original EIR will apply.
Putentially
XI. PUBLIC SERVICES. Would the proposal have Potentially Significant Less than
Significant Unless Significant No
an effect upon, or result in a need for new or Impact Mitigated Impact Impact
altered government services in any of the following
areas:
a) Fire protection? 0 0 0 c;J
b) Police protection? 0 0 0 c;J
c) Schools? 0 0 0 c;J
9 /--5G
d) Maintenance of public facilities, including 0 0 0 I8J
roads?
e) Other governmental services? 0 0 0 I8J
Comments:
a) The revised project would not create an increased need for fire protection services, since the
allowable square footage has not changed. The revised project would not result in an increased
need for new or altered fire protection services over the approved project and would not result
in any new impacts beyond those identified in EIR-02-04.
b) The revised project would not create an increased need for police protection services, since the
square footage of the proposed use is not changed. The revised project would not result in an
increased need for new or altered police protection services over the approved project and
would not result in any new impacts beyond those identified in EIR-02-04.
c) The revised project is a commercial use and would not induce significant population growth
nor result in adverse impacts to public schools or need for additional public schools. The
applicant would be required to pay school fees; however, an alternative financing mechanism,
such as participation in or annexation to a CFD, is al10wed by the Chula Vista Elementary
School District.
d) The revised proj ect would be maintained entirely by the property owner.
e) The revised project would not result in an increased need for governmental servIces as
compared to the previous project, as the overall square footage and building density have not
bcen changed and the proposed use remains the same.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original EIR wil1 apply.
XII. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
Potentially
Potentially Significant J,essthan
Significant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 I8J
Putentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) Fire/EMS 0 0 0 I8J
The Threshold Standards requires that fire and medical units must be able to respond to all
calls within 7 minutes in 80% of the cases (measured annual1y).
Comments: Thresholds for fire protection services wil1 ultimately be met as population growth
in the area continues and new stations are constructed with Villages Two and Nine of the Otay
Val1ey parcel and within Vil1age Thirteen of the Proctor Vaney Parcel. As applicable, fire
service facilities will be financed through the payment of fees and phasing of development of
the FC site. As explained in Section Xl, the revised project does not increase the demand for fire
protection services over that of the approved project.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original EIR wil1 apply.
10 /-,s-/
Potentially
Putentiall}' Significant Less than
Significant Unless Significant No
Impact MitiJ:ated Impact Impact
b) Police D D D 0
The Threshold Standards require that police units must respond to 81 % of Priority I
calls within 7 minutes and maintain an average response time to all Priority 1 calls of 5.5
minutes or less. Police units must respond to 57% of Priority 2 calls within 7 minutes or
less and maintain an average response time to all Priority 2 calls of 7.5 minutes or less.
Comments: Thresholds for law protection services will ultimately be met as population growth
in the area continues and new stations are constructed with Villages Two and Nine of the Otay
Valley parcel and within Village Thirteen of the Proctor Valley Parcel. As applicable, law
service facilities will be financed through the payment of fees and phasing of development of
the FC site. The revised project does not increase the demand for law protection services over
that of the approved project.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the original EIR will apply.
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
C) Traffic D D D 0
1. City-wide: Maintain LOS "C" or better as measured by observed average (ravel
speed on all signalized arterial segments except that during peak hours a LOS "D"
can occur for no more than any two hours of the day.
2. West of 1-805: Those signalized intersections, which do not meet the standard
above, may continue to operate at their current 1991 LOS, but shall not worsen.
Comments: The project site is located to the east of 1-805. The revised project would not
increase the land use intensity or traffic generated over the previous project, and the proposed
square footage of the FC development would remain unchanged. According to the traffic
analysis prepared by Linscott, Law & Greenspan (August 16, 2004), the revised project
would not result in increased traffic impacts over the approved project. As discussed in the
EIR, all roadway segments and intersections within the project area were calculated to operate
at acceptable levels of service with the addition of project traffic.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures gIven in the original ErR will apply.
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
d) ParkslRecreation D D D 0
The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and
community parkland with appropriate facilities per 1,000 residents east of Interstate 805.
Comments: Since the project does not include the construction of residential units, there is
no park impact.
Mitigation: No mitigation measures are required.
II / - s-::<
PotentiaUy
PotentiaUy Significant Less than
Significant Unless Significant No
Impact Mitigakd Impact Impact
e) Drainage 0 0 0 I1;J
The Threshold Standards require that storm water flows and volumes not
exceed City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City
Engineering Standards. The proposed project will comply with this Threshold
Standard.
Comments: A fina1 drainage study will be prepared in conjunction with the preparation of
final grading and improvement plans and properly designed drainage facilities will be
installed at the time of site development. Surface runoff will be collected on-site and
discharged into the existing City storm drainage system: the revised project will not result in
additional significant impacts to the City's storm drainage system as compared to the
approved project. Refer to the March 3, 2004 letter prepared by Rick Engineering Company
which concludes that recommendations outlined in the EIR adequately address the post-
construction BMP requirements for a planning level study for the revised project.
Mitigation: No additional mitigation measures are required with the revised project. Refer to
the March 3, 2004 letters prepared by Rick Engineering Company and P&D Consultants.
Mitigation measures given in the original EIR will apply.
PotentiallJ
PutentiaUy Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
t) Sewer 0 0 0 I1;J
The Threshold Standards require that sewage flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with Sewer Master Plants) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: The revised project does not result in an increased demand for sewer services
or significant impacts beyond what was analyzed in the previous EIR. Proper engineering
design of required sewer improvements to serve the project will ensure that sewage !lows
and volumes will not exceed City Engineering Standards. Refer to the March 3, 2004 letter
prepared by PBS&J which concludes that the revised project will not result in additional
significant impacts, as the gross parcel area and the total building area remain the same as
the approved project and, therefore, represent the same densities and building area as that
assumed in the Freeway Commercial Conceptual Sewer and Water Studies.
Mitigation: No additional mitigation measures are required with the revised project. Refer to
the March 3, 20041etter prepared by PBS&J regarding the sewer and water studies. Mitigation
measures given in the original EIR win app1y.
12 /-S-3
Potentiall)"
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
g) Water D D D 181
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project will
comply with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee off-
set program the City of Chula Vista has in effect at the time of building permit issuance.
Comments: Refer to the March 3, 2004 letter prepared by PBS&J which concludes that the
revised project would not result in additional significant impacts, as the gross parcel area and
the total building area remain the same as the approved project and, therefore, represent the
same densities and building area as that assumed in the Freeway Commercial Conceptual
Sewer and Water studies.
Mitigation: No additional mitigation measures are required with the revised project. Mitigation
measures given in the EIR will apply.
Potentially
XIII. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant Less than
Significant Unless Significant No
the proposal result in a need for new rystems, or Impact Mitigated Impact Impact
substantial alterations to the following utilities:
a) Power or natural gas? D D D 181
b) Communications systems? D D D 181
c) Local or regional water treatment or D D D 181
distribution facilities?
d) Sewer or septic tanks? D D D 181
e) Storm water drainage? D D D 181
t) Solid waste disposal? D D D 181
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and
service systems. Any alterations to existing utilities and service systems and connections to
such utilities and systems that are necessary in order to adequately service the proposed
development would be implemented by the developer, subject to the approval of the City of
Chula Vista, as well as appropriate utilities and scrvice providers. Since the allowable square
footage of the revised project would not change relative to the previous project, the revised
project would not result in any impacts beyond those identified in EIR-02-04.
b) See XIILa.
c) As with the previous project, the revised project would result in an incremental increase in the
need for recycled water and place additional demands on water storage and pumping facilities.
Infrastructure improvements for such facilities are described in the Planning Area 12 FC PFFP
and SPA Plan. Development impact fees wi]] be required to mitigate potential impacts. Since
the allowable square footage (and area of development) of the revised project would not
change relative to the previous project, the revised project would not result in any impacts
beyond those identified in EIR-02-04.
13 / - .s-<I
d) See XII.f.
e) See XII.e.
f) See XIILa.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures
given in the previous EIR would apply.
Potentially
Potentially Significant Less than
Significant Unless Significant No
XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact
a) Obstruct any scenic vista or view open to the 0 0 0 ~
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0 0 0 ~
scenic route?
c) Have a demonstrable negative aesthetic effect? 0 0 0 ~
d) Create added light or glare sources that could 0 0 0 ~
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light? 0 0 0 ~
Comments:
a) No significant scenic vistas or views open to the public exist through the site.
b) There are no scenic vistas in the area, nor are there any designated scenic highways.
c) The project site would result in an overa]] change to topography of Otay Ranch area
topography and landscape rrom predominantly rural to more urban/developed character and the
existing visual character would be degraded. The original EIR identified significant
unmitigatable impacts resulting from grading and development of the undeveloped site. No
mitigation measures were identified to reduce the impact resulting from the change in land use
to less than significant and a statement of overriding considerations was adopted. The revised
project would not result in any impacts beyond those identified in EIR-02-04
d) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula
V ista Municipal Code. Exterior lighting would not be directed upward and would be designed
and installed, with appropriate shielding if necessary, to ensure that light does not spi]] beyond
the limits of the development area onto adjacent roadways or surrounding areas. The revised
project would not result in any impacts beyond those identified in EIR-02-04
e) See XIV.d.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures
given in the previous EIR would apply.
14 1- ::;'-5-
Potentially
XV. CULTURAL RESOURCES. Would the Potentially Significant Less than
Significant Unless Significant No
proposal: Impact Mitigated Impact Impact
a) Result in the alteration of or the destruction or 0 0 0 ~
a prehistoric or historic archaeological site?
b) Result in adverse physical or aesthetic effects 0 0 0 ~
to a prehistoric or historic building, structure
or object?
c) Have the potential to cause a physical change, 0 0 0 ~
which would affect unique ethnic cultural
values?
d) Restrict existing religious or sacred uses within 0 0 0 ~
the potential impact area?
e) Is the area identified on the City's General 0 0 0 ~
Plan EIR as an area of high potential for
archaeological resources?
Comments:
a) No prehistoric or historic archaeological sites are known or are expected to be present within
the impact area of the proposal. No new significant impacts would occur with the revised
project. The project would not result in any impacts beyond those identified in EIR-02-04.
b) No buildings or structures are present within the impact area of the proposal and no prehistoric
or historic objects are known or are expected to be present within the impact area. No new
significant impacts would occur with the revised project. The project would not result in any
impacts beyond those identified in EIR-02-04.
c) The physical changes required by revised project would not affect unique ethnic cultural
values.
d) No religious or sacred uses exist within the impact area of the revised project.
e) The project site is identified as an area oflow potential for cultural resources. No prehistoric or
historic resources have been identified on the property and therefore, the potential for impacts
to archaeological resources is considered to be less than significant. No new significant
impacts would occur with the revised project. The project would not result in any impacts
beyond those identified in EIR-02-04.
Mitigation: No new significant impacts would occur with the revised project. No mitigation measures
are required.
15
/-~-""
Potc-ntially
Significant
Impact
Potentially
Significant
Unlc-ss
Mitigated
Less than
Significant
Impact
No
Impact
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the
destruction of paleontological resources?
o
o
o
181
Comments:
The previous EIR determined that grading impacts from development of the site could result in
potentially significant impacts to buried pa1eontological resources. Mitigation in the form of
monitoring to reduce impacts to less than significant is proposed. No new sil,'llificant impacts were
identified with the revised project. The revised project would not result in any impacts beyond those
identified in EIR-02-04.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures
given in the previous EIR would apply.
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
b) Affect existing recreational opportunities?
c) Interfere with parks & recreation plans or
programs?
Comments:
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 181
0 0 0 181
0 0 0 181
XVII. RECREATION. Would the proposal:
a) The revised project is for a freeway commercial use, with no increase in proposed square
footage above the previous project. No housing is proposed and the project would not
induce significant population growth. Thus, the project would not create an increased
demand for neighborhood or regional parks or facilities. The revised project would not
result in any impacts beyond those identified in EIR-02-04.
b) The revised project would not create a sil,'llificant impact to existing recreational
opportunities in the area. The revised project would not result in any impacts beyond those
identified in EIR-02-04.
c) According to the Parks and Recreatlon Element of the General Plan, the project site is not
planned for any future parks and recreation facilities or programs. The revised project
would not result in any impacts beyond those identified in EIR-02-04.
Mitigation: No mitigation measures are required.
16
/ - ~-7
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declaration for
mandatory findings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods or
California history or prehistory?
PotcntiaUJ
Signilicant
Impact
Pot{"ntially
Significant
Unless
Mitigated
No
Impact
Less than
Significant
Impact
o
o
[;J
o
Comments: Development of the project site could result in potentially significant direct impacts to
biological resources present on site or immediately adjacent to the proposed development. Potential
impacts to burrowing owl, northern harrier, and foraging raptor habitat have been identified with the
previous project. There are no known cultural resources on the site. The revised project would not
result in any impacts beyond those identified in ElR-02-04.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures
given in the previous EIR would apply.
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
o
o
[;J
o
Comments: The revised project would not affect long-term environmental goals of the City because
the project is consistent with the City of Chula Vista General Plan and the Draft City of Chula Vista
Multiple Species Conservation Program Subarea Plan. The revised project would not result in any
impacts beyond those identified in EIR -02-04
Mitigation: No mitigation measures are required.
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
o
o
[;J
o
Comments: The revised project does not result in an increase in cumulative impacts beyond those
identified in EIR-02-04.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures
given in the previous EIR would apply.
17
/ _ ,r;-
-~,:!
d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
D
D
D
181
Comments: As with the previous project, potentially significant impacts related to hazardous materials
could result rrom the revised project since hazardous materials could be used or transported to the site as a
result of the commercial facility. Impacts would be reduced to a level that is less than significant through
adherence to relevant regulations of federal, state, and local agencies. The revised project would not result
in any impacts beyond those identified in EIR-02-04.
Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given
in the previous EIR would apply.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in the Freeway Commercial EIR (EIR-02-04) and associated
Mitigation Monitoring and Reporting Program. No new mitigation measures are required for the revised
project.
References:
General Plan, City ofChula Vista
Otay Ranch Planning Area Twelve Freeway Commerical Sectional Planning Area (SPA) Plan
Second Tier Environmental Impact Report
P&D Consultants Letter dated March 3, 2004
Rick Engineering Company Letter dated March 3, 2004
PBS&J Letter dated March 3, 2004
Geotechnics Incorporated Letter dated February 26, 2004
LLG traffic analysis dated August 16, 2004
J/planning/stevexp/environmental documents/freewaycommercial/eir review/finalcheck!ist
18
/- :>-9
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the liners) provided below, the Property Owner and Operator stipulate that they have read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained within EIR-02-04, and will implement same to the satisfaction of the Environmental Review
Coordinator.
Printed Name and Title of Property Owner
(or authorized representative)
Date
Signature of Property Owner
(or authorized representative)
Date
Printed Name and Title of Applicant/Operator
(if different from Property Owner)
Date
Signature of ApplicantlOperator
(if different from Property Owner)
Date
Printed Name and Title of Applicant/Operator
(if different from Property Owner)
Date
Signature of Applicant/Operator
(if different from Property Owner)
Date
NOT APPLICABLE
19
/-~C'
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The enviromnental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the following pages.
0 Land Use and Planuing 0 Transportation/ Circulatiou 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service
Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
0 Air Quality 0 Noise 0 Recreation
0 Paleontological 0 Mandatory Findings of Significance
Resources
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the 0
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and 0
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but 0
at least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated." An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I>J
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
~~/OhJoc~'
Marilyn R.F. Ponseggi
Environmental Review Coordinator
gf/g)o!-
f 'Date
20
/ -4~ /
1.0 Executive Summary
CHAPTER 1.0
EXECUTIVES~ARY
1.1 INTRODUCTION AND BACKGROUND
This document is a Second Tier Environmental Impact Report (EIR) that addresses the adoption of a
Sectional Planning Area (SPA) Plan for Planning Area 12 Freeway Commercial (PC) portion of the
Otay Ranch General Development Plan (GDP). A Tentative Tract Map (TM) also accompanies the
application for a SPA Plan. This EIR will be "tiered" from the previously certified Final Program
Environmental Impact Report Otay Ranch (EIR 90-01) that was prepared for the larger General Plan-
level Otay Ranch GDPEIR in the early 1990s. A copy ofEIR 90-01 is located at the City ofChula
Vista offices. Tiering is discussed in more detail in Section 2.0 of this EIR, Introduction.
This EIR addresses the potential environmental impacts of aSP A Plan and a TM for the Planning Area
12 FC site of the Otay Ranch GDP. This project area is the Otay Ranch Planning Area 12 Freeway
Commercial Sectional Planning Area, or, in shortened form, the FC site. All statements in this
document that use the phrase Freeway Commercial or the abbreviation "FC" refer to Otay Ranch
Planning Area 12 Freeway Commercial Section Planning Area. Another phrase used throughout this
document is the Freeway Commercial SPA Plan and it refers to the same area.
. ,
The proposed 132.9-acre project site has been identified in the Otay Ranch GDP for freeway-oriented
commercial uses that are anticipated to occur within this portion of Planning Area 12. Approximately
120.5 acres of the 132.9-acre site would be utilized for commercial purposes, and 12.4 acres would be
used for circulation. A specific and more detailed description of the project features is contained in
Chapter 4.0, Project Description, of this EIR.
1.2 PROJECT LOCATION
The City of Chula Vista is an incorporated city located about 12 miles south/southeast of the
downtown area of the City of San Diego, California. Chula Vista is presently about 50 square miles
in extent. The FC site is located within the Eastern Territories Planning Area in the City of Chula
Vista. Please refer to Figures 1-1, 1-2, 1-4, and 1-5 for specific locational information. Figure 1-3 is
a General Plan Map for the City of Chula Vista.
Otay Ranch Planning Area 12 EIR - Freeway Commercial
lK192 CHAPTER 01.do< JIJIKJ3
Page I-I
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Otay Ranch Planning Area 12- Freeway Commercial
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Freeway Commercial Site
/-&c/
1.0 Executive Summary
The 132.9-acre project site is located in the northeastern portion of the Otay Valley Parcel of the
22,899- acre Otay Ranch GDP project area. The Otay Valley Parcel is the largest of the three parcels
that comprise Otay Ranch and is about 9,500 acres in size. Telegraph Canyon Road and the Eastlake
community border this parcel on the north; Lower Otay Lake and the Arco Olympic Training Center
are the eastern limits; the Otay River Valley encompasses the southern limits; and other recent
developments, including Sunbow I and II, the Otay Landfill, and the Coors Amphitheater and Water
Park, are the western limits. The other two Otay Ranch development areas are the Proctor Valley
Parcel and the San Y sidro Mountain Parcel.
The project site, which comprises the FC portion of Planning Area 12 in the adopted Otay Ranch
GDP, is specifically located east of the future alignment of State Route (SR)-125, south of the
alignment of Olympic Parkway, and north of the future alignment of Birch Road in the City ofChula
Vista. The future alignment of the southern extension of Eastlake Parkway forms the easterly
boundary. Olympic Parkway has recently been completed adjacent to the northwestern boundary of
the project site.
The partially developed community of Eastlake is located to the north. It is primarily developed with
residential uses and includes both commercial and industrial park components farther north near
Otay Lakes Road.
1.3 PROJECT DESCRIPTION
This project involves the implementation of the Planning Area 12 FC SPA Plan within the Otay
Ranch GDP and includes the development of the FC parcel and a TM on the 132.9-acre parcel. The
Planning Area 12 FC SPA Plan and conceptual TM will refine and implement the land use plans,
goals, objectives, and policies of the Otay Ranch GDP (as amended), focusing on the FC portion of
the GDP. The proposed project includes only the FC site. It does not include the Eastern Urban
Center (EUC) property to the south, which is also located within Planning Area 12. The EUC
property will undergo its own separate environmental review and planning process at a later date.
Specific project development details identify approximately 120.5 acres of the site designated for
Freeway Commercial Use, and 12.4 acres designated for circulation. A total of 1,215,000 square feet of
commercial uses would be allowed in the SPA area with a Floor Area Ratio (FAR) of .25. It would
also include room for a light rail alignment or other transit way and a station site to be reserved for the
San Diego Trolley, and a park-and-ride component for commuter parking in the
Page 1-4
Otay Ranch Planning Area 12 EIR - Freeway Commercial
lK192 CHAPTER Ol.doc 1131103
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1.0 Executive Summary
commercial area. Development of the area would be phased, dependent upon public facility
improvement needs and real estate market conditions. Although it is anticipated that there would be
a balanced grading operation, with about 1,620,000 cubic yards of grading for the entire site, there
may be the need for some limited import/export involving the EUC site. Maximum heights of
graded slopes would be 27 feet for cut slopes and 50 feet for fill slopes at a 2: 1 slope ratio.
Grading has already occurred in the northern portion of the lot under a previously approved
discretionary action related to the Village 6 property immediately to the west. As a part of the
approval of Village 6, a borrow/storage site was analyzed in the Village 6 EIR within the northern
portion of the FC site. In addition, grading for the extension of Olympic Parkway along the northern
border of the property was approved and has occurred, further altering the landform on the FC site.
The southern portion of the FC site has not been graded.
1.4 AL TERNA TIVES TO THE PROPOSED PROJECT
Three alternatives to the proposed project are evaluated in this EIR - the California Environmental
Quality Act (CEQA) mandated No Project Alternative, a Reduced Intensity Alternative, and an Office
with Freeway Commercial Alternative. The No ProjectINo Development Alternative assumes that the
area within the FC site would not be developed. The FC site would continue to be used for agricultural
purposes. The Reduced Intensity Alternative would allow the development of approximately 908,000
square feet of commercial space within the FC area, which is the amount of commercial density
assumed in the fiscal analysis done for the GDP. The Office with Freeway Commercial Alternative
would allow the development of 1,135,000 square feet of retail commercial uses and professional
administrati ve office uses. The alternati ves are addressed in more detail in Chapter 10.0, Project
Alternatives.
1.5 SUMMARY OF ENVIRONMENTAL EFFECTS
Table 1-1 provides a summary of the environmental effects that could result from implementation of
the proposed project, potential mitigation measures, and the level of significance after implementation
of the proposed mitigation measures.
Page 1-8
Otay Ranch Planning Area 12 EIR - Freeway Commercial
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P I ann
ng & Building Department
Planning Division I Development Processing
CIlY OF
CHUA VlSfA
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary actiDn by the Council.
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests. payments. or campaign contributions for a City of Chula Vista election must be filed, The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract. e.g.. owner. applicant. contractor, subcontractor, material supplier.
General Growth Propcnics. Jnc
(n pubhc!y lraded compan\" on the NY Stock Exe.)
~vlc\till1n Companies
2. 11 any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
G\.~crH1 Gttm1h J>topt...11ics. Inc. is a publicly tmdc comp~my on the Ncw York. Stock Exchange
:\1cMllhn Compalljcs
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4, Please identify every person, including any agents, employees. consultants, or independent contractors you have
assigned to represent you before the City in this matter,
John Bcrn"trom DOU1.da.. rVIcChtmc
Kns LOl1c:-;on Gary Ciod
David F. PUnic! Chuck Moore
5. Has any person' associated with this contract had any financial dealings with an offICial" of the City of Chuta
Vista as it relates to this contract within the past 12 months. Yes_ No-L
If Yes, briefly describe the nature of the financiat interest the official" may have in this conlTact.
6. Have you made a contribution of more than 5250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No X Yes _If yes. which Council member?
27() F 01,1 rth Avenue
Chul" Vista
C.lliforoiJ
9t910
(619) 691.5t01
/-97
ATTACHMENT 11
City Of Chula Vista
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista In the
past twelve (12) months? (This inetudes being a source of Income. money to retire a legal debt. gift, loan, etc.)
Yes No-2L
If Yes, which official" and what was the nature of item provided?
Date:
~
Signature of ntractor/Applicant
G\.'>f1I.'f'JJ Growth Prorcnics., Inc.
Rr: John Bergstrom. Sr. VP
Print or type name of Contractor/Applicant
Person is defined as: any individuat. firm, co-partnership, joint venture. association, sOCial club, fratemal
organization. corporation. estate, trust, receiver, syndicate, any other county, city. municipality, district, or other
political subdivision, -or any other group or combination acting as a unit
.
..
Official includes, but is not limited to: Mayor, Courlcil member, Planning Commissioner. Member of a board,
commission, or committee of the City, employee, or staff members.
2i6 Fourth Avenue
ehula Vi'la I California
91910
(619) 691.$1Ot
/ -/CC