HomeMy WebLinkAboutPlanning Comm Reports 2004/11/10 (2)
PLANNING COMMISSION AGENDA STATEMENT
Item: I
Meeting Date: 11/10/04
ITEM TITLE:
Public Hearing: PCM 04-15A; Consideration of an amendment to the
Sectional Planning Area (SPA) Plan for the Freeway Commercial portion of
Planning Area 12 of the Otay Ranch to update the Public Facilities Finance
Plan and Air Quality Improvement Plan; and,
PCS 05-02; Consideration of a Tentative Subdivision
Map on 86.9 acres of the Freeway Commercial portion of Planning Area 12
of the Otay Ranch.
PCC 05-013; Consideration of a Conditional Use
Permit for a multiplex movie theater in the Freeway Commercial portion of
Planning Area 12 of the Otay Ranch.
Applicant: General Growth Properties
General Growth Properties has applied to update the Public Facilities Finance Plan and Air Quality
Improvement Plan of the Freeway Commercial SPA Plan to reflect the new tentative map and
recently revised SPA Plan. General Growth has also submitted for approval a Tentative Subdivision
Map consisting of seven lots for fTeeway-oriented commercial uses on 86.9 acres of the Freeway
Commercial SPA Plan in the Otay Ranch. In addition, they have applied for approval of a
Conditional Use Permit for a multiplex movie theater for up to 16 screens in an approximately
70,000 square foot building on Lot 6 of the proposed tentative map.
The Environmental Review Coordinator has reviewed the proposed SPA Plan amendment, PCM 04-
15A, Tentative Subdivision Map, PCS-05-02, and Conditional Use Permit, PCC 05-13 and
determined that the project would not result in any new environmental impacts that were not
previously identified in the Final Second Tier Environmental Impact Report (Final EIR 02-04) and
addendum for the Planning Area 12 - Freeway Commercial SPA Plan, nor would the project result in
a substantial increase in the severity in any environmental effects not previously identified in Final
EIR 02-04.
RECOMMENDATION:
That the Planning Commission adopt attached Resolutions Nos.:
PCM 04-15A recommending that the City Council approve the SPA Plan
amendments updating the Public Facilities Finance Plan and Air Quality
Improvement Plan; and
Page 2, Item:
Meeting Date: 11/10/04
PCS-05-02 recommending that the City Council approve Tentative Subdivision Map
(C.V.T. 05-02) in accordance with the findings and subject to the conditions
contained therein.
PCC 05-013 recommending that the City Council approve the Conditional Use
Permit for the multiplex movie theater on Lot 6 of the proposed tentative map.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
In the spring of2003, the City Council approved McMillin Companies' application for a SPA Plan
on the Freeway Commercial portion of Planning Area 12 in the Otay Ranch master planned
community. Subsequent to the SPA Plan approval, McMillin requested approval of a tentative map
on their 86 acres ofthe Freeway Commercial. The City Council approved the tentative map in March
of2003.
General Growth Properties is now acquiring the site from McMillin Companies and has processed a
SPA Plan amendment, which was approved by the City Council on September 14, 2004. General
Growth has also submitted a new tentative map, and staff has had the Public Facilities Finance Plan
updated to analyze the new map. The Air Quality Improvement Plan is also being updated to reflect
the proposed project. In addition, General Growth is requesting approval of a Conditional Use Permit
for the movie theater multiplex.
It is anticipated that the balance ofthe Freeway Commercial in Planning Area 12 owned by the Otay
Ranch Company will be subdivided in the future.
a. Existing Site Characteristics
The Freeway Commercial site, located in the northeastern section of the Otay Valley Parcel ofthe
Otay Ranch, consists of 132.9 acres of land characterized by fairly flat mesa tops and gently rolling
hills. This tentative map is to subdivide the 86.9-acre FC-l portion (McMillin ownership) in the
southern area of the Freeway Commercial. Immediately north of the proposed tentative map is
approximately 34 acres of Freeway Commercial land owned by the Otay Ranch Company.
The EastLake Terraces project is located directly north of the Project across Olympic Parkway.
Village Six is located to the west, separated by the future alignment ofSR-125. Village 11 is located
to the east across Eastlake Parkway; and the future Eastern Urban Center (EUe) is located to the
south across future Birch Road.
Page 3, Item:
Meeting Date: 11/10/04
b. General Plan, Zoning and Land Use
The Otay Ranch GDP sets aside Planning Area 12 for large regional commercial retailers that are
excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway
Commercial as a land use category for regional retail uses, which require automobile access near regional
transportation systems. City of Chula Vista zoning for the project area is PC - Planned Community. The
Freeway Commercial SPA Plan Zoning District identifies the project area as FC - Freeway Commercial and
provides land use regulations, development standards and processing for the proposed subdivision. The PC
District Regulations require a Conditional Use Permit approved by the City Council for the movie theater
multiplex.
c. Proposed Plan
SPA Plan Amendment:
Public Facilities Finance Plan (PFFP) and Air Quality Improvement Plan (AQIP)
The original SPA Plan approved in March of2003 anticipated development of five phases with two phases
on FC-2 (Otay Ranch Company) and three on FC -1 (McMillin Companies). The new tentative map proposes
that the entire FC- I project be developed in one phase, so the PFFP has been updated to reflect just one
phase for the General Growth project in FC-I and the original two phases for Otay Ranch Company's FC-2
area. All street improvements for Town Center Drive, Eastlake Parkway and Birch Road will be completed
with this first phase. All traffic signals will be installed and pedestrian connections to Village II and the
EUC completed as part ofthis project. The improvements will all be completed prior to the opening of the
shopping center.
Air Quality Improvement Plan
When the original SPA Plan was approved in March of2003, the City was in the process of updating the air
quality standards and had a test program underway. Since the approval of the original SPA Plan in 2003, the
City has initiated the implementation of the updated standards and so the Freeway Commercial SPA Plan
AQIP needs to be updated to reflect current air quality programs. General Growth has selected to implement
the GreenStar Program in the project. Under this program, they have committed to exceeding Title 24
Energy Efficient Standards by 10% on 50% of the project. In addition, the project will identify the specific
building efficiency program to be used, the number of structures committed to participate and project
features incorporated in the land use design to further conserve and reduce emissions and air pollutants prior
to the issuance of building permits.
Tentative MaD
Land Use
The Freeway Commercial's approved SPA allows a total of approximately 1,215,000 square feet of
commercial development to be constructed in two phases on the entire l20-acre planning area. The proposed
Page 4, Item:
Meeting Date: 11/10/04
tentative map will subdivide the FC-l area into seven parcels within a street network that also
accommodates a transit line right-of-way, a transit station and a park and ride facility. This tentative map
establishes subdivision of approximately 86.9 acres to accommodate up to 867,000 square feet of
commercial development that will feature three department store anchors, a multiplex movie theater,
restaurants, a book store, a specialty food market, sporting goods stores and a variety of smaller stores.
Lot 1 of the proposed tentative map contains the "Main Street" area and the Park-and-Ride facility. The
"Main Street" is a private drive that has on-street parking and a wide sidewalk with the smaller shops
fronting on the street. These retailers will lease their shops from General Growth. Lots 2, 3 and 4 will
contain the three anchor stores and their parking fields along with the multiplex theater. These lots will be
sold to the commercial users. A condition of the tentative map requires General Growth to enter into a
master agreement to maintain the landscaping and parking fields and drives with special enhancements
through out the entire project. Lot 6 contains the landscape buffer between Eastlake Parkway and the Bus
Rapid Transit (BRT) right-of-way. Lot 7 is the BRT right-of-way.
The Freeway Commercial project does not have residential uses and will not generate a population in the
area; therefore, it has no requirements to provide parks or recreation facilities. For the same reason, the
tentative map for Planning Area 12 - Freeway Commercial (South) does not have a Community Purpose
Facility obligation.
Circulation
Vehicular access to the lots in this tentative map is proposed from the following public streets: Olympic
Parkway, EastLake Parkway, Birch Road and Town Center Drive. Two private full-access driveways, Street
"A" and Street "C", are proposed off Birch Road, which also provides access to the Eastern Urban Center.
Both of these access streets have dual left turn pockets from Birch Road into the shopping center. Full access
offEastlake Parkway is provided opposite Kestrel Fall in Village 11. This access becomes the "Main Street"
in the shopping center with on-street parking and wide side walks along the storefronts. Dual left turn
movements are also provided at this location from northbound Eastlake Parkway into the shopping center.
The traffic volumes on Birch Road drop as vehicle trips turn into the Freeway Commercial and EUC from
42,000 at SR-125 to 12,000 at Eastlake Parkway. Staff has proposed that, since the travel lanes are not
needed between Street "C" and Eastlake Parkway, that the number oflanes be reduced from six to four and a
pedestrian refuge be provided in the median. This median refuge will provide an enhanced pedestrian
experience and safety while crossing Birch Road. This design will protect the right-of-way in case the
additional lanes are ever needed in the future.
The access from Olympic Parkway is provided by Town Center Drive, which extends south from the traffic
signal at the entrance to the Eastlake Terraces shopping center. Two private access driveways will be located
off Eastlake Parkway. Only right-in, right-out turning movements are allowed at these private driveways.
Since these drives cross the BRT right-of-way, separate traffic signals are needed at the intersections, along
with a deceleration/stacking lane on Eastlake Parkway.
Internal circulation is provided by a private loop road around the perimeter ofthe center that connects with
the drives offthe arterials. The shopping center fronts on the "Main Street" running through the center ofthe
Page 5, Item:
Meeting Date: 11/10/04
proj ect, and there are internal driveways in a grid system to provide connections between the "Main Street"
and the loop road.
Consistent with the GDP policy to locate transit line rights-of-way and trolley stops/stations in the Freeway
Commercial area, a transit station is sited on the "Main Street" at the project entry ofEastlake Parkway with
park-and-ride facilities for 200 vehicles to be provided immediately north of the station.
Grading
Mass grading of the entire Freeway Commercial site is currently being accomplished under the original
tentative map approved for the McMillin Companies. The proposed grading plan of this tentative map is
designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The Freeway
Commercial EIR 02-04 and addendum analyzed the grading on both the FC sites. McMillin Companies and
the Otay Ranch Company have reached agreement on the grading of the entire Freeway Commercial site to
one continuous pad from Olympic Parkway to Birch Road.
Conditional Use Permit for the Multivlex Movie Theater
In the original Freeway Commercial SPA Plan approval for McMillin Companies, there was a Planned
Community District Regulations requirement for a Conditional Use Permit approved by the City Council for
a movie theater in the Planning Area. This additional review and approval by the City Council was required
to ensure that a market for movie theaters would still exist for the EUC if a theater was approved in the
Freeway Commercial. At that time, the Freeway Commercial SPA Plan was being processed with the large
format discount retailers, and it was believed by the City's economic consultant that allowing a multiplex
movie theater in the project would be detrimental to the viability of the EUe. A movie theater and a
restaurant row were seen as key components of the pedestrian-oriented EUC.
Now that the format of the Freeway Commercial has changed from the large discount retailer to the
pedestrian-oriented fashion store format, the focus shifts to ensuring a strong pedestrian connection between
General Growth's Town Center proj ect in the Freeway Commercial and the EUe. The concern on pedestrian
orientation has been satisfied with the "Main Street" design proposed by General Growth. The pedestrian
connection will be further enhanced with the Street "c" intersection at Birch Road with the pedestrian
refuge.
General Growth has applied for approval ofthe Conditional Use Permit for the multiplex theater to expedite
the construction of the movie theater with the rest of the shopping center. They propose up to a 16 screen
multiplex within a 70,000 square-foot building. This theater is projected to have a 5-mile service radius, and,
while initially the support population is below the industry standard projected population, household
incomes and prime movie going sector (35 to 65 year olds) exceed the composite norms for the industry. The
proj ect site is in the center of a growth corridor along SR -125. However, even at buildout ofthe Otay Ranch,
there is a market for one multiplex theater in the Otay Ranch according to the applicant. Any additional
theaters will have a specialized market segment such as art-house theater, which could fit very well with the
University.
Page 6, Item:
Meeting Date: 11/10/04
d. Analvsis
This tentative map proposes to subdivide the 86.9 areas ofFC-1 into seven parcels for regional commercial
retailers. Each lot has its own parking field and access points are sized to accommodate the projected traffic
turning into the different parking fields. The reduced pedestrian travel distance across Birch Road will
provide a stronger connection to the EUC and potential University to the south.
The tentative map is consistent with and implements the approved General Development Plan (as amended)
and, more specially, the Planning Area 12 - Freeway Commercial SPA Plan policies. The tentative map
lotting of the planning area is consistent with the land uses allowed in the PC District Regulations.
CONCLUSION:
The update to the PFFP analyzes the revised Freeway Commercial project proposed by General Growth and
the AQIP has been updated to select the GreenStar conservation program. These two SPA amendments are
consistent with the Otay Ranch GDP. Staff believes that the new proposed tentative map for Planning Area
12 - Freeway Commercial (South) is consistent with the Otay Ranch GDP and recommended Planning Area
12 - Freeway Commercial SPA policies and recommends approval of the tentative map subject to the
Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's office has reviewed the
tentative map Conditions of Approval and believes that they meet the requirements of the Subdivision Map
Act and have approved them as to form. With the revision to the SPA Plan proposed by General Growth and
approved by the City Council, the character of the Freeway Commercial changes ftom a large discount
retailer format to a pedestrian-oriented regional center with a "Main Street". The movie theater multiplex is
consistent with this pedestrian-oriented design.
Attachments
1. Locator Map
2. Public Facilities Finance Plan and Air Quality Improvement Plan
3. Tentative Subdivision Map (C.V.T. 03-11)
4. CUP Location Map
5. Draft Tentative Map Conditions of Approval
6. Planning Commission Resolutions PCM 04-15A with Draft City Council Resolution for SPA Amendment
7. Planning Commission Resolutions PCS 05-02 with Draft City Council Resolution for Tentative Map
8. Planning Conunission Resolutions PCC 05-013 with Draft City Council Resolution for CUP
9. Disclosure Statement
H:\PLANNING\Otay Ranch\Frwy Comm SPA\General GrO\vth\TM\PC_ FC_SPA-TM_CUP ~StaffRpt.doc
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, Village 11
PROJECT
lOCATION
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CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT Freewar Commercial SPA Plan PROJECT DESCRIPTION:
C) APPLICANT: Genera Growth Properties, Inc. MISCELLANEOUS
PROJECT Eastlake Parkway Request: Proposal for a SPA Amendment for a retail development within
ADDRESS. & Olympic Parkway the Qtay Ranch Planning Area 12, Freeway Commercial site. Tentative
SCALE: Subdivision Map and Condtional Use Permit for movie theater.
FILE NUMBER:
NORTH No Scale PCM-04-15A Related Cases: PCS-05-02, PCC.05-13 ATTACHMENT 1
J :\planning\carlos\locators\pcm0415a.cdr 10.05.04
AIR QUALITY
IMPROVEMENT PLAN
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Adopted April!, 2003
by Resolution No. 2003-132
Amended September 14,2004
by Resolution No. 2004-300
Proposed Draft Amendment
October 25, 2004
(Without Strikeout/Underline)
Project Sponsor:
General Growth Properties, Inc
110 North Wacker Drive
Chicago, IL 60606
Contact: Kris Longson
(801) 486-3911
kris.longson@generalgrowth.com
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gary Cinti
(619) 223-7408
gcinti@pacbel1.net
ATT AC./{\--t[,,!0 T ;:.,
OTAY RANCH FREEWAY COMMERCIAL SPA
AIR QUALITY IMPROVEMENT PLAN
11.7.1
Executive Summary
Numerous features have becn included in thc project and surrounding Otay Ranch Community to
minimize air quality impacts from construction and operation of the Freeway Commcrcial Scctional
Planning Area (SPA) project.
The most significant air quality improvcmcnt mcasurcs arc those policics and regulations established
at the broadest geographic level, i.e., state and Federal. However, project-level fcaturcs or actions,
although small and relatively insignificant, contribute to cumulative conditions and affect regional
air quality. This report presents the specific project-level program that will bc uscd to improvc air
quality.
11.7.2
Introduction
This Air Quality Improvement Plan has been prepared in conjunction with the Otay Panch Freeway
Commercial Sectional Planning Area (SPA) Plan. The project is the freeway Commercial
component of the sub-regional commcrcial, cultural, social and public services cenler envisioned
as the Eastern Urban Center (EUC) and frecway commercial area at the heart of the Otay Ranch
Planned Community as established in the Otay Ranch General Development Plan (GDP).
The Site Utilization Plan (Exhibit 1) identifies two parcels (FC-l and FC -2) which correspond to
the two major ownerships of the property. Because of the independent ownerships, project plans
have been designed and structured to allow the two parcels to develop separately but in a
coordinated manner. The SPA plan has been prepared by the owner of parcel FC -I and, hence,
provides ~the AQIP for that parcel. Prior to initiation of development within parcel that
applicant shall choose to participate in the Chula Vista Greenstar Efficiency Program or evaluate
the project using the Chula Vista C02 INDEX Model through an amendment to this AQIP.
11.7.3
Purpose
The purpose of this Air Quality Improvement Plan (AQIP) is to respond to the Growth Management
Policies of the City ofChula Vista which require larger development projects to prepare such a plan.
The Growth Management Program implements the Growth Management Element of the General
Plan and establishes an orderly process to carry out the development policies of the City.
(10/25/04)
AIR QUALITY IMPROVEMENT PLAN
11.7.4
Project Description
The land use pattern for the proposed project is that of a large commercial use area surrounded by
a band oflandscaped open space and major circulation routes. As its name suggests, the commercial
uses in the Freeway Commercial Center will be oriented to the SR-125 freeway planned for the
western edge of the project site. The conceptual location ofthe intcrnal street system shown on the
Site Utilization Plan (Exhibit I) begins to establish the structure and pattern of development within
the SPA. However, as a largc arca ofa single land use, the configuration of development will be
established as site plans for various components of the commercial center arc plepared. In order to
assure that a consistent and coherent plan for the entire arca is dcvclopcd and implementcd, a Sitc
Plan and Architectural approval (or Master Commercial Centcr Concept Plan with implcmenting
site plans) shall be required for each parcel dcsignatcd on the Site 1 Ttilization Plan to implement the
freeway commercial uses within the SPA. (Refer to Exhibit 1 )
II.7.5
Air Quality Implementation Mcasurcs
The developer of parcel FC-l has committed to the first option In Chula Vista's AQIP Guidclincs
and will participate in the Greenstar Building Efficicncy Program, which rcquircs the majority (50%
or greater) of the structures to be designed to exceed the California 200 I Title 24, part 6, Energy
Efficiency Standards (('A 2001, cffcctive (\/1101) Title 24 by fl'n percent (10";,)
Because energy conservation technology and programs Jrc ('ul1:;t3nt1)' maturing, the spcL'ific
program will be identified prior to (hc issuancc of building permits. The particular building
efficiency program to be uscd, including a custom building program and (he burldmgs to bc
constructcd under the program, shal1 be identified on the building permit application and approved
prior to issuance of a building permit.
The developer ofp3rcelFC -2 ~hall cOIllJl1;' \\';11": the ^(,)1 P Guiik'lillt'" '11ld -.;1"111 dl!"" ,'tn p'lr1icipJt"
in the Chula Vista Greenstar "CCficicncy !)li)gram Of cy~!L."h..' tIll..' 11l('J _..; Li.~;L'~ t1IL' ( Jou:d \ i.'ld ( , _
INDEX Model through an amcndment to this AQIP.
t (0/25/04)
2
AIR QUALITY IMPROVEMENT PLAN
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~75'Enhi;llI{.YlmfmtBUffar 7.5
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FC.1 NQIfNef Aros 80.9
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Total 120.7
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(10/25/04)
Land Planning
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Exhibit 1
3
AIR QUALITY IMPROVEMENT PLAN
CUP Location Map
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ATTACHMENT 4
EXHIBIT B
GENERAL! PRELIMINARY
1. The following conditions of approval are based upon the project having one Final Map for the
entire subdivision, which shall be referenced hereinafter as "Final Map". Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed to the
City's reasonable satisfaction prior to approval of the Final Map. (Engineering)
2. 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 Applicant as to any or all
of the property. (Engineering, Planning & Building)
3. Applicant shall comply, remain in compliance, and implement the terms, conditions and
provisions, as are applicable to the Property of: I) Otay Ranch General Development Plan
(GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan (as amended); 3) Final
Environmental hnpact Report (EIR) for the Freeway Commercial (EIR 02-04 and addendum to
EIR 02-04; 4) Freeway Commercial Public Facilities Financing Plan approved by the City
Council on November 9, 2004 and the Freeway Commercial Planned Community District
Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September
21, 2004. The Applicant shall enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the land) and implementation
procedures as the City may require to comply with the above regulatory documents. Said
Agreement shall also ensure that, after approval of the Final Map, the Applicant will continue
to comply, remain in compliance, and implement such Plans. (Planning & Building)
4. Applicant shall submit and obtain the approval of the City of a Final Map containing the entire
Project's area showing lots corresponding to the lots on the Tentative Map. Said Final Map
shall also show open space lot dedications, the backbone street dedications and utility
easements required to serve the lots created by this Final Map. All lots created by this Final
Map shall have access or be provided an access easement to a dedicated public street. A lot line
adjustment, if utilized in accordance with City standards and procedures, shall not be
considered the Final Map. (Engineering)
5. In the event of a filing of a Final Map, which requires overslzmg of the improvements
necessary to serve other properties, said Final Map shall be required to include the installation
of all necessary improvements to serve the project, plus the necessary improvements for
oversizing of facilities required to serve such other properties. At the request of Applicant, City
shall consider formation of a reimbursement district or any other reimbursement mechanism in
accordance with the restrictions of State Law and City ordinances. (Engineering)
Attachment 5
EXHIBIT B
GENERAL/PRELIMINARY
I. The following conditions of approval are based upon the project having one Final Map for the
entire subdivision, which shall be referenced hereinafter as "Final Map". Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed to the
City's reasonable satisfaction prior to approval of the Final Map. (Engineering)
2. 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. "Project" shall mean the amendment to the Planning Area 12-Freeway Commercial Sectional
Planning Area (SPA) Plan. The conditions of approval applicable to the Applicant contained
herein supersede previous SPA plan conditions approved by the City Council on April 1, 2003.
(Engineering, Planning & Building)
3. Applicant shall comply, remain in compliance, and implement the terms, conditions and
provisions, as are applicable to the Property of: I) Otay Ranch General Development Plan
(GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan (as amended); 3) Final
Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04 and addendum to
EIR 02-04; 4) Freeway Commercial Public Facilities Financing Plan approved by the City
Council on November 9, 2004 and the Freeway Commercial Planned Community District
Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September
21, 2004. The Applicant shall enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the land) and implementation
procedures as the City may require to comply with the above regulatory documents. Said
Agreement shall also ensure that, after approval of the Final Map, the Applicant will continue
to comply, remain in compliance, and implement such Plans. (Planning & Building)
4. Applicant shall submit and obtain the approval of the City of a Final Map containing the entire
Project's area showing lots corresponding to the lots on the Tentative Map. Said Final Map
shall also show open space lot dedications, the backbone street dedications and utility
easements required to serve the lots created by this Final Map. All lots created by this Final
Map shall have access or be provided an access easement to a dedicated public street. A lot line
adjustment, if utilized in accordance with City standards and procedures, shall not be
considered the Final Map. (Engineering)
5. In the event of a filing of a Final Map which requires oversizing of the improvements necessary
to serve other properties, said Final Map shall be required to include the installation of all
necessary improvements to serve the project, plus the necessary improvements for oversizing of
facilities required to serve such other properties. At the request of Applicant, City shall
consider formation of a reimbursement district or any other reimbursement mechanism in
accordance with the restrictions of State Law and City ordinances. (Engineering)
Attachment 5
6. If Applicant desires to do certain work on the property after approval of the Tentative Map, but
prior to recordation of the applicable Pinal Map, he may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in
accordance with the City's Municipal Code, regulations and policies. Said permits do not
constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be
approved. All work performed by the Applicant prior to approval of the applicable Pinal Map
shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the
Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or
improvement plans) may require extensive changes, at Applicants cost, to work done under
such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other
security acceptable to the City in an amount determined by the City to guarantee the
rehabilitatioq of the land ifthe applicable Pinal Map does not record. (Engineering)
7. 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, and 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 administrative approvals to which the term, covenant, or condition applies,
including issuance of building permits; deny, or further condition the subsequent approvals that
are derived from the approvals herein granted; institute and prosecute litigation to compel
compliance with said conditions and/or seek damages for their violation. The Developer shall
be notified ten (10) days in advance prior to any of the above actions being taken by the City
and shall be given an opportunity to remedy any deficiencies identified by the City within a
reasonable and diligent time frame. (Engineering, Planning & Building)
8. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and
all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to
to envirorunental review 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 reasonable attorney's fees, arising from challenges to entitlements and approvals
issued by the City in connection with the Project. (Engineering, Environmental, Planning &
Building)
9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form
approved by the City Attorney. (City Attorney)
10. The subsequent development of a parcel which does not require the filing of a subsequent Pinal
Map shall meet, prior to issuance of a building permit for that parcel, all the applicable
conditions of approval of the Tentative Map Conditions, as determined by the City Engineer
and Director of Planning and Building. (Planning and Building, Engineering)
11. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee
title. Where an easement is required, the Applicant shall be required to provide subordination of
any prior lien holders in order to ensure that the City has a first priority interest in such land
unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said
fee title shall be free and clear of all encumbrances, unless otherwise excused by the City.
12. The applicant shall comply with all applicable Preeway Commercial SPA conditions of
approval, (PCM 04-15) as may be amended from time to time. (Planning and Building)
13. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended
from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996
("Conveyance Agreement"). (Planning and Building)
14. Prior to approval of the Final Map, Applicant shaH submit and obtain approval of a revised
Otay Ranch Planning Area 12/Freeway Commercial (C.V.T. 05-02) Maintenance
Responsibility Map for the Project ITom the Director of Planning and Building and the City
Engineer, which shaH include delineation of private and public property. A digital copy of the
Maintenance Responsibility Map shaH be submitted to the City prior to approval of said Final
Map to the satisfaction of the City Engineer. (Planning and Building, Engineering)
15. Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall
demonstrate to the satisfaction of the City Engineer and Director of Planning and Building that
the proposed site plan design incorporates the foHowing features:
1. AH right in/out locations provide for straight through circulation without the blocking of
any parking spaces; and
2. Ensure that internal circulation wi11limit vehicular egress at the right in/right out access
proposed along EastLake Parkway to the satisfaction of the City Engineer.
ENVIRONMENTALlPRESERV ATION
16. The Applicant shaH comply with aH applicable requirements of the California State Water
Resources Quality Control Board. (Planning and Building)
17. Implement, or cause the implementation of aH mitigation measures pertaining to the Project
identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR
02-04) and addendum. Any such measures not satisfied by a specific condition of this
Resolution or by the project design shaH be implemented to the satisfaction of the Director of
Planning and Building. (Planning & Building)
18. Applicant shaH comply with aH applicable requirements of the California Department of Fish
and Game, the California State Water Resources Quality Control Board, the U.S. Fish and
Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may
potentiaHy impact biological resources, such as clearing and grubbing, the Applicant shaH
comply with aH applicable requirements prescribed in the Otay Ranch GDPIFreeway
Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation
Monitoring and Reporting Program. If any permits are required to be obtained by Applicant,
Applicant shall obtain said permits with applicable agencies in consultation with the City.
Applicant shaH obtain said permits with applicable agencies in consultation with the City.
19. The Applicant shaH comply with the take permit/authorization ITom the U.S. Fish and Wildlife
Service and California Department of Fish and Game, and comply with the approved City of
Chula Vista MSCP Subarea Plan. (Planning and Building)
20. Applicant shaH comply with aH requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch,
Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and
as may be amended from time to time by the City. (Planning and Building)
21. The applicant shaH comply with the requirements and policies of the Otay Ranch Resource
Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4,
1996, as may be amended from time to time. (Planning and Building)
22. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or
by easement, the Applicant shaH cease aH cattle grazing on the land to be conveyed. In
addition, the Applicant shaH ensure through the maintenance of existing fencing or gating, if
sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that
cattle from adjacent areas cannot access the land being conveyed. (Planning and Building)
23. Prior to the approval of the Final Map for the Project, the Applicant must demonstrate to the
satisfaction of the City Engineer and the Director of Planning and Building that the entire
Project has been annexed into C.F.D. 97-02 for the maintenance, management, and monitoring
of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management
Plan (RMP), Phase 2. (Engineering, Planning and Building)
24. The Applicant and Owners shaH 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 shaH
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 shaH also be conveyed. Where an easement is granted,
each Tentative Map is subject to a condition that fee title shaH be granted upon demand by the
POM. The Applicant and Owners shaH 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 shaH
maintain and manage the offered conveyance parcel consistent with the Phase I and 2 RMP
guidelines until such time when the POM has accepted the conveyance parcel.
(Planning and Building)
SUBDIVISION DESIGN
25. Prior to the issuance of any rough grading pennit proposing to grade individual lots and/or
public streets for the Project, Applicant shaH submit a study showing that aH curb returns for
any intersection proposed to have centerline grades in excess of four percent, located within the
permit boundaries comply with ADA standards at the front and back of sidewalks to the
satisfaction of the City Engineer. (Engineering)
26. InstaH aH street trees on public streets in accordance with Section 18.28.010 of the Chula Vista
Municipal Code, the City's Landscape Manual and approved cross-sections in the Otay Ranch
Planning Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of
General Services and Director of Public Works Operations. Applicant agrees to provide any
and aH special tree instaHation conditions as requested by the Director of General Services.
Street trees shall be shown on street landscape and irrigation plans submitted for approval by
the Director of General Services and the Director of Public Works Operations prior to, or
concurrent with the second submittal of street improvement plans within the subdivision.
Approval of the street tree improvement plans shall constitute final approval of the species
selection of street trees. Location of trees and planters shall be contingent upon the location of
street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign,
regulatory, warning or guide traffic signs. (Public Works. General Services)
27. Any proposed monument signage shall be consistent with the Freeway Commercial SPA and
Freeway Commercial Design Plan, as amended, and shall be reviewed and subject to the
approval of the Director of Planning and Building prior to approval of the appropriate Final
Map. (Planning and Building)
STREETS, RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS
28. Provide security in accordance with chapter 18.16 of the Municipal Code, and construct full
improvements for all public improvements shown on the Tentative Map within the subdivision
boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject
subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards,
Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by
the City Engineer. Said public improvements shall include, but are not limited to, asphalt
concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality
BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing
improvements in the manner required by the City Engineer. If improvement plans have been
approved by the City, the amount of the security for the above noted improvements shall be
110% of the construction cost estimate approved by the City Engineer. If improvement plans
are being processed, 150% of approved cost estimate. Or, if improvement plans are not being
processed by the City, 200% of construction cost estimate approved by the City Engineer. A
lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer,
that sufficient data or other information is available to warrant such reduction. (Engineering)
29. If Applicant proposes multiple building permits, Applicant shall submit and obtain approval of
a development phasing plan from the City Engineer and Director of Planning and Building
prior to issuance of any building permit. The phasing plan shall include:
a. 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
b. A table showing the phase number, the lots included in the phase and the proposed
building square footage included in each phase.
Improvements, facilities and dedications to be provided with each phase shall be determined by
the City Engineer and Director of Planning and Building. The City reserves the right to require
improvements, facilities and/or dedications as necessary to provide adequate circulation and to
meet the circulation 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).
(Engineering, Planning and Building)
30. Applicant shall enter into an agreement with the City to accomplish the following:
a. Construct and secure all the street improvements identified in Table A below;
b. Complete to the satisfaction of the City Engineer said street improvements or that
portion thereof serving any building or structure ready for occupancy prior to issuance
of any certificates of clearance for utility connection for said building or structure.
(Engineering)
Table A
Public Streets Re uired to be Constructed b
Description
Exclusive right turn lanes into the Project along EastLake
Parkwa
Town Center Drive from Olympic Parkway to FC-2
ro e line
Birch Road from SR-125 to EastLake Parkway
31. Design all public street vertical and horizontal CUrves and intersection sight distances to
conform to the CaITrans' Highway Design Manual and City Standards. All streets, which
intersect other streets at or near a horizontal or vertical curve, shall meet intersection design
sight distance requirements in accordance with City Standards. When a conflict between the
CaITrans Highway Design Manual and adopted City standards exists, the adopted City
standards shall prevail. Lighted sag vertical curves may be permitted at intersections per
AASHTO standards and with approval of the City Engineer. The streets subject to this
condition are:
a) Public Streets
i. EastLake Parkway
ii. Birch Road
iii. Town Center Drive
b) Private Streets
1. Internal ring road
11. Street "A"
111. Street "B" (from EastLake Parkway to ring road)
IV. Street "C"
(Engineering)
32. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with
Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal
Government adopts new ADA standards for street rights-of-way which are in conflict with the
standards and approvals for the Project, all such approvals conflicting with those new standards
shall be updated to reflect the new standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by federal regulations, once
construction has commenced. (Engineering)
33. Grant sight visibility easements to the City of Chula Vista as required by the City Engineer at
public streets or public rights-of-way, to keep sight visibility areas clear of any obstructions.
Sight visibility easements shall be shown on grading plans, improvement plans, and Final Maps
to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary
to comply with the requirements in the CalTrans Highway Design Manual and City of Chula
Vista standards. (Engineering)
34. Construct, and/or provide security for traffic signal interconnect conduit and all appropriate
wiring as depicted on the approved improvement plans for all proposed signalized intersections
to the satisfaction of the City Engineer. (Engineering)
35. Applicant shall install all conduits and interconnect improvements for the future traffic and/or
pedestrian signals associated with the proposed BRT line and stations as depicted on the
approved improvement plans in conjunction with the construction of the related street
improvements to the satisfaction of the City Engineer. (Engineering)
36. Prior to the Design Review Committee approval for the project, Applicant shall submit and
obtain the approval of the City Engineer and Director of Planning and Building of a design for
that portion of Street "B" located westerly of the internal loop road which shall identify I) all
those onsite and offsite improvements and/or facilities that need to be constructed by Applicant
for providing adequate vehicular and pedestrian circulation and 2) a conceptual design and
location of neck-downs and/or other traffic calming features, as described in the Freeway
Commercial SPA Plan, as amended. (Engineering, Director of Planning and Building)
37. Agree to install permanent public street name signs prior to the issuance of the first building
permit for the Project. (Engineering)
38. Acquire and then grant to the City all off-site rights-of-way and easements necessary for the
installation of required street improvements and/or utilities, as shown on the Tentative Map.
(Engineering)
39. Notify the City, at least 60 days prior to consideration of the approval of the applicable Final
Map by City Council, if off-site right-of-way and easements cannot be obtained as required by
these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.) After said notification the Applicant shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions
of Approval of the Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said
estimate is subject to the approval of the City Engineer.
c. Have all right-of-way and/or easement documents and plats prepared and appraisals
complete, as necessary to commence condemnation proceeding, and as determined by the
City Engineer.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements,
or licenses needed for off-site improvements, or work related to the Final Map. The
Applicant shall pay all costs, both direct and indirect, incurred in said acquisition.
Items a, b, and c above shall be accomplished prior to the approval of the applicable Final Map.
(Engineering)
40. Applicant shall enter into an agreement to construct and secure all those improvements deemed
necessary by the City Engineer to provide a fully actuated traffic signal including
interconnected wiring at the following intersections:
1. Olympic Parkway and Town Center Drive,
11. Birch Road, andStreets "A" and "c"
111. EastLake Parkway and Street "B"
IV. Birch Road and EastLake Parkway
The Applicant shall fully design the aforementioned traffic signals in conjunction with the
improvement plans for the related streets. (Engineering)
41. Street cross sections shall conform to the cross sections shown on the Tentative Map, unless
otherwise conditioned or approved herein. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula
Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering)
42. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans. (Engineering)
43. Prior to approval of the Final Map, or issuance of a construction permit for the construction of
Birch Road, Applicant shall provide evidence satisfactory to the City Engineer demonstrating
that the proposed design of Birch Road meets all the Caltrans "access control" requirements.
(Engineering)
44. Applicant shall comply with all the Applicant requirements of the Updated Internal Circulation
Study for the Proposed Otay Town Center, dated August 13, 2004 and prepared by Darnell and
Associates, and any revisions thereto approved by the City Engineer. (Engineering)
45. Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, or
implement other access solutions approved by the City Engineer. Public storm drain clean-outs
shall not be located on landscaped slopes or inaccessible areas for maintenance equipment.
(Engineering)
46. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground
storm drain, if the slope is over 10 feet in height and steeper than 4:1. (Engineering)
47. Prior to approval of each grading plan, demonstrate the adequacy of existing downstream
drainage facilities or include, in the grading plans, the construction of additional temporary
detention facilities, to ensure that the discharges after development are conveyed by existing
downstream drainage facilities to the satisfaction of the City Engineer. Applicant shall enter
into an agreement with the City, where Applicant agrees to provide for the maintenance of said
facilities until such time as they are replaced by permanent facilities approved by the City.
(Engineering)
48. Construct a protective fencing system around all proposed detention and/or desilting facilities
and the inlets and outlets of storm drain structures and water quality BMPs within the project,
as determined by the City Engineer. The final fencing design and types of construction
materials shall be subject to approval by the City Engineer and Director of General Services.
(Engineering, General Services)
49. Submit to and obtain approval /Tom the City Engineer and Director of General Services of an
erosion and sedimentation control plan as part of grading plans per City standards.
(Engineering, General Services)
50. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the
City Engineer and Director of Planning and Building. Lots shall be so graded as to drain to the
street or an approved drainage system. Drainage shall not be permitted to flow over slopes or
onto adjacent property except as shown on the Tentative Map or as approved by the City
Engineer and Director of Planning and Building. (Engineering, Planning and Building)
51. Design and construct all grading and pad elevations to be within 3 feet of the grades and
elevations shown on the approved Tentative Map or as otherwise approved by the City
Engineer and Director of Planning and Building. (Engineering, Planning and Building)
52. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior
to issuance of grading permit for work requiring said off-site grading. (Engineering)
53. Design and construct all public storm drains as close to perpendicular to the slope contours as
feasible, but in no case greater than 15 degrees /Tom perpendicular to the contours.
(Engineering)
54. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the
beginning of the slope rounding for wall maintenance, unless otherwise approved for slopes by
the City Engineer and the Director of Planning and Building. (Engineering, Planning and
Building)
55. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in
substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning
and Building)
56. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
57. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be
steeper than 2: 1 (two horizontal to one vertical), except for minor slopes as herein defined. All
constructed minor slopes shall be designed for proper stability considering both geological and
soil properties. A minor slope may be constructed no steeper than one and one-half horizontal
to one vertical (1.5:1) contingent upon:
a. Submittal and approval of reports by both a soils engineer and a certified engineering
geologist containing the results of surface and sub-surface exploration, and analysis. These
results should be sufficient for the soils engineer and engineering geologist to certify that in
their professional opinion, the underlying bedrock and soil supporting the slope have
strength characteristics sufficient to provide a stable slope and will not pose a danger to
persons or property.
b. The installation of an approved slope planting program and irrigation system.
c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or
fills, between parcels and not parallel to any roadway. (Engineering)
58. Construct temporary desilting basins at all discharge points adjacent to drainage courses or
where substantial drainage alteration is proposed in the grading plan. The exact design and
location of such facilities shall be based on hydrological modeling, and determined pursuant to
direction by the City Engineer. (Engineering)
59. The Development shall comply with all regulations established by the United States
Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge
Elimination System (NPDES), permit requirements for urban runoff and storm water discharge,
the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the
NPDES regulations or requirements. Further, the Applicant shall file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under the NPDES General Permit
for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of
grading activities. The SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post
construction control measures. The Applicant shall comply with all the provisions of the
NPDES and the Clean Water Program during and after all phases of the development process,
including, but not limited to, mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The Applicant shall design the
Project storm drains and other drainage facilities to include Best Management Practices to
minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering)
60. Applicant shall enter into an agreement with the City where Applicant agrees not to protest the
formation of a facilities benefit district or any other funding mechanism approved by the City to
finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This
agreement to not protest shall not be deemed a waiver of the right to challenge the amount of
any assessment, which may be imposed due to the addition of these improvements and shall not
interfere with the right of any person to vote in a secret ballot election. The above noted
agreement shall run with the entire land contained within the Project. (Engineering)
61. Developer shall comply with all of the applicable provisions of the Storm Water Management
and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the
Development and Redevelopment Project Storm Water Management Standard Requirements
Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to
the satisfaction of the City Engineer. (Engineering)
62. Enter into a maintenance agreement with the City, where Applicant agrees to operate and
maintain in perpetuity all private permanent BMPs required by the Water Quality Technical
Report for the Project, as approved by the City Engineer. Applicant shall submit and obtain
approval from the City Engineer of a maintenance program for the proposed permanent BMPs.
The maintenance program shall include, but not be limited to: I) a manual describing the
maintenance activities of said facilities, 2) an estimate of the cost of such maintenance
activities, and 3) a funding mechanism for financing the maintenance program. (Engineering)
63. Prior to the issuance of each grading permit, or as otherwise approved by the Director of
General Services, the Applicant shall prepare, submit and obtain the approval of the Director of
General Services, City Engineer and Environmental Review Coordinator for a landscape and
irrigation slope erosion control plan. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control
in accordance with approved plans within six months from the commencement of grading.
(General Services, Engineering, Planning and Building, Environmental)
64. All private storm drains /Tom the project shall connect into the public storm drain system at a
structure such as a cleanout or catch basin. Storm drain systems that collect water from private
property shall be designated private on grading and drainage and/or improvement plans to the
point of connection with a public system or to the point at which storm water that is collected
from public street right-of-way, public park or open space areas is first introduced into the
system. Downstream from that point, the storm drain system shall be public. An encroachment
permit shall be submitted for approval to the City for private storm drains within the public
right-of-way. (Engineering)
65. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and
hydraulic studies and calculations, including dry lane calculations for all public streets.
Calculations shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets. (Engineering)
66. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: I gradient
shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm
drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The
applicant shall ensure that brow channels and ditches emanating from and/or running through
City Open Space are not routed through private property. Brow ditches and channels from
private property shall not be routed through City open space unless approved by the City
Engineer. (Engineering)
67. Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are
in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA
Plan and consistent with the landform grading policies described in the City's General Plan.
Said grading concepts will ensure that manufactured slopes are contoured to blend with and
reflect adjacent natural slopes. (Engineering, Planning and Building)
SEWER
68. Applicant shall design all public sewer in accordance with the following requirements:
a. Design all sewer access points (manholes) to be located at centerline of street, cul-de-
sac center, or at the center of a travel lane, unless otherwise approved by the City
Engineer.
b. Provide improved all-weather paved access to all sewer manholes designed with a
minimum traffic index factor of 5 or other loading as approved by the City Engineer.
c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas
for maintenance equipment.
d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved
by the City Engineer. Install sewer mains such that there are no bends exceeding 45-
degree to the direction of flow.
e. Manholes should not be located in the wheel tracks on Class I Collector Streets and
above, unless otherwise approved by the City Engineer. Manholes within intersections
of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking).
f. Sewer main pipes shall not run parallel and under slopes greater than 5: I unless
otherwise approved by the City Engineer.
g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class
pipe, as approved by the City Engineer. (Engineering)
WATER
69. Submit verification to the City Engineer in the form of a letter from Otay Water District
indicating that the assessmentsfbonded indebtedness for all parcels dedicated or granted in fee
to the City have been paid, or that no assessmentsfbonded indebtedness exist on the parcel(s).
(Engineering)
70. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any
public street. This shall include the prohibition of installing sleeves for future construction of
privately owned facilities. The City Engineer may waive this requirement if the following is
accomplished:
a. The Applicant enters into an agreement with the City where the Applicant agrees to the
following:
l. Apply and obtain approval of an encroachment permit for installation of private
utilities within public right-of-way.
11. Maintain membership in an advance notice service, such as: the USA Dig Alert
Service.
iii. Mark out all private facilities/utilities owned by the Applicant whenever work is
performed in the area.
iv. The terms of this Agreement shall be binding upon the successors and assigns of the
Applicant.
b. Shutoff devices, as determined by the City Engineer, are provided at those locations where
private facilities traverse public streets. (Engineering)
AGREEMENTS/FINANCIAL
71. Prior to the approval of the Final Map, the applicant shall enter into a supplemental agreement
with the City wherein the Applicant agrees as follows:
a. That the City may withhold building permits for the subject subdivision if anyone of the
following occur:
1. The required public facilities, as identified in the PFFP, or as amended or otherwise
conditioned have not been completed or constructed to the satisfaction of the City. The
Applicant may propose changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be amended, as
approved by the City's Director of Planning and Building and the City Engineer.
(Engineering, Planning and Building)
b. Defend, indemnify and hold harmless the City and its agents, officers and employees, rrom
any claim, action or proceeding against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City
promptly notifies the subdivider of any claim, action or proceeding, and on the further
condition that the City fully cooperates in the defense. (Engineering, Planning and
Building)
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or unit within
the Final Map area. Applicant further agrees to grant, by license or easement, and for the
benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable
television conduit within the properties situated within the Final Map only to those cable
television companies franchised by the City of Chula Vista, the condition of such grant
being that: (a) such access is coordinated with Applicant's construction schedule so that it
does not delay or impede Applicant's construction schedule and does not require the
trenches to be reopened to accommodate that placement of such conduits; and (b) any such
cable company is and remains in compliance with, and promises to remain in compliance
with the terms and conditions of the franchise and with all other rules, regulations,
ordinances and procedures regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be, issued by the City of
Chula Vista. Applicant hereby conveys to the City of Chula Vista the authority to enforce
said covenant by such remedies as the City determines appropriate, including revocation of
said grant upon determination by the City of Chula Vista that they have violated the
conditions of grant. (Engineering, Planning and Building)
d. That the City may withhold the issuance of building permits for the Project, should the
Applicant be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of
notice of such determination and allow the Applicant reasonable time to cure said breach.
(Engineering, Planning and Building)
e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage
resulting from this project. (Engineering, Planning and Building)
f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP) if adopted prior to
issuance of building permits. (Engineering)
h. The Project shall pay its fair share fees as part of 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.
1. Indemnify, and hold harmless the City, its elected and appointed officers and employees,
from and against all fines, costs, and expenses arising out of non-compliance with the
requirements of the NPDES regulations, in connection with the execution of any
construction and/or grading work for the Project, whether the non-compliance results from
any action by the Applicant, any agent or employee, subcontractors, or others. The
Applicant's indemnification shall include reasonable costs, expenses, attorney's fees and
liability incurred by the City. (Engineering)
72. Applicant shall grant an Irrevocable Offer of Dedication (LO.D.) in fee to the City, in a form
approved by the City Attorney, for the right-of-way deemed necessary by the City Engineer to
accommodate the future BRT facilities. Said right-of-way shall be shown as a separate lot in
the Final Map.
73. Prior to the approval of the Final Map, the Applicant shall work with and coordinate with
where Applicant agrees to:
a. Provide all those easements and enter into those agreements with SANDAG needed for
providing adequate conveyance of the storm water flow generated by the BRT right-of-way;
and
b. Provide all those easements needed to install BR T and/or pedestrian signals and/or signs at
the intersection of the BRT with the proposed private project entry driveways along
EastLake Parkway.
74. The Applicant shall implement the final Air Quality Improvement Plan (AQIP) measures as
approved by the City Council, and to comply and remain in compliance with the AQIP. The
Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper
subsequent imposition of the condition. Applicant shall implement the GreenStar Building
Efficiency Program. (Planning and Building)
75. The Applicant acknowledges that the City Council may, trom time-to-time, modify air quality
improvement and energy conservation measures related to new development as various
technologies and/or programs change or become available. The Applicant shall modify the
AQIP to incorporate those new measures, which are in effect prior to each Final Map approval
within the Project. The new measures shall apply, as applicable, to development within all
future Final Map areas, but shall not be retroactive to those areas that received Final Map
approval prior to effect of the subject new measures. (Planning and Building)
76. The Applicant acknowledges that the City Council may, from time-to-time, modify water
conservation measures related to new development as various technologies and/or programs
change or become available. The Applicant shall be required to modify the Water Conservation
Plan (WCP) to incorporate those new measures, which are in effect prior to each Final Map
approval within the Project. The new measures shall apply to development within all future
Final Map areas, but shall not be retroactive to those areas that received Final Map approval
prior to effect of the subject new measures. (Planning and Building)
77. Applicant shall enter into an agreement with the City encumbering the entire Project, which
shall include all of the following:
a) Provisions ensuring the Applicant's maintenance of all private common facilities
located within the project including, but not be limited to: walls, fences, water
fountains, lighting structures, paths, trails, access roads, drainage structures, water
quality treatment facilities, landscaping, trees, streets, parking lots, driveways, and
sewage systems that are private. Common facilities are to be identified or labeled in
an exhibit in the agreement.
b) Language establishing the Applicant's responsibilities to maintain public
landscaping and/or improvements in conformance with the Maintenance
Responsibility Map.
c) Language establishing Applicant's responsibility to maintain all private temporary
slopes and associated temporary facilities adjacent to the south side of Birch Road
(from SR-125 to EastLake Parkway) needed for the construction of said portion of
Birch Road.
f) Provisions indemnifying and holding the City harmless fTom any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the Applicant.
g) The requirement for the Applicant to procure and maintain a policy of
comprehensive general liability insurance written on a per-occurrence basis in an
amount not less than one million dollars combined single limit. The policy shall be
acceptable to the City and name the City as additionally insured and shall not
contain a cross-party exclusionary clause.
h) Provisions requiring daily sweeping of common parking lots and internal drives by a
reputable sweeping company.
i) Language assuring Project's membership in an advance notice service such as the
USA Dig Alert Service in perpetuity.
j) Provisions establishing the Applicant's responsibility to: I.) maintain all sewer
access roads in adequate condition as determined necessary by the Director of Public
Works operations and 2.) replace any enhanced pavement, sidewalk, and other non-
standard facilities or improvement removed by the City during construction and/or
maintenance of public sewer facilities within the Project. Applicant shall
acknowledge and agree that City will only be responsible for restoring the site using
standard asphaltic concrete pavement and/or concrete as detennined necessary by
the Director of Public Works Operations.
78. Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant
shaU pay fees or some other financing mechanism approved by the school district to provide for
the construction of needed elementary, middle and high schools. (Engineering)
79. Prior to approval of the Final Map, Applicant shaU establish an endowment to provide for the
Project's prorated share of the perpetual maintenance of the Poggi Canyon Channel. The
amount of such endowment shaU be equal to $40,917.00 (estimate as of 5/9/02) increased by a
factor equal to the percentage change in the San Diego Area All Consumer Price Index (AU
Items) from May 9, 2002 to the date the endowment is established. The documents establishing
the endowment shaU be subject to the approval of the City Attorney. (Engineering, City
Attorney)
OPEN SPACE/ASSESSMENTS
80. In the event Applicant requests the fonnation of a Community Facility District (CFD) for
providing a funding mechanism for the maintenance of public improvements within the Project,
the Applicant shaU make such request, and obtain City Council approval for the fonnation of
said CFD prior to the approval of the Final Map for the Project. The Applicant shall submit a
list of amenities, acreage and maintenance costs for aU public open space lots and facilities,
including, but not limited to the parkways, medians, open space lots, enhanced paving and
water quality treatment facilities. Maintenance of the improvements shaU be accomplished by
the Applicant for a minimum period of one year, or until such time as accepted into the CFD by
the Director of Public Works Operations. If Council does not approve the CFD fonnation,
some other financing mechanism, such as Business Owners Association, or an endowment shaU
be established and submitted to the City Council for consideration prior to approval of the Final
Map. AU costs of fonnation and other costs associated with the processing of the CFD for this
project shaU be paid for by the Applicant. The Applicant shaU provide aU the necessary
infonnation and materials (e.g., tables, diagrams, etc.) required by the City Engineer for
processing the fonnation of the proposed CFD. (Engineering)
81. AU Project landscaping shaU confonn to the design elements of the City's Landscape Manual.
(General Services)
82. Applicant shaU enter into a maintenance and grant of easements agreement encumbering the
entire Project as necessary for landscaping and other improvements maintained by Applicant
within City right-of-way or such other public areas as required by the City. Said public
improvements shall include, but are not limited to:
a) Westerly landscaped parkways along the westerly side of EastLake Parkway, and
fuU landscaped median improvements (including hardscape, landscaping and
irrigated improvements) on EastLake Parkway between Street B and Birch Road.
b) Northerly and southerly landscaped parkways, fuU landscaped medians (including
hardscape, landscaping and irrigated improvements), along Birch Road until such
time that the City approves a different financing mechanism for maintaining said
southerly parkways and fair share of said median improvements.
c) Landscape improvements located within the proposed BRT right-of-way until such
time that this right-of-way is ultimately conveyed to SANDAG.
d) Easterly and westerly landscaped parkways, full landscaped median (including
hardscape, landscaping and irrigated improvements) along Town Center Drive until
such time that the City approves a different financing mechanism for maintaining
said improvements.
(Engineering, General Services)
83. Prior to approval ofthe Final Map, Applicant shall establish an endowment in the amount of
$250,000 to provide for the Project's prorated share ofthe perpetual maintenance of the
permanent water quality treatment BMPs in Birch Road, Town Center Drive, and EastIake
Parkway. The documents establishing the endowment shall be subject to the approval of the
City Attorney. (Engineering, City Attorney)
84. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of sewer facilities. (Engineering)
85. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of public storm drain facilities. (Engineering)
86. Provide a blanket easement over private roadways and parking lots to the City providing
reasonable access to public sewer facilities to the satisfaction of the City Engineer.
(Engineering)
87. Grant on all applicable Final Maps, easements along all public streets within the subdivision as
shown on the Tentative Map and in accordance with City standards unless otherwise approved
by the City Engineer and the Director of Planning and Building. The City Engineer may require
either the removal or the subordination of any easement, which may unreasonably interfere
with the full and complete exercise of any required public easement or right-of-way.
(Engineering)
88. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
Final Map that proposes private access, utilities or drainage facilities crossing property lines as
directed by the City Engineer. (Engineering)
LANDSCAPE
89. Prior to issuance of each construction permit and grading permit for the Project, the Applicant
shall secure all landscape improvements associated with the improvements covered by said
permit. The security shall be in amounts as determined by the Director of General Services and
approved in form by the City Attorney. Applicant shall prepare and submit to the Director of
General Services landscape improvement plans concurrent with the second submittal of street
improvement or grading improvement plans for corresponding areas. All plans shall be
prepared in accordance with the current Chula Vista Landscape Manual and the SPA.
Applicant shall agree to and shall install all landscape improvements in accordance with the
approved plans to the satisfaction of the Director of Planning and Building and the Director of
General Services. (Planning and Building, Engineering, General Services)
90. The applicant shall install all public street trees in accordance with Section 18.28.010 of the
Chula Vista Municipal Code. All public street trees shall be planted in parkways, or as
otherwise approved by the Director of Planning and Building. Public street trees are to be
consistent with tree species described in the Freeway Commercial Design Plan, Freeway
Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the
Director of Planning and Building and Director of Public Works Operations. Prior to the
installation of any dry utilities, including but not limited to cable, telephone, gas or electric
lines, Applicant agrees to complete preliminary public street improvement plans that show the
location of all future public street trees, which will be subject to the review and approval of the
Director General Services and the Director of Planning and Building. Prior to any utility
installation, wood stakes shall be placed by the Applicant on site according to approved
preliminary public street improvement plans that depict public street trees and shall be painted a
bright color and labeled as future public street tree location. Applicant further agrees to provide
City documentation, acceptable by the Director General Services and the Director of Planning
and Building, that all utility companies have been given notice that no dry utility line shall be
located within five feet of the wood stake in any direction. Applicant will maintain public
street tree identification stakes in locations as shown on approved preliminary plans until all dry
utilities are in place. A public street tree improvement plan, including mailbox locations, shall
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 public street
improvement plans within the subdivision. Approval of the public street tree improvement
plans shall constitute final approval of the selection of public street trees for the public street
parkways. (Engineering, Planning and Building, General Services)
91. Design landscape and irrigation plans such that street tree placement is not in conflict with the
sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any
obstructions within the sight visibility of said traffic signs consistent with the Chula Vista
Design Standards and to the satisfaction of the City Engineer. (Engineering)
92. Prior to the approval of the Final Map or issuance of the first grading permit proposing to create
finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval from
the Director of General Services of a Conceptual Landscape Plan for all public streets. Such
approval shall be indicated by means of the Director's signature and date on said Plan. The
contents of the Conceptual Landscape Plan shall conform to the City staff checklist and contain
the following major components:
Landscape Concept
Planting Concept Plan
Master Irrigation Concept Plan
(General Services, Planning and Building, Engineering, Public Works)
MISCELLANEOUS
93. Applicant shall submit copies of the Final Map in a digital format. The drawing projection shall
be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the Final
Map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View
(GIS) format and shall contain the following individual layers:
Subdivision Boundary (closed polygons),
Lot Lines (closed polygons)
Street Centerlines (polygons)
Easements (polylines)
Public Street names (annotation)
Lot numbers (annotation)
(Engineering)
94. Within thirty (30) days of the City Engineer approval, the Applicant shall submit copies of all
approved grading and improvement plans associated with the project in digital format. The
drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6).
The digital files shall combine all sheets into a single CADD drawing for each set of plans, in
DXF, DWG or Arc View (GIS) format. (Engineering)
95. Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the
Conservation Coordinator for review and approval. The Plan shall demonstrate those steps the
Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24
and 8.25 and meet the State mandate to reduce or divert at least 50% of the waste generated by
all residential, commercial and industrial developments. The Applicant shall contract with the
City's franchise hauler throughout the construction and occupancy phase of the project.
(Conservation and Environmental Services)
96. Within thirty (30) days of the City Council approval of these Tentative Map conditions, or prior
to the submittal of the Final Map for the Project, whichever occurs first, the Applicant shall
submit a digital drawing file ofthe Tentative Map in its approved form. The drawing projection
shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall
combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format
and shall contain the following individual layers:
a. Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Public Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3-W' disks or CD, as an e-mail attachment to the City Engineer, or as otherwise
approved by the City Engineer. (Engineering)
FIRE
97. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention.
The Applicant shall provide the following items prior to delivery of combustible materials on
any construction site on the Project:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department
during plan check to the satisfaction of the Fire Department. Any temporary water supply
source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative
approved by the Fire Marshal and in compliance with the UF.C.).
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be
subject to the approval of the City Engineer and Fire Marshal. Locations and identification
of temporary street signs shall be subject to review and approval by the City Engineer and
Fire Marshal.
(Fire. Engineering)
98. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of
all internal streets in the Project. (Fire. Engineering)
99. Prior to issuance of the first building permit and in addition to those fire hydrants depicted on
the Tentative Map, the applicant shall install additional fire hydrants per 2001 California Fire
Code and City of Chula Vista Fire Department policies. (Fire, Engineering)
100. Construct a temporary turnaround or street improvements, upon the request of and as
determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed
streets greater than 150 feet in length (as measured from the nearest street centerline
intersection). (Engineering)
CODE REQUIREMENTS
101. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter
15.04 "Grading Ordinance" as amended. Preparation of the Final Maps and all plans shall be in
accordance with the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual. (Engineering)
102. Underground all utilities within the subdivision in accordance with Municipal Code
requirements to the satisfaction of the City Engineer. (Engineering)
103. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The Applicant shall be responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer. (Engineering)
104. Pay all required fees, including the following fees, in accordance with the City Code and
Council Policy:
The Transportation and Public Facilities Development Impact Fees;
Traffic Signal Participation Fees;
All applicable sewer fees, including but not limited to sewer connection fees; and Poggi
Canyon Gravity Sewer Basin DIF.
Pay the amount of said fees in effect when payment IS due pursuant to the Chula Vista
Municipal Code.
(Engineering. Planning and Building)
GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)!
PHASING
105. Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
(Engineering, Planning and Building)
106. Install public facilities in accordance with the Freeway Commercial Public Facilities Finance
Plan as may be amended from time to time, or as required by the City Engineer to meet
threshold standards adopted by the City of Chula Vista. The City Engineer and Director of
Planning & Building may, at their discretion, modify the sequence of improvement construction
should conditions change to warrant such a revision. (Engineering, Planning and Building)
PHASING
107. Ifthe applicant proposes to modify the Freeway Commercial SPA's approved phasing plan, the
applicant shall submit to the City a revised phasing plan for review and approval upon request
of the City Engineer prior to approval of the first Final Map. The PFFP shall be revised where
necessary to reflect the revised phasing plan. (Engineering)
108. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
Tentative Map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing
plan based upon a set of assumptions concerning the location and rate of development within
and outside of the project area. Throughout the build-out of the Freeway Commercial SPA,
actual development may differ from the assumptions contained in the PFFP. Neither the PFFP
nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to
develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City of Chula Vista
threshold standards, based on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern Freeway Commercial SPA
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future
amendment to the Growth Management Program and Ordinance adopted by the City. The City
Engineer may modify the sequence of improvement construction, should conditions change to
warrant such a revision. (Engineering)
RESOLUTION NO. PCM-04-15A
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 UPDATING
THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY
IMPROVEMENT PLAN
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 includes updates to the Public Facilities Finance Plan and Air Quality Improvement Plan
("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 of the 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 addendum; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the project
was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review
Coordinator determined that no conditions described in Section 15162 and 15163 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; and,
Attachment 6
WHEREAS, the Planning Commission having received certain evidence on October 27,
2004, as set forth in the record of its proceedings herein by reference as is set forth in full, made
ccrtain findings, as set forth in their recommending Resolution PCM-04-15A, herein, and
recommended that the City Council approve the Project based on certain terms and conditions;
and,
WHEREAS, the Planning and Building 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 advertiscd, namely 6:00 p.m.,
October 27, 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-04-15A) updating the PFFP and AQIP 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 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 SPA (PCM-0415A) in accordance with the findings contained in
the attached City Council Resolution and that a copy of this resolution be transmitted to the
owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th day of October, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Marco Cortes, Chair
ATTEST:
Diana Vargas, Secretary
Attachments
Exhibit A
Draft City Council Resolution
H:\PLANN ING\Otay _ Ranch\Frwy _ Camm _ SPA \General Growth\TM\FCml_ SP A_Amend _ PCM-04-15A PCRESO.doc
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PCM-04-15A
#- PROJECT
LOCATION
C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT Freewar Commercial SPA Plan PROJECT DESCRIPTION:
C) APPLICANT: Genera Growth Properties, Inc. MISCELLANEOUS
PROJECT Eastlake Parkway Request: Proposal for a SPAAmendment for a retail development within
ADDRESS: & Olympic Parkway the Otay Ranch Planning Area 12, Freeway Commercial site. Tentative
SCALE: FILE NUMBER: Subdivision Map and Condtional Use Permit for movie theater.
NORTH No Scale PCM-04-15A Related Cases: PCS-05-0Z, PCC-05-13 EXHIBIT A
J:\planning\carlos\locators\pcm0415a.cdr 10.05.04
RESOLUTION NO.
RESOLUTION 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)
UPDATING THE PLAN PUBLIC FACILITIES FINANCE
PLAN AND AIR QUALITY IMPROVEMENT 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 I, 2003 by City Council Resolution 2003-132 and
amended the SPA Plan by Resolution 2004-300 on September 14, 2004; and,
WHEREAS, an application for an amendment to the Planning Area 12 - Freeway
Commercial Sectional Planning Area (SPA) Plan was filed with the City ofChula Vista Planning
Department by the General Growth Properties, Inc. ("Applicant") updating the Public Facilities
Finance Plan (PFFP) and Air Quality hnprovement Plan (AQIP); and
WHEREAS, the application requests consideration of an amendment to the Sectional
Planning Area (SPA) Plan and supporting regulatory documents including Planned Community
District Regulations 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 alignment 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 (CEQA) and has
determined that the proposed project was adequately covered in previously adopted Freeway
Commercial SPA Plan Final EIR 02-04 and that there is no significant new information 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 amendment to
Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-04-l5A)
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City and its mailing to property owners within 500 feet of the
exterior boundaries of the 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 October 27, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
City Council Resolntion
Page 2 of6
Commission and the Planning Commission recommended approval of the Amendment and said
hearing was thereaftcr closed; and
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, 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 October 27, 2004 and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this 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 will not cause any impacts other than those already covered in
previously adopted Freeway Commercial SPA Plan Final EIR 02-04 and that there is no
significant new information and has, therefore, prepared an addendum to the Final EIR.
Thus, no further environmental review or documentation is necessary. The City Council
has considered and adopted the addendum to the Final EIR 02-04.
III. ACTION
The City Council hereby approves the Amendment and all supporting regulatory
documents including the Design Plan, involving approximately 132.9 acres of land
known as "Otay Ranch, Planning Area 12 Freeway Commercial" based upon findings
contained herein. The City Council finds that the Amendment 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 ofChula Vista.
City Council Resolution
Page 3 of6
V. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS
The Amendment is consistent with the Chula Vista General Plan and the Otay Ranch
General Development Plan, and the Amendment does not require any changes to the City
Council's prior determinations that the SPA Plan met all applicable requirements, for the
following reasons:
A. 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. The PFFP and
AQIP implement the General Plan and GDP policies concerning thresholds and
improvements to air quality.
B. THE SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE
ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The Planning Area 12 - Freeway Commercial SPA Plan contains provisions and
requirements to ensure the orderly, phased development of the Project. The PFFP
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 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 freeway 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
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). The AQIP implements
the GreenStar energy conservation program.
City Council Resolution
Page 4 of6
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 PFFP.
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 freeway 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 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.
City Council Resolution
Page 5 of6
VI. CONDITIONS OF APPROVAL
The City Council hereby approves the Amendment subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the Project, which the conditions of City
Council Resolution 2004-300 adopted by the City Council on September 14, 2004.
VII. 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 shan have the right to
revoke or modifY an administrative approvals herein granted, deny or further condition
issuance of an future building permits, deny, revoke or further condition an 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. In addition to the
foregoing, the City shan have the right to pursue available procedures to rescind legislative
approvals for the Project. Developer or successor in interest gains no vested rights by the
City approval ofthis Resolution.
vm. 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, inegal or unenforceable, the City Council shan retain
its sole discretion to determine how to correct any deficiencies identified by the court,
which may involve the revision of terms, provisions or conditions not otherwise affected by
the Court order.
Presented by
Approved as to form by
James Sandoval
Director of Planning and Building
Ann Moore
City Attorney
Attachments:
Exhibit A
Exhibit B
RESOLUTION NO. PCS-05-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL APPROVE A TENTATIVE
SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SPA) PLAN- GENERAL GROWTH
PROPERTIES, CHULA VISTA TRACT 05-02.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-02, and
is commonly known as "Otay Ranch Freeway Commercial Tentative Map", ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Freeway Commercial Tentative Map, Chula
Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista Planning and Building
Department on August 24, 2004 by General Growth Properties, ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of approximately
86.9 acres ofland located east ofSR-I25 and north of Birch Road within Otay Ranch Freeway
Commercial SPA into 7 commercial lots; and
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP,,) previously approved by the City Council 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's Environmental Review Coordinator has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the project
was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review
Coordinator determined that no conditions described in Section 15162 and 15163 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to 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 October 27, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
Attachment 7
Planning Commission Resolution PCS 05-02
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of "Otay Ranch
Freeway Commercial Tentativc Map, Chula Vista Tract 05-02", (PCS-05-02) is consistent with
the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch
Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity,
conveniencc, 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 "Otay Ranch Freeway
Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) in accordance with the
findings contained in the attached draft City Council Resolution; and that a copy of this
resolution be transmitted to the owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of October, 2004 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Marco Cortes, Chair
ATTEST:
Diana Vargas, Secretary
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PCM,04-15A
~~PROJECT
lOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Freewaf' Commercial SPA Plan PROJECT DESCRIPTION:
C) APPLICANT, Genera Growth Properties. Inc. MISCELLANEOUS
PROJECT Easllake Parkway Request: Proposal for a SPAAmendmenl for a retail dffilelopmenl wilhin
ADDRESS: & Olympic Parkway the Otay Ranch Planning Area 12, Freeway Commercial site. Tentative
SCALE: Subdivision Map and Candtional Use Pell1\it tor movie thealer.
FILE NUMBER:
NORTH No Scale PCM-04-15A Related Cases: PCS-05-02, PCC-05-13 EXHIBIT A
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J:\planning\cartos\locators\pcm0415a .cdr 10.05.04
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE
SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SPA) PLAN-CHULA VISTA TRACT 05-
02.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-02, and
is commonly known as Otay Ranch Freeway Commercial Tentative Map, ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Freeway Commercial Tentative Map, Chula
Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista Planning and Building
Department on July 29, 2004 by General growth Properties, ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of seven retail
commercial lots on approximately 86.9 acres ofland located west of Eastlake Parkway and south
of Olympic Parkway and north of Birch Road within Otay Ranch Freeway Commercial SPA into
7 lots; and
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP") previously approved by the City Council 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's Environmental Review Coordinator has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the project
was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review
Coordinator determined that no conditions described in Section 15162 and 15163 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay
Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the 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 October 27, 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
City Council Resolution No.
Page 2 of5
WHEREAS, a public hearing was scheduled before the City Council of the City of
Chula Vista on proposed "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract
05-02", (PCS-05-02) and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on October 27, 2004, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, and all documents identified
in Public Resources Code Section 21167.8, shall comprise the entire record of the
proceedings for any California Enviroumental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in Second-Tier
Final EIR 02-04 and addendum would have no new effects that were not examined in the
said Final EIR (Guideline 15168 (c)(2))
III. ACTION
The City Council hereby approves the resolution approving the Otay Ranch Freeway
Commercial Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) involving 86.9 acres
of land known as Otay Ranch Freeway Commercial Tentative Map in this resolution,
finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, 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. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Freeway Commercial Otay Ranch Tentative Map, Chula Vista
Tract 05-02, (PCS-05-02) as conditioned, attached as Exhibit "B" to this resolution, herein
for Applicant, is in confonnance with all the various elements of the City's General Plan,
the Otay Ranch General Development Plan and Freeway Commercial Sectional Planning
Area (SPA) Plan, based on the following:
1. Land Use
The Project is in a planned area that provides regional commercial uses authorized
by the Freeway Commercial Sectional Planning Area (SPA) Plan.
City Council Resolution No.
Pa~c 3 of 5
2. Circulation
All of the on-site and off-site public and private improvements required to serve
the subdivision are part of the project description or are conditioned consistent
with the Otay Ranch General Development Plan, and the Freeway Commercial
SPA Plan. The Applicant shall construct those facilities in accordance with City
and the Freeway Commercial SPA Plan standards.
3. Housing
The project is entirely commercial as planned in the Otay Ranch GDP and Freeway
Commercial SPA Plan and therefore has no housing component.
4. Parks. Recreation and Open Space
The project is entirely commercial as planned in the Otay Ranch GDP and Freeway
Commercial SPA Plan and therefore has no park requirement.
5. Conservation
The Program EIR and FEIR addressed the goals and policies of the Conservation
Element of the General Plan and found development of this site to be consistent
with these goals and policies. The Otay Ranch Phase Two Resource Management
Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for
every I-acre of developed land prior to approval of any Final Map.
6. Seismic Safetv
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project according to the Otay Ranch Planning Area
12 - Freeway Commercial SPA Geotechnical Reconnaissance Report.
7. Public Safetv
All public and private facilities are expected to be reachable within the threshold
response times for fire and police services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water
facilities necessary to serve this Project. The developer will also contribute to the
Otay Water District's improvement requirements to provide terminal water
storage for this Project as well as other major projects in the eastern territories.
City Council Resolution No.
Page 4 of5
9. Noise
The Project is not a sensitive receptor, however, all buildings are required to meet
the standards of the Uniform Building Code with regard to acceptable interior
noise levels.
10. Scenic Highwav
The roadway design provides wide landscaped buffers along Olympic Parkway,
the only General Plan, Otay Ranch GDP scenic highway adjacent to the Project.
II. Bicvcle Routes
The Project is required to provide on-site bicycle routes on Olympic Parkway,
EastLake Parkway and Birch Road as indicated in the regional circulation system
ofthe General Plan and the Otay Ranch GDP.
12. Public Buildings
Public buildings are not proposed or required on the Project site.
The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, revoke or further condition issuance
of all future building peTI11its issued under the authority of approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions, or conditions are determined by a
City Council Resolution No.
Page 5 of5
Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution
sha1l be deemed to be automatica1ly revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
James A. Sandoval
Director of Planning & Building
Ann Moore
City Attorney
Attachments:
Exhibit A
Exhibit B
RESOLUTION NO. PCC 05-13
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THE CITY COUNCIL
APPROVE A CONDITIONAL USE PERMIT FOR A MULTIPLEX
MOVIE THEATER LOCATED THE FREEWAY COMMERCIAL
SPA PLAN IN THE OTAY RANCH.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described as Lot 6 of Chula Vista Tract 05-02, and is commonly
known as the Freeway Commercial-Planning Area 12("Property"); and,
WHEREAS, a duly verified application (PCC 05-13) for a Conditional Use Pennit
("Project") to consider granting approval for the operation of a multiplex movie theater in the
Freeway Commercial portion of Planning Area 12 in the Otay Ranch was filed with the City of
Chula Vista Planning and Building Department on September I, 2004 by General Growth Properties,
("Applicant"); and,
WHEREAS, the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan,
Planned Community District Regulations require movie theaters to be approved by a Conditional
Use Pennit in the Freeway Commercial portion of Planning Area 12 of the Otay Ranch; and,
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area ("Freeway Commercial SPA Plan") previously approved and amended by the City
Council on September 14, 2004, wherein the City Council, in the environmental evaluation of said
Freeway Commercial SPA Plan, relied in part on the original Otay Ranch Freeway Commercial SPA
Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04") and addendum; and,
WHEREAS, the development ofthe Property will be the subject matter of a Design Review
application to be approved by the City's Design Review Committee; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has detennined
that the proposed project would result in no new impacts that were not identified in the previously
adopted Final Second-Tier Environmental Impact Report for the proposed Freeway Commercial SPA
Plan (FEIR-02-04) and addendum. Thus, no further environmental review or documentation is
necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
Attachment 8
Resolution No. PCC -05-13
Page NO.2
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION,
does hereby recommend approval of Conditional Use Permit PCC 05-13 to the City Council in
accordance with the findings and subject to the conditions and findings contained in the attached
draft City Council Resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of October, 2004 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Marco Cortez, Chair
ATTEST:
Diana Vargas, Secretary
Attachment:
Exhibit A
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J:\planning\carloslJocators\pcm0415a.cdr 10.05.04
C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT Freeway Commercial SPA Plan PROJECT DESCRIPTION:
C) APPLICANT: General Growth Properties, Inc. MISCELLANEOUS
PROJECT Eastlake Parkway Request. Proposal for a SPAAmendment for a retail development within
ADDRESS. & Olympic Parkway the Otay Ranch Planning Area 12, Freeway Commercia! site. Tentative
Subdivision Map and Condtional Use Permit for movie theater.
SCALE. FILE NUMBER:
NORTH No Scale PCM-04-15A Related Cases: PCS-05-02, PCC-05-13 EXHIBIT A
RESOLUTION NO.
RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONDITIONAL USE PERMIT FOR A
MULTIPLEX MOVIE THEATER LOCATED THE FREEWAY
COMMERCIAL PORTION OF PLANNING AREA 12 IN THE OTAY
RANCH.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described as Lot 6 of Chula Vista Tract 05-02, and is commonly
known as the Freeway Commercial-Planning Area 12("Property"); and,
WHEREAS, a duly verified application (PCC 05-13) for a Conditional Use Permit
("Project") to consider granting approval for the operation of a multiplex movie theater in the
Freeway Commercial portion of Planning Area 12 in the Otay Ranch was filed with the City of
Chula Vista Planning and Building Department on September I, 2004 by General Growth Properties,
("Applicant"); and,
WHEREAS, the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Planned
Community District Regulation permits a multiplex movie theater subject to approval by the City
Council of a Conditional Use Permit according to Chula Vista Municipal Code, Title 19, Chapter
19.58 and the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations,
Section IIL2; and,
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area ("Freeway Commercial SPA Plan") previously approved and amended by the City
Council on September 14,2004, wherein the City Council, in the environmental evaluation of said
Freeway Commercial SPA Plan, relied in part on the original Otay Ranch Freeway Commercial SPA
Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04") and addendum; and,
WHEREAS, the development ofthe Property will be the subject matter of a Design Review
application to be approved by the City's Design Review Committee; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the project was
covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator
determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines
calling for the preparation of a subsequent document have occurred; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
Page No.2
6:00 p.m. October 27,2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, does hereby
approve Conditional Use Permit PCC -05-13 in accordance with the findings and subject to the
conditions and findings contained in Sections III, N and V hereto.
I. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the FEIR 02-04
and addendum, would have no new impacts that were not examined in said FEIR [Guideline
15168 (c )(2)], and therefore, no further environmental review or documentation is necessary;
and,
II. ACTION
The City Council grants the Conditional Use Permit for the operation of a multiplex movie
theater in the Freeway Commercial SPA Plan in the Otay Ranch based upon findings
contained herein and is consistent with the City of Chula Vista General Plan, the Otay
Ranch General Development Plan, 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.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City ofChula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as herein below set
forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be
made. The City Council findings of fact are as follows:
a. That the proposed use at the particular location is necessary or desirable to provide
a service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed facility within the Freeway Commercial planning area will provide the
community a needed service for entertainment. The provision of these services in close
proximity to home and work contributes to the general well being ofthe neighborhood and
community.
b. That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity, or injurious to property or improvements in the vicinity.
Page No.3
The facility has been designed and will operate in such a way as to avoid conflicts with the
adjacent residential units and commercialloffice uses within the Town Center. Circulation
and access have been considered in placing the theater in the Town Center. Site operations
will comply with all safety regulations. The facility has been designed as part of the larger
Town Center project and will include perimeter landscaping, thus visually tying the facility
into the overall development.
c. That the proposed use will comply with the regulations and conditions specified in
this code for such land use.
The proposed use is located in a Commercial Zone within the Otay Ranch Freeway
Commercial SPA Plan. The facility complies with required development and operating
regulations including setbacks, height and parking requirements contained in the Freeway
Commercial SPA Plan Planned Community District Regulations.
d. That the granting ofthis conditional use permit will not adversely affect the general
plan of the City or the adopted plan of any governmental agency.
The proposed use is consistent with the General Plan designation of Commercial Retail. The
project is consistent with the goals and objectives of the General Plan's Land Use Element
and the goals, objectives, policies and implementation measures described for commercial
facilities in the Otay Ranch General Development Plan in that it is: compatible with the
adjacent land uses; located adjacent to a transit station; and integrated within a
comprehensive development. This use is in compliance with the Chula Vista General Plan
land use designation, the Otay Ranch General Development Plan, and the Otay Ranch
Freeway Commercial SPA Plan regulations. The granting ofthe Conditional Use Permit will
be in compliance with the provisions of the Otay Ranch Freeway Commercial SPA Plan if
the conditions identified in Section V of this Resolution are implemented.
IV. TERM OF GRANT OF PERMIT
The City Council grants the Conditional Use Permit (PCC 05-13) subject to the conditions as
set forth in Section V.
V. CONDITIONS OF APPROVAL
Prior to the issuance of a building permit, the project applicant or property owner shall
submit building plans (and/or construction drawings) for the project forreview and approval
by the Director of Planning and Building subject to the conditions set forth below:
I. The Project is subject to all conditions of approval of the City' Design Review
Committee.
Page No.4
2. This Conditional Use Permit shall become void and ineffective ifnot utilized within one
year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City in accordance with Section 19.14.270 ofthe Municipal
Code.
3. Prior to the issuance of a certificate of occupancy for the theater, all landscaping and
hardscape improvements shall be installed in accordance with the approved landscape
plan.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on any building and wall plans and shall be reviewed and approved by the
Director of Planning and Building prior to the issuance of building permits.
Additionally, the project shall conform with Sections 9.20.055 and 9.20.035 of the
C.V.M.C. regarding graffiti control.
5. Plans for features such as sprinkler systems, stand pipes and alarm systems must be
submitted and approved by the Fire Department prior to issuance of building permits.
6. Provide "2A IOBC" rated fire extinguishers (within 75 feet oftravel distance).
7. All utility connections including outdoor mechanical equipment should be included on
the site plan, and shielded with an appropriate screening device. All roof appurtenances
including, but not limited to, air conditioning units and mechanical equipment are
required to be shielded and architecturally screened from view. The mechanical
equipment proposed for the roof shall comply with the regulations of Freeway
Commercial SPA Plan, Section III.4 (screening), and shall be depicted and noted on the
building plans to be reviewed and approved by the Planning Division prior to issuance of
building permits for this development. Backflow preventors shall be no higher than 42
inches and screened from view from both on and off-site.
8. The theaters hours of operation shall be limited to 10:00 a.m. - 2:00 a.m..
9. Prior to the issuance of building permits, the applicant shall obtain a sign permit for all
proposed signage.
10. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police
Department and implement the reasonable recommendations resulting therefrom.
Specific responsible recommendations may be provided for access control, surveillance
detection, and police response.
Page No.5
11. Alcohol sales shall be prohibited.
12. This conditional use permit shall become void and ineffective ifnot utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260 of
the Municipal Code.
13. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
ftom and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this Conditional
Use Permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and c)
Applicant's installation and operation ofthe facility permitted hereby. Applicant/operator
shall acknowledge their agreement to this provision by executing a copy of this
Conditional Use Permit where indicated, below. Applicant's/operator's compliance with
this provision is an express condition of this Conditional Use Permit and this provision
shall be binding on any and all of Applicant's/operator's successors and assigns.
14. The permittee must comply with all applicable provisions of federal, state and local laws.
Procedures for enforcing conditional use permits, which are currently set forth in
Chapter 19.14.270 of the Chula Vista Municipal Code, are incorporated into this CUP.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, revoke or further condition issuance of all future building
permits issued under the authority of approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violation, all to the extent provided in Municipal Code Section 19.14.270.
VII. INVALIDITY
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every material term, provision, and condition herein stated; and that
in the event that anyone or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its
sole discretion to determine whether to revoke this resolution, and how to correct any
deficiencies identified by the Court, which may involve the revision of terms, provisions or
Page No.6
conditions not othelWise affected by the Court order.
VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole
expense ofthe property owner and/or Applicant, and a signed, stamped copy ofthis recorded
document within ten days of recordation to the City Clerk. Said document will also be on file
in the City Clerk's Office.
Signature of Property Owner
Date
Signature of Representative of
Property Owner
Date
H:\PLANNING\Otay _ Ranch\Frwy_ Comm _ SP A \General Growth\TM\FC _CUP _ CC _ Reso.doc
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Planning
&
Building
PJanning Division I
Department
Df!ve!opm~f)t Processing
OJY Of
(HUlA VISfA
Di$cI(>~urn Stat~ment
Pursuant to Council Policy 101-01, prior 10 any action ujXJn matters thaI will require d'JSCrotionary a~tion by \he Council,
Planning Commission and all other official bodies af the City, a statemenl of disclosure of certain ownership or flnancial
Interests. payments, or campaign contributians far a City of Ghula Victa election mll';t be fiJed. The following ioformafioo
musl be disdosed:
1. list the names of "lJpersons having a financiaJ Interest in the property that is the subject of the application or the
contrac~ <"g.. owner, "pplicE!n~ conlractor. subcOfItractor, material Stlppuer.
Gc-ncr:jJ Growth PrQpc-rtic$.. Inc
{h publicly tratktl i:9,!,pany on the NY S,tock t.."\c.)
>At:Millj1'L Comp-.anie:$
2. If a~y persOn' identified pursuant to (1) abQve is a corporation ar pwtneTship. list the names of ail individualS with
a $2000 investment in the b\J$ine$$ {corporation/partnership) entity.
Gc-ncrat Gn)'\\1h Propcrt-ies, Jnc~ is a pub1;dy trmI'C comp:my on jhe New York Stock Ji,..t:h3.t1<JI!
\-1-cMjlHn Companies
3. II any person' identified pursuant to (1) above is a non-profit organization or trust, list the names 01 any person
serving a$ director of the non-profit organizatioh or as trustee or be1leficiary or ttust6r of !he trust.
4. Please identify every person, including any agents, empJoyees, consuJtants, or independent contractors yeti have
assigned to represent you befoTe !he City in this matter.
John Hcr.i.t~trom DOU!!];Lo;;; McClkln:e
Kri.s longs.on G>lry Cinti
D~n'id r. Pursel Chuck Moor-c
S. Has any persan' associated with this cantract had any fmandal dealings with an offJciaI~ af the City of Chula
Vist" as it relates ta this acntract within the past 12 months_ Yes_ No..---X-
If Yes, briefly describe the nature of the financial interest the omelet" may have in this contract.
B. Have you made a contribution of more than S250 within the past twelve (12) months \0 a c:urrBnt member of 1!1e
Chula Vista City Council? No X Yes _If yes. which Council member?
27& Fourth Avenue
ChulCl V;<;t~
Califo,ni,l
91910
(619) 691-5101
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ATTACHMENT q
City OfChula Vista
Disclosure Statement - PaGe 2
. 7. Have you provided more than $340 (or an item of equivalent value) to an offlciaJ" of the CIty of Chula VISta in the
past !Wellle (12) moniJ1s? (This [ncludes being a source of income, money 10 retire a legal debt, gift, Joan, etc.)
y"" No-2L
If Yes, which official"" and what was !he nature of hem pTOllided?
Date:
~
Signature of ntractor/Applicant
Cknernl Grow'1JPropt:rtiC$. Inc.
By: JQh11 Be'1!--'>trom, Sr. VP
PJint or type name 01 Contractor/Applicant
Person i$ defined 3$: a11Y individUal, firm, co-partnersrop, joint venture, association, $Ocia.1 club, fraternal
organiZation, corporation, estate, trust, receIVer, syndicate, any other county, city, mUl'licipajity, district, or other
political subdivision, -br any o~r group or combination acting as a unit
,
..
Official includes, but is not limited 10: Mayor, Councjl member. Plarming CommJssioner, Membt'r of 11 board,
commission, orrommiiteeofthe City, employee, orstaffmMibers.
276 Fourth Avenue
Chul. Vi,!>
C3liforni<1
91910
(b19) b91-S101
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