HomeMy WebLinkAbout2009/09/15 Item 15
CITY COUNCIL
AGENDA STATEMENT
~If?- CI1YOF
~_CHULA VISTA
SEPTEMBER 15, 2009, Item /5
ITEM TITLE:
PUBLIC HEARING: Consideration ofthe Eastern Urban Center
(EUe) Sectional Planning Area (SPA) Plan PCM 06-08(A)
including the Planned Community District Regulations/Design
Plan (Form Based Code), Public Facilities Finance Plan,
Affordable Housing Program, Sustainability Element, Parks Master
Plan, and other regulatory documents on 207 acres of land in the
Eastern Urban Center of the Otay Ranch.
PUBLIC HEARING: Consideration of a Tentative Subdivision
Map PCS 09-03, implementing the EUC SPA Plan PCM 06-08,
for the Eastern Urban Center of the Otay Ranch'
RESOLUTION: Resolution of the City Council of the City of
Chula Vista adopting Sectional Planning Area (SPA) Plan
including Planed Community District Regulations/Design Plan
(Form based Code), Public Facilities Finance Plan, Affordable
Housing Program and other regulatory documents on 207 acres of
land in the Eastern Urban Center of the Otay Ranch.
RESOLUTION: Resolution of the City Council of the City of
Chula Vista approving a Tentative Subdivision Map for the Eastern
Urban Center portion of the Otay Ranch.
ORDINANCE: Ordinance of the City Council of the City of
Chula Vista approving the Sectional Planning Area (SPA) Planned
Community District (Form Based Code) Regulations for Otay
Ranch Eastern Urban Center.
SUBMITTED BY:
DEPUTY CITY MANAGERlDEVELOPMENT SERVICES
~~~~AGER ?
4/5THS VOTE: YES D NO 0
REVIEWED BY:
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SUMMARY
The applicant, McMillin Otay Ranch, LLC. filed the Eastern Urban Center (EUC) Sectional
Plan Area (SPA) PCM 06-08(A) on April 14, 2006 and the Tentative Map (pCS 09-03) on
May 12, 2009. The EUC SPA defines the land use. character and mix, design criteria,
transportation system, and public infrastructure requirements for this 207-acre site. The EUC
SPA Plan includes the Planned Community District RegulationsfDesign Plan (Form Based
Code), Public Facilities Finance Plan, Affordable Housing Program, Sustainability Element,
and Parks Master Plan.
The Tentative Map (pCS 09-03) implements the SPA Plan by providing for the subdivision of
lots and the detailed design of a circulation system and other public improvements consistent
with the SPA Plan, including sufficient right-of-way for the extension of Bus Rapid Transit
(BRT) through the EVC.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator has reviewed the Project and determined
that the Project would result in a significant impact to the environment; therefore, a
Second-Tier Environmental Impact Report (EIR-07 -01) has been prepared. Prior to this
action, the City Council will consider certification of the Final Second Tier
Environmental Impact Report (ElR 07-01) for the Otay Ranch Eastern Urban Center SPA
Plan, Tentative Map and related items. While heard concurrently, the City Council's
consideration and decision on the ElR must precede any action on the other EUC
applications.
RECOMMENDATION: That the City Council adopt the resolutions and place the
ordinance on first reading,
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission met on August 26, 2009 and voted 6-0-0-1 to recommend
approval of the SPA Plan, PC District Regulations, and Tentative Map for the Eastern
Urban Center. Strike OutlUnderline versions of the SPA Plan and Tentative Map
Conditions of Approval are attached and represent revisions to the conditions subsequent
to Planning Commission action.
DISCUSSION
In October of 1993, the City Council and San Diego County Board of Supervisors
adopted the City of Chula Vista Otay Ranch General Development Plan (GDP) and the
County Otay Subregional Plan (SRP). The GDP/SRP designated the EUC, as it does
today, as the heart or the urban center oftheOtay Ranch. The GDP, which implements
the Chula Vista General Plan, describes the EVC as, "an urban center, serving regional
commercial, financial, residential, professional, entertainment, and cultural needs. This
prime location is designated as the Eastern Urban Center to announce its role as the
heart of the eastern territories in South San Diego County. The center will be a viable
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and intense mixture of uses that will act as a magnetic downtown, drawing residents,
visitors and businesses ".
On December 13, 2005 the City Council adopted the City of Chula Vista's Comprehensive
General Plan Update, which also included amendments to the Otay Ranch General
Development Plan (GDP). No substantive amendments were proposed to the EUC land use
and development character policies. Since 1993, the EVC has been proposed as the urban
center of the Otay Ranch and the General Plan and GDP continue to reinforce those policies.
The Chula Vista General Plan and the Otay Ranch General Development Plan (GDP) provide
the vision and the direction for the planning of the EVC SPA Plan. The vision of the General
Plan for this area is that the EVC would serve as the "urban core of eastern Chula Vista and
the most intensely developed of all areas in the Otay Ranch and east Chula Vista. It is a
vibrant hub, integrating high density residential housing, low-rise and high-rise office uses,
and community and regional-serving commercial and entertainment uses...served by Bus
Rapid Transit (BRT) system with a centrally located transit station. "
The General Plan also requires that the EVC SPA address the goals and policies of the
Eastern District Framework Strategy "prior to or in conjunction with preparation and
approval of any subsequent SPA documents that may be required within the.. . Study
area". On April 11,2007 the Planning Commission recommended approval of a report,
and on May 1, 2007 the City Council accepted the report on the EUC SPA Plan
compliance with the General Plan Eastern District Framework Strategy Objectives and
Policies. Those policies are
LUT 84.1 Accommodate the coordinated development of land use Focus Areas
within the State Route 125 corridor: (1) a region-serving urban center with the
highest residential densities and an office/commercial focus; (2) a sub-regional
retail/lifestyle center; and,
LUT 94.2 Encourage the highest residential densities of the Otav Ranch Subarea
to develop in the EUC; and,
LUT 84.2 Allow for flexibility and adjustments of the designated land use/Focus
Area boundaries, and recognize ownership boundaries to: promote the intermixing
of uses that support and complement those existing in adjoining Districts and
subareas; account for changing market conditions and economic development
objectives; and foster the development of a cohesive pattern of urban development
and built form; and,
LUT 94.8 Accommodate phased development, allowing the urban land use
intensity and character of the EUC to intensifY and evolve in stages in response to
economic and other factors.
The EVC SPA Plan implements the General Plan and GDP by providing a
comprehensive urban design plan incorporating a mixture of land uses connected by a
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grid system of public streets and pedestrian paths, urban parks and plazas, outdoor dining,
public buildings, and commercial activities designed to promote a safe pedestrian
environment. The EUC site utilization plan, including the density, non-residential square
footage, height, and number of residential units, is consistent with the General Plan and
GDP as adopted and no amendments are necessitated by this SPA Plan. Street widths
have been minimized where possible and pedestrian paths have been widened to promote
pedestrian circulation. Parks are urban scaled with a higher level of improvements to
create a sense of place and to promote the uniqueness ofthe EUC. The implementation
of all of these features is tied together by the regulatory documents that will be described
herein.
Location, Existing Site Characteristics, and Ownership
The Eastern Urban Center is located adjacent to and east of SR-125, adjacent to and west
of Eastlake Parkway, south of Birch Road and the Otay Ranch Town Center, and north of
the future extension of Hunte Parkway. The site is vacant, generally comprised of rolling
terrain and is devoid of natural vegetation due to historic farming activities.
The entire EUC as shown in the Otay Ranch General Development Plan (GDP) includes
approximately 230 acres and comprises three different ownerships (see Exhibit on next
page). This SPA Plan represents the McMillin Otay Ranch, LLC. Ownership (Ownership
"A") and comprises approximately 207 acres. Although the SPA adoption is for only a
portion of the EUC, some planning issues, particularly context, community structure and
infrastructure, must consider a larger planning area. Staff will describe the SPA Plan and
contextual issues as part of the following discussion of each SPA component.
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SEPTEMBER 15, 2009, Item 15
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EUC Ownerships
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Exhibit 1
SPA Plan
As stated above, the Chula Vista General Plan and the Otay Ranch GDP provide the
vision and policy direction for the planning of the EVe. The GDP includes specific
design and character policies (part II, Chapter I, Section F,12) to be implemented at the
SPA level. Some of these relating specifically to the EVC design and land use plan are:
. Locate civic and regional purpose facilities in accordance with the siting criterian
in the Facility Implementation Plan. The amount and size will be determined at
the SPA level.
o Locate less intense land uses around the edges of the EVC and utilize landscaped
buffers of varying widths to create a transition to surrounding villages,
o Integrate commercial and residential uses to support a 24-hour environment
. Provide for neighborhood, regional and specialty shopping,
. Provide for an array of services such as financial, medical, and research-oriented
facilities in office areas,
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. Orient buildings to create a continuous facade to primary pedestrian spaces and
primary pedestrian ways.
. Emphasize an urban street scene by locating buildings at the sidewalk edge,
except where creating pedestrian-oriented spaces such as patios, plazas, malls and
squares.
. Buildings fronting on primary pedestrian spaces should contain uses that support
pedestrian activities such as dining, retail sites and entertainment, and cultural
experiences.
. The scale of prominent buildings should be generally mid-rise, up to 15 stories.
. Buildings should display qualities that are characteristic oflandmark architecture.
. Utilize streetscape amenities, such as enhanced street paving, bollards and street
furnishings, to establish identity.
. Provide a network of pedestrian spaces, plazas, malls, promenades, and squares to
create a pedestrian oriented environment. The amount of credit towards satsifying
park area requirements for these amenities shall be determined in the EUC Parks
Master Plan.
o Transit line rights-of-way and bus rapid transit stops/stations shall be
approximately located at the SPA level and will be conditioned for dedication at
the Tentative Map level within the EUC
Implementation of these and other policies of the GDP requires an integrated planning
approach that takes into consideration all of the land use planning components designed
to create a mixed use, pedestrian oriented community, that will provide the vital
economic base envisioned when the GDP was first adopted. The following discussion
will outline how the SPA Plan and the Form Based Code implement the GDP objectives.
Land Use
The structure of the Eastern Urban Center is quite complex. Land uses are built around a
grid system of streets and mixed-uses will be developed throughout the project area;
however, various areas will have different dominant land uses that will help define their
"character." Those districts are (See Exhibit 2):
Residential Districts (Districts 2. 3. 8. 9. 10): The EUC accommodates up to 2,983
dwelling units in a variety of urban residential products. While the greatest residential
densities will surround the Main Street, the EUC also incorporates a series of residential
neighborhoods organized around neighborhood parks. Residents within these
neighborhoods will have access to a full array of services, such as a supermarket,
drugstore, neighborhood shops and restaurants, and active recreation areas within
walking distance. The location of the residential districts in relationship to the Main
Street, and the ability to locate non-residential land uses within these districts, will allow
neighborhood serving goods and services to be provided in close proximity to all
residential units in the EUC.
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Business District (District 4): This district will provide a major office campus within the
South County region. The business district is perceived as a complement to other uses in
the district, bringing expanded employment opportunities to the community, energizing
the Main Street, introducing a significant daytime population, and providing riders for
area transit. To promote internal capture, a system of internal vehicular and pedestrian
connections (linking plazas and public spaces) will be required to link development
parcels, which may vary in size to accommodate different sized businesses. Shared
parking will be required to maximize parking-efficiency.
Main Street District (District 6) : This district will be the most active and urban
component of the project, a mixed-use, pedestrian environment that combines office and
residential uses over ground floor retail. Entertainment is an important component of
Main Street, including retail shops, restaurants, bars and cafes, generating activity day
and night. Public spaces accommodating community events, street fairs, and farmer
markets will further make this the "place to be.".
Mixed-Use Civic/Office Core (District 5): The GDP envisions the EUC as the civic core
of the Otay Ranch. This district functions as the symbolic and ceremonial focus of
community government and culture. Cultural activities such as a public library, museum,
multipurpose venue and/or a concert hall will attract broad community interest, augment
the public life of Chula Vista, and enliven the EUC. Larger parcels may be appropriate to
accommodate major uses.
Gateway Mixed-Use Districts (District 7): These districts will serve as the portals that
serve as a transition from surrounding areas into the core of the EUC, including landmark
buildings announcing that the EUC is a special place. The Eastern Gateway District will
provide a retail transition from the Otay Town Center commercial north of the EUC,
while the Eastern Gateway District will announce arrival with landmark architecture.
Development statistics for the EUC are shown on the Exhibit 2, on next page (Site
Utilization Plan).
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SEPTEMBER 15,2009, Item 16
-
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Site Utilization Plan
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SEPTEMBER 15, 2009, Item 15
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Residential Density and Non-Residential Intensitv Ranges (See Table with Exhibit 2)
Within each district there is a range of permitted residential units and non-residential
square footage. The SPA Plan provides guidance for future development at the
subdivision and improvement plan level, and is the basic reference for determining
permitted land uses, densities, total units, and required public facilities. Even though the
SPA Plan contains specific guidance for development, it is not to be used to predetermine
the development solution for each and every district or neighborhood. It is intended to
reflect the city's intent for determining the intensity, design and desired character of use
for the property.
The plan is also intended to respond to changing market conditions. Specifically, density
transfers (residential units or non-residential floor area) between. districts or
neighborhoods will vary as design progresses. The Site Utilization Plan provides Low,
High, and Target densities within each district. While the target amount is the anticipated
density at the time of SPA adoption, any value between the low and high amounts is
consistent with the SPA Plan. Despite this flexibility, it will be the city's obligation to
ensure that consistency with the EUC SPA Plan and District Regulations. Depending on
the type of transfer there are specific findings that will need to be made (see pages IV-II
through IV-14 of the PC District Regulations for a detailed explanation of those findings
and the process.
Approval of a project at intensities that vary from the target intensities indicated on the
Site Utilization Plan may result in a reallocation of "unused intensity" to the target
amounts of other EUC SPA areas. However, any such reallocation must maintain the
target amounts within the "maximum, not to exceed, totals" indicated on the Site
Utilization Plan. Any such reallocation of intensity due to a Design Review approval
shall be completed concurrently as an administrative action. The ongoing administrative
monitoring of development intensities, subsequent to SPA Plan adoption, is an integral
component of the implementation process detailed in the FBC (See Page V-I of the PC
District Regulations).
Transportation
The EUC Transportation Plan provides equally for pedestrians, automobiles, transit, and
bicycles. The grid system of streets and sidewalks provide pedestrians with unparalled
access to park and recreation facilities, civic plazas, business, and employment areas.
Off-street trails for pedestrians and bicyclists will connect to the regional and community
trail system as well as the local EUC trails and public facilities, including parks and
plazas. A jogging path will be provided in the three business districts to provide
pedestrian linkage within these districts and to serve as a recreational amenity (Exhibit 3,
on next page).
Regional access is provided by I-80S via Olympic Parkway and SR-125 at the western
boundary of the EUC. At SR-125 there is an off- ramp at Birch Road on the north end of
the EUC and a future off-ramp at Hunte Parkway at the south end of the EUC. The Otay
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SEPTEMBER 15, 2009, Item~
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Ranch GDP provides for and the EVC SPA Plan implements the eventual expansion of
the regional transit system, extending the Bus Rapid Transit (BRT) system from the Otay
Ranch Town Center through the EVC. That route will continue south, eventually
providing transit access from/to the international border
The internal road circulation system provides multiple points of ingress and egress into
and out of the EVC. These streets are designed as narrow as possible to enhance the
pedestrian experience while being safe enough to provide for the safe passage of
automobiles, transit, and bicyclists. Most of the internal streets are two traveled lanes in
width while the widest street (Street "A") is adjacent to the Business District to provide
for the anticipated traffic generated by the future employment of that area. Street "A"
also provides for community connections to the Otay Ranch Town Center to the north
and the future Village 9 to the south.
Pedestrian Corridors
Widths & Connections
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SEPTEMBER 15, 2009, Item~
Page 11 of 20
Parks, Recreation, Open Space and Trails
A fundamental concept of the EVC is to create a dynamic, urban environment unlike
other areas in eastern Chula Vista and the Otay Ranch. To do this the project proposes
increased residential density, the largest employment area in eastern Chula Vista and an
interconnected system of streets and pedestrian routes. To complement this plan, an
urban park system is proposed that proposes four urban parks, a town square park, a civic
park, a system of pedestrian facilities, including office plazas and an interconnecting
jogging path. The EVC will provide 12.88 acres of public/private parks, 2.75 acres of
jogging paths and office plazas, and in-lieu fees for on-site and off-site park
improvements. Please refer to the Parks Master Plan (Part of Attachment 5, SPA Plan
Binder). The Parks Agreement provides more detailed information on the parks program,
and is presented in a separate report accompanying this document package.
Public Facilities
The SPA Plan describes the public facility needs associated with the EVC land use plan.
More specifically, the SPA Plan addresses the following facility needs: potable water,
recycled water, sewer service, storm water drainage, roads, schools, child care facilities,
police and fire service, library services, community purpose facilities (CPF), civic
facilities, and regional facilities. Please refer to the SPA Plan, pages VII I to VII-25 for
more details.
. Schools: The EVC will generate approximately 624 elementary students at full
build-out. The SPA Plan provides a six-acre site for an elementary school in
District 9. The Chula Vista School District has concurred that this school will
have an urban design to complement the urban design concept of the EUC. The
Chula Vista Elementary School District will determine timing of the elementary
school. There is no need for a high school site since the Sweetwater Union High
School District has approved a site for a Middle/High School adjacent to the EVC
in Village 11.
o Fire Services: The Otay Ranch GDP and the Chula Vista Fire Master Plan
identify a need for a fire station within the EUe. The SPA Plan implements both
plans by designating a site for a fire station at the southwestern corner of Street
"A" and Street "F". The station will have a two-story urban to be located close to
the street, consistent with the EUC design concept. Timing of the fire station
construction is detailed in the PFFP.
o Library Services: The Otay Ranch GDP and the Chula Vista Library Master Plan
identify a library within the EVe. The SPA Plan identifies a library site within
the Civic Core District. Development of the library is to occur within a mixed-
use structure. The proposed location, adjacent to the civic plaza, will provide the
opportunity for interaction with other uses and the promotion oflibrary sponsored
cultural events.
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SEPTEMBER 15, 2009, Item /S
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. Community Purpose Facilities (CPF): The City of Chula Vista CPF Ordinance
requires that planned communities identify 1.39 acres ofland per 1,000 residents
for community purpose facilities. This would generate the need for 10.7 acres of
CPF by the EUC development. This requirement is partially offset by previous
projects by McMillin Otay Ranch, LLC. In which they reserved excess land (9.34
acres) for CPF uses. For the EUC, the CPF requirement is 1.36 acres.
Planning Communitv District RegulationslDesign Plan (Form Based Code)
Unlike other SPA Plans, the EUC is proposing a Form Based Code (FBC) that combines
elements of the typical PC District Regulations with the typical SPA Design Plan. A
FBC is utilization in areas where it is important to develop a specific urban form. Within
other Otay Ranch communities a separate design focused document, a design plan, has
been adopted to guide community design decisions. In the EUC PC District Regulations,
the design standards and use regulations have been combined to create a Form Based
Code (FBC) that includes design regulations for specific locations as well as building and
development regulations. Throughout these regulations, the label "land use" has been
replaced by "building type" (e.g., 'land use' districts becomes 'building type' districts)
reflecting the expanded scope of these regulations. The design and character of the
building is more established by the type of building rather than the list of uses that are
permitted within it. A FBC approach to regulation is preferred when the city is
promoting mixed-use development that focuses on creating a strong public streetscape
and positive pedestrian experience.
With the FBC, the fundamental regulatory design component is the public realm, which
is the area experienced by residents and visitors as they move within the project area
along any circulation route or public space. The streetscape is the primary determinant of
the design character of the proj ect and variations in streetscapes will help define various
districts within the EUC. The design of the streets capes are not limited to the automobile,
but address design in a much broader sense referring to the design of the streets,
sidewalks, trails and other public amenities, landscape planting and character of the
adj acent building facades or structures.
In the FBC, the EUC is divided into five districts identical to those described above in the
SPA Plan. Within each district there is a character description, overall guidelines, and
standards that will guide design dealing with site planning requirements, architecture, and
landscape. Each District also contains a "Table of Requirements" that identifies the
dominant land use, number of dwelling units/non-residential square footage permitted,
building setback, minimum range and average height of buildings, and access
requirements and limitations. The term "Dominant land Use" is unique to the EUC and
unique to form based codes. All districts in the EUC permit multiple uses and most are
required to contain more than a single use. This flexibility is limited by the requirement
that each District have a dominant land use. For example, there are five residential
dominant districts; however, convenience commercial is permitted to create that urban
neighborhood character that promotes pedestrian activity rather than the need to use an
15-12
SEPTEMBER 15, 2009, Item IS
Page 130f20
automobile for everyday needs. These detailed District standards begin on page II-I of
the Form Based Code (Attachment 5, 2nd tab, PC District RegulationsfDesign Plan).
As stated above, the FBC addresses not only uses and building design, but more
importantly the public realm. In the EUC FBC the Global Regulations include public
street standards and standards for pedestrian corridors, sidewalks, and trails. The
integration of public and private design objectives is seamless and reinforces the
pedestrian as one ofthe most important planning elements ofthe EUC.
The implementation or post adoption administration of the FBC includes a number of
features that are important to note:
. Design Review: This is intended to provide sufficient detail in site planning,
architectural design, and landscape design to enable project-level design to be
reviewed with respect to compliance with the FBC and related SPA
documents. Design Review shall be as provided for in the Chula Vista
Municipal Code Chapter 19, except that the Zoning Administrator shall have
the authority for review and approval of any application that includes a non-
residential building less than 30,000 square feet, or residential uses not
exceeding 200 dwelling units. Despite that exception, the ZA shall have, at
his sole discretion, the right to refer such Design Review application to the
Design Review Board.
. Intensitv Transfers: This is an administrative process, conducted by the
Zoning Administrator to ensure that the EUC maintains the intended
maximum level of intensity. The SPA Plan provides a range of residential and
non-residential intensities. There may be instances when proposals are
submitted that result in inconsistencies with the total intensity established for
a particular district. To provide for these instances, the FBC establishes
regulations to permit and regulate these transfers of intensity. Every project,
other than those at the target intensity, shall require an intensity transfer to
ensure that the maximum intensity is achieved at full maturity. Any reduction
in intensity in any district must be met with a corresponding increase in
another district and vice-versa.
. Monitoring: Since the EUC FBC includes intensity transfers and design
flexibility, monitoring is necessary to ensure compliance with the FBC and
SPA documents, incluc1ing the provision of public facilities. The FBC
establishes a detailed monitoring program to address intensity transfers, the
provision of public facilities and community purpose facilities (CPF), and
design review.
Public Facility Finance Plan (PFFP)
The PFFP, prepared for the city by the consulting firm of Burkett and Wong, addresses
all of the public facility needs associated with the EUC. The PFFP has been prepared
under the requirements of the City of Chula Vista's Growth Management Program and
15-13
SEPTEMBER 15, 2009, Item~
Page 14 of20
Chapter 9, Growth Management of the Otay Ranch GDP. The preparation ofthe PFFP is
required in conjunction with the preparation of the SPA Plan to ensure that the
development is consistent with the goals and policies of the City's General Plan Growth
Management Program, and the Otay Ranch GDP.
The PFFP analyzes the demand for facilities based upon the project's land use and
transportation phasing plan. When specific thresholds are projected to be reached or
exceeded based upon the analysis of the development of the proj ect, the PFFP provides
recommended mitigation necessary for continued compliance with the City of Chula
Vista's Growth Management Program and Quality of Life Standards. The PFFP does not
propose a different development phasing from that proposed by the EVC SPA Plan, but
may indicate that the development should be limited or reduced until certain actions are
taken to guarantee public facilities will be available or provided to meet the Quality of
Life Standards. Subsequent changes to the SPA Plan may require an amendment to this
PFFP.
The PFFP provides an analysis of threshold requirements and a set of recommendations
for public facility needs associated with traffic, police, fire and emergency services,
schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation
yard, and other city administrative facilities.
The PFFP also includes a Fiscal Impact Analysis (FIA) of the EVC plan and phasing
program. Economics Research Associates (ERA) prepared the FIA for the city. The
EVC fiscal analysis has been prepared using the Fiscal Impact Framework created by
ERA to provide a consistent evaluation of all of the Chula Vista SPAs. The Framework
utilizes the City of Chula Vista budget to identify and allocate variable revenues and
costs that grow proportionally with incremental development and sets up a consistent
method to calculate revenue and cost impacts that may change according to the specific
development program. Such variables include property taxes, vehicle license fees, sales
tax receipts, and transient occupancy tax receipts.
Based on the FIA and the assumptions contained therein, annual fiscal impacts are
positive from Year I. In the first year there is a net fiscal revenue of $300,000 and this
grows to an annual net fiscal revenue of $5 million by Build Out, Year 22. Fiscal
revenues are initially supported primarily by transient occupancy tax due to the
assumption of a hotel in Year I. In the first year transient occupancy tax makes up almost
80 percent of revenues. Property taxes and VLF revenues begin to outweigh the transient
occupancy tax in Year 5, but transient occupancy tax remains a key revenue until Year
10.
At Build Out, property taxes are the greatest source of revenue generated by the EVC.
Property tax and property transfer taxes make up approximately 30 percent of revenues
followed by vehicle license fees (VLF) revenues (approximately 20 percent of revenues),
and sales tax receipts (approximately 20 percent of revenues). Transient occupancy taxes
make up 18 percent of revenues.
15-14
SEPTEMBER 15, 2009, Item /5
Page 15 of20
It should be noted that revenues do not follow a completely straight linear growth path
because property transfer taxes are one-time revenue. Thus, revenue generated in the
EVC jumps the year after development comes online, but this new revenue is reduced
slightly in the second year due to a smaller share of property transfer taxes.
Please refer to the Development Agreement staff report for additional discussion of on-
going fiscal impacts.
Affordable Housin2 Pro2ram
The Chula Vista Housing Element contains objectives, policies, and action programs to
accomplish key affordable housing objectives. Key among these is the affordable
housing policy which requires that residential development with fifty (50) or more
dwelling units provide a minimum of 10% of the total dwelling units for low and
moderate income households, one-half of these units (5% of the total project) being
designated to low income and the other half (5%) to moderate income households.
Within the EVC, a total of376 affordable units, including 189 low-income units and 187
moderate-income units, will be provided. This total includes 78 units of affordable
housing that was transferred from the applicant's Village Seven project to the EVC via an
Affordable Housing Agreement adopted by the City Council on December 5, 2005.
Sustainabilitv Element
The Sustainability Element is made up of three reports, the Air Quality Improvement
Plan, Energy Conservation Plan, and Water Conservation Plan.
Air Oualitv Improvement Plan (AOIP)
The City has included a Growth Management Element (GME) in its General Plan.
One of the stated objectives of the GME is to actively plan to meet federal and
state air quality standards. This objective is incorporated into the GME's action
program. In addition, the City's Growth Management Ordinance requires that an
Air Quality Improvement Plan (AQIP) be prepared for all major development
projects (50 dwelling units or greater) as part of the SPA Plan process. The AQIP
for the proposed project must comply with the City's AQIP Guidelines.
On November 14, 2000, the City Council adopted the Carbon Dioxide (C02)
Reduction Plan, which included implementing measures regarding transportation
and energy efficient land use planning and building construction measures for new
development. In this Plan, it was recognized that the City's efforts to reduce
carbon dioxide emissions from new development are directly related to energy
conservation and air quality efforts. As a result, the City initiated a pilot study
effort to develop a program to be implemented in new SPA Plans through updating
the guidelines for preparation of required Air Quality Improvement Plans (AQIPs).
15-15
SEPTEMBER 15, 2009, Item~
Page 16 of20
The following measures were identified in the INDEX Pilot Study report and the
C02 Reduction Plan. These action measures address the energy efficiency and
emission reduction aspects of any proposed development. The indicators for the
C02 INDEX model are based on these action measures and are used to evaluate
the ability of a proposed project to meet the Chula Vista standards for air quality
improvement through the project modeling process.
LAND USE
. Compact development - Minimize sprawl.
. Density - Increase intensity ofland use.
. Land .use Diversity - Mix and variety of uses.
. Orientation toward pedestrian and bicycles.
. Orientation toward transit.
BUILDINGS & LANDSCAPING
. Energy efficient building construction - Reduce energy use by exceeding Title 24
building standards.
. Solar Use - Solar thermal applications and power generation.
. Vegetation - Uptakes air pollutants and greenhouse gases and provides shading to
reduce temperatures.
TRANSPORTATION
. Important components of Transportation Action Measures include dense street
networks, completeness of sidewalks and direct routes to activity nodes.
e Pedestrian Facilities - Circulation design and improvements for pedestrian use.
e Bicycle Facilities - System design and improvements to encourage bicycle use.
e Transit Facilities - Transit system design and improvements to circulation system.
INFRASTRUCTURE
. Water Use - Land planning that reduces water consumption.
Because the EUC land use mix and project design features, which meet the AQIP
requirements, are intrinsic to the project, the EUC performed well when judged by
this criteria. A full detailed analysis is contained in the SPA Plan. The City of Chula
Vista will continually review development plans at each stage of design and
construction approval. These reviews will assure that the proj ect is developed in a
manner consistent with the SPA Plan and which meets the AQIP requirements.
Energv Conservation Plan (ECP)
Recognizing the importance of energy conservation, the Otay Ranch General
Development Plan includes goals, objectives and policies that provide for the long-
range increase in energy
15-16
SEPTEMBER 15, 2009, Item IS
Page 17 of20
conservation and reduction of energy consumption. The General Development Plan
requires the preparation of a Non-Renewable Energy Conservation Plan to identify
feasible methods to reduce the consumption of nonrenewable energy resources,
including transportation, building design and use, lighting, recycling, alternative
energy sources and land use.
Opportunities for energy conservation in new development fall into three general
categories: 1) the arrangement and intensity of land uses; 2) mass transit and
alternative transportation modes; and, 3) building siting, design and construction.
Arguably, one of the greatest opportunities for significant conservation of energy
produced by fossil fuels is transportation related. The EUC SPA maximizes these
opportunities for conservation by implementing a land use plan which concentrates
intensity around new transit facilities, provides for regional and local transit service
into the project area and encourages alternative transportation modes such as walking,
bicycles, and electric carts.
Energy conservation features or components of the EUC include a comprehensive
approach to land use and community design, regional and local transit integration
with vertical mixed-use development, pedestrian oriented development patterns, and
building siting and construction techniques that promote energy conservation. A full
description of each technique is included in the SPA Plan.
Water Conservation Plan (WCP)
Numerous features have been incorporated in the project to mllllmlze the use of
water. The approach to water conservation outlined in this plan is intended to be
comprehensive and implemented throughout the life of the development project.
Water conservation during construction and after occupancy is addressed, as well as
the installation of water conserving landscaping, appliances and fixtures.
The purpose of this Water Conservation Plan (WCP) is to respond to the Growth
Management Policies of the City of Chula Vista that require large development
projects to prepare a WCP. The water conservation measures presented in this plan
are intended to respond to the long-term need to conserve water in new development.
The City has adopted formal guidelines for the preparation and implementation of the
required WCPs. This WCP incorporates the requirements of the adopted guidelines
by following the mandated format for WCPs and incorporating the required water
conservation measures into the Eastern Urban Center project.
The following non-mandated water conservation measures will be implemented in the
project as described in the preceding sections of this plan: hot water pipe insulation,
pressure reducing valves, water efficient dishwashers, dual flush toilets, water
efficient landscaping, and evapotranspiration irrigation controllers. A complete list of
water conservation measures and an analysis of water savings is included in the SPA
Plan.
15-17
SEPTEMBER 15, 2009, Item /5
Page 18 of20
Tentative Subdivision Map (PCS 09-03)
The EUC Tentative Map proposes the subdivision. of 167.58 acres ofland into 29 private
development parcels, six (6) urban park parcels, and one (I) parcel for a fIre station.
There will be approximately 39 acres of land devoted to streets. The EUC Tentative Map
creates large parcels that may be resubdi vided as development proj ects are submitted.
The SPA Plan and the design process described in the Form Based Code will control the
dwelling unit count within each parcel. Since each parcel may allow a mixture of uses, it
is preferable to have one document, the SPA Plan, control the allocation of those land
uses to ensure that development proceeds in an orderly manner.
The overall grading concept is to provide for one continuous pad for the proposed
development with no signifIcant grade changes except at the perimeter of the
development area. Two preliminary grading designs have been prepared, either of which
could be implemented for the proposed development. Both options are considered in the
project EIR. Option I recognizes anticipated development to the south of the applicant's
property and balances grading quantities through the export of material to provide fIll on
adjacent properties which is also planned for development within the Otay Ranch GDP as
Village Nine or the City's university site. Option 2 recognizes that the adjacent property
owner(s) may not consent to off-site grading, or other considerations that make off-site
grading feasible, and thus balances grading quantities within the proposed project.
DECISION MAKER CONFLICT
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council members and has found no
property holdings within 500 feet of the boundaries of the property that is subject to this
action.
CURRENT YEAR FISCAL IMPACT
The processing costs for the SPA Plan, Tentative Map and all supporting documents were
funded by a developer deposit account. This account funded city staff and consultants
representing the city who worked on the EUe.
Considering necessary preparatory work to ready the site for development, the
commencement of building construction is unlikely to occur within the current fIscal
year, although some work related to on site infrastructure and roadways may begin.
ONGOING FISCAL IMPACT
As note earlier in this report, a Fiscal Impact Analysis (FIA) was prepared for the EUC
SPA Plan. As presented in more detail in the FIA chapter of the SPA Plan (see
Attachment 4), and based on a set of development phasing assumptions, the EUC's fIscal
impacts are positive from year I. In that fIrst year there is net fIscal revenue of
15-18
SEPTEMBER 15, 2009, Item /5
-
Page 19 of20
approximately $300,000, and this grows to an annual fiscal revenue of approximately $5
million by project build-out in year 22. Fiscal revenues are initially supported by
transient occupancy tax (TOT) from the assumption of a hotel in year I. Property tax and
vehicle license fees (VLF) begin to outweigh TOT in Year 5, although TOT remains a
key revenue until year 10. At build-out, property taxes are the greatest source of
revenue.
Because the FIA outcomes are based on a set of land use phasing assumptions which
could change, and thereby affect whether the project is fiscally neutral or positive in any
year, Section 4.5 of the Development Agreement (see accompanying staffreport and DA
document) requires the Master Developer to cover any net fiscal deficit to the City. The
net fiscal deficit (or surplus) will be determined through an annual fiscal analysis to be
prepared by the City and funded by the Master Developer. Either party may call for an
independent third-party review of the annual fiscal analysis. Per the DA, the Master
Developer's total obligation shall not exceed $500,000, and the obligation for the studies
will end at such time as the studies identify a net fiscal surplus for two successive fiscal
years.
Please refer to the Development Agreement staff report for additional discussion of on-
going fiscal impacts
ATTACHMENTS
1. Locator Map
2. PC SPA Resolution PCM 06-08(A)
3. PC TM Resolution PCS 09-03
4. Disclosure Statement
5. Eastern Urban Center SPA Plan (Previously Distributed)
6. Eastern Urban Center Tentative Map (Previously Distributed)
Prepared by: Tony Lettieri. Project Nfanager, Development Services
J:\Pbnning\Otayranch\Eastem Urban Center SPA\2005 SPA-peM 99~07\Public Hearings-Workshops\City Council
Hearing Package 2009\City Council SPA Agenda Statement 9-15-09.doc
15-19
SEPTEMBER 15, 2009, Item~
Page 20 0[20
Attachment 1
Location/SPA Boundary
15-20
IlTT Ao-( M Evr-I.
RESOLUTION NO. PCM-06-08(A)
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHVLA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN
INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS
AND DESIGN PLAt'! (FORM BASED CODE), PUBLIC FACILITIES
FINANCE PLAN, AFFORDABLE HOUSING PROGRAtVI AND OTHER
REGULATORY DOCUMENTS ON 207 ACRES OF LAND IN THE
EASTERN URBAt'! CENTER PORTION OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to the Draft City Council Resolution, and is commonly known as the Otay
Ranch Eastern Urban Center ("Property"); and,
WHEREAS, on March 24,2004 by Resolution No. 2004-165, the City Council amended
Part II, Section E.l of the Otay Ranch General Development Plan to allow for the submittal of
Sectional Planning Area Plans on properties comprising less than the whole of a village; and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for a
portion of the Eastern Urban Center was filed with the City of Chula Vista Development Services
Department on April 14, 2006 by McMillin Otay Ranch, LLC. ("Applicant"); and,
WHEREAS, the application requests consideration of the Eastern Urban Center SPA Plan
including: Planned Community District Regulations and Village Design Plan (Form Based Code);
Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, Parks Master
P1anon 207 acres ofland in the Eastern Urban Center; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (ETR 07-01) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08A) 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.,
August 26, 2009, in the City Council Chamber, 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 Commission has determined that the approval of a Sectional Planning
Area (SP A) Plan for Otay Ranch Eastern Urban Center (PCM-06-08A) is consistent with the City of
15-21
Resolution PCM-06-08A
Page 2
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 RESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Eastern Urban Center SPA Plan
(PCM 06-08A) including: Planned Community District Regulations and Design Plan (Form Based
Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, and Parks
Master Plan; and approve an ordinance adopting the Planned Community District Regulations (Form
Based Code), all on 207 acres of land in Eastern Urban Center in accordance with the findings
contained in the attached Draft City Council Resolution and Ordinance, 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 26th day of August 2009 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Spethman, Moctezuma, Vinson, Tri pp, Fe 1 ber, Thompsoml
Clayton
\
ATTEST:
Diana Vargas, Secretary the
Planning Commission
.E., AICP
Manager/Development Services Director
J:"::':e::r':ring\.C,.'!ay.2; ,)'!\E:.:..s-:('~Tl urbon (>rH'r SP.'\.\2CUS SF~\-?Ci\:j ~r9,07"Pl,jJ:ic;
,,;'d ({' 0;Y;!1r;,;_';;';~'.,; II 2eJr?E:JC SPA i~C f'?u;c:'1,[r,Y' P,-20.()~'" do-:;
C'::;D"n?ss-.:').-
15-22
.A flAcH ME /01 -3
RESOLUTION NO. PCS-09-03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION
MAP FOR THE EASTER1~ URBAN CENTER PORTION OF
OT A Y RANCH, CHULA VISTA TRACT 09-03.
WHEREAS, the property which is the subject matter of this resolution is identified on
Exhibit "A" to the attached Draft City Council Resolution and described on Chula Vista Tract 09-
03, and is commonly known as the Eastern Urban Center Portion of the Otay Ranch ("Property");
and,
WHEREAS, McMillin Otay Ranch, LLC. ("Applicant") filed a duly verified application for
the subdivision of the Property in the form ofthe tentative subdivision map known as "Otay Ranch
Eastern Urban Center, Chula Vista Tract 09-03", ("Project"), with the Development Services
Department of the City ofChula Vista on May 12,2009; and,
WHEREAS, the application requests the approval for the subdivision of approximately 207
acres ofland known as the "Otay Ranch Eastern Urban Center" south of Birch Road and the Otay
Ranch Town Center, north of the future extension of Hunte Parkway, adjacent to and east of State
Route 125, and west of Eastlake Parkway. (APN: 643-060-18-00); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has
determined that the Project would result in a significant impact to the environment; therefore, a
Second-Tier Environmental Impact Report (EIR 07-01) has be prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
"Tentative Map, Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03", (PCS-09-03) and
notice of aid 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.
August 26, 2009, in the Council Chambers located in the Administration Building, 276 FOUrtll
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 Commission has determined that the Otay Ranch Eastern Urban Center
Tentative Subdivision Map (C.V.T. 09-03) is consistent with the City ofChula Vista General Plan,
the Otay Ranch General Development Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Eastern Urban Center Tentative Map
15-23
Resolution PCS-09-03
Page 2
involving 207 acres of land known as "Otay Ranch Eastern Urban Center" located within the Otay
Valley Parcel, east of SR 125, west of East lake Parkway, south of Birch Road, and north of the future
extension of Hunte Parkway 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
VIST A, CALIFORi"lIA, this 26th day of August 2009 by the following vote, to-wit:
AYES:
Spethman, Moctezuma, Vinson, Tripp, Felber, Thompson
NOES:
ABSENT:
Clayton
ABSTENTIONS:
ATTEST:
~~
Diana Vargas, Secreta to the
Planning Commission
con W. Vinson, Chair
Planning Commission
Presented b
A
J :\Planning\Otayranch\Eastern Urban Center SP A\2005 SP A-peM 99-07\Public Hearings- Workshops\Planning Commission Hearing
Package 2009\Hearing Documents 8-26-09IEUC TM PC Resolution 8-26-09.doc
15-24
11 tI/tCHMEJiJi tf
Disclosure Statement
Pursuan! to Council Polley 101-01, prtor to any acllon upon malters lhat will raqulra dlscrallonary acllon by the Council,
Planning Commission and all olner official bodlea ollhe Clly, a statement of die closure of oerteln ownership or financlel
Interests, payments, or campelgn eonlrlbullono for a City of Chula Vlsla election must be med. The lollowlng lnformallon
must ba dlsclosad:
I. List lha nemes of all persons having a financlallnlarest In tha proparty Ihalla tha subJact cf the application or tha
contract, e.g., owner, applicant. contraotor, Bubcontractor. material supplier.
l:b1,'! 1111 Df-"1 'f/l,,-d, l L.e
2. If any pareon' Idantllled purauant to (1) above Is e oorporetlon or partnarshlp, lIet the name. of all Individuals with
a $2000 Invaatment In Iha buelnaae (corporetlon/partnarshlp) entity.
!~;;;~~~:f,.r;;~ rr;/tS
3. II any person' Idantmad pursuant to (1) abova Is a non-prollt organization or trust, list tha names of any person
sarvlng a. dlreclor of the non-prom orgenlzatlon or as trualee or baneficlary or trustor of the trust.
v In.
.
4.
Please Identify every person, Including any agents. employees., consultants, or Independent conlractors you have
..signed to rapresenl you befora the Clly In Ihls mailer.
J.rJf;!,;:~;~1 /Ii" unrq {,yttJ'; flIA.It! fJKc! r')1(1I1111~1
6.
Has any person' assoolated with lhls conlract had any flnanclal dsal1nge~lh an offlcla'" of Ihs Clly of ChuJa
VI.la es II relaleslo this eontracl wllhln the past 12 monlhs. Ye,_ No
If Yas, brlefiy describe Ihe nalure of the flnanclallnlar~at Iha official" may have In this contrac!.
6.
Heve you mads a conlrlbu~I~~1 more than $250 wllhln II1s pest lwelve (12) month. to a current mambsr of Ihe
Chula Vista Clly Council? Nr Y~s _Ir yes, which Council msmber?
15-25
?-I';.:1
7. Have you provided more than $340 (or an Item of equlvalenl value) to on official" of the Clly of Chula Vlala In the
paat twelve ('\.2I)llOnlha? (This Include a being a aourOe of Income, money to reUra a lagal debt, glfi, loen, etc.)
Yes _ No,.x...
If Ye., Which official" and what was the nalure of lIem prcvlded?
Date: '6 It) ! a .,
for tt (tcnilll~ CalJ
I re of tr c tA~ent
I ~ .1~JA.-c. 1'1 ~dy.J"r'Infi' ~p
Print ortypa nama cf Contractor/Applicant rUI ~ rc /
"fllonms G. Rock
Peraon la deUned ea: eny Individual, firm, co-partnerahlp, Joint venlure, sasoeletlon, aoclal ioluoizJtal.l1JOJlh,,..
organization, corporation, estate, lrust, recalver, ayndlcala, any other ccunly, clly, municipality, dlatrlct, or other
political subdivision, -or any other group or oomblnatlon acting aa a unll
..
Official Includes, but Is not IImlled to: Mayor, Council member, Chule Vlste Redevelopment Corporallon member,
Planning CommIssIoner. member of a board, commlaslon, or commIttee of the City, employee, or slaff members.
September 8, 2006
15-26
n ~~
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING SECTIONAL
PLAc'JNING AREA (SPA) PLM-l INCLUDING
PLM-lNED COMMUNITY DISTRICT
REGULATIONSfDESIGN PLAN (FORM BASED
CODE), PUBLIC FACILITIES FINANCE PLAN,
AFFORDABLE HOUSING PROGRAM AND OTHER
REGULATORY DOCUMENTS ON 207 ACRES OF
LAND IN THE EASTERN URBAN CENTER PORTION
OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Eastern
Urban Center ("Property"); and
WHEREAS, on March 24, 2004, by Resolution No. 2004-165, the City Council
amended Part II, Section E.l of the Otay Ranch General Development Plan to allow for
the submittal of Sectional Planning Area Plans on properties comprising less than the
whole of a village; and
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan
for a portion of the Eastern Urban Center ("Project Site") was filed with the City of Chula
Vista Planning and Building Department on April 14, 2006, by McMillin Otay Ranch
LLC, "Applicant"); and
WHEREAS, the application requests consideration of the Eastern Urban Center
SPA Plan including: Planned Community District Regulations/Design Plan (Form Based
Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability
Element, Parks Master Plan and other regulatory documents on 207 acres of land in the
Eastern Urban Center; and
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch Eastern Urban Center Sectional Planning Area (SP A) Plan (pCM-06-08)
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. August 26, 2009, in the Council Chambers located in the Administrative Building, .
276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to adopt Planning
Commission Resolution PCM-06-08 recommending to the City Council adoption of the
Eastern Urban Center Sectional Planning Area Plan; and
15-27
WHEREAS, the City's Environmental Review Coordinator has reviewed the
proposed action to adopt the SPA Plan (pCM-06-08) and determined that adoption would
result in a significant impact to the environment, therefore, a Second Tier Environmental
Impact Report (EIR-07-01) has been prepared; and
WHEREAS, immediately prior to this action, the City Council reviewed and
certified the Second-Tier Environmental Impact Report (EIR 07 -0 I); and
WHEREAS, a duly noticed public hearing was scheduled and held before the City
Council of the City of Chula Vista to consider the adoption of this resolution adopting the
Eastern Urban Center SPA Plan, and the adoption of an ordinance to adopt the SPA's
Planned Community District RegulationslDesign Plan (Form Based Code) of the Eastern
Urban Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 26, 2009, and the minutes and resolutions
resulting therefrom, and from all prior meetings of the Planning Commission on
this issue are hereby incorporated into the record of this proceeding. These
documents, along with the proceedings and any documents submitted to the City
Council as the decision makers, shall comprise the entire record of the
proceedings pursuant to California Environmental Quality Act (CEQA) Section
21167.6 for any CEQA claims.
II. COMPLIANCE WITH CEQA
The City Council hereby fmds that the adoption of the SPA Plan (PCM 06-08)
would not have any new effects that were not examined in the certified Program
EIR prepared for the Otay Ranch General Development Plan (ErR 90-01lSCH
#89010154) and the General Plan Update EIR (EIR 05-01; SCH #2004081066)
except as described and analyzed in the Second-Tier Final EIR 07-01. (CEQA
Guidelines Section 15168(c)(2).
III. ACTION
The City Council hereby finds and determines that the Otay Ranch Eastern Urban
Center SPA Plan including: Planned Community District Regulations/Design Plan
(Form Based Code); Public Facilities Finance Plan; Affordable Housing Program;
Sustainability Element, and Parks Master Plan, on 207 acres ofland in the Eastern
Urban Center 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. Based upon this fmding and
the findings below, the City Council hereby adopts the Otay Ranch Eastern Urban
15-28
Center SPA Plan, subject to the conditions incorporated herein. By this action
and its related actions, the City Council also establishes the method of
implementation of the SPA Plan as required by Chula Vista Municipal Code
section 19.07.30.
IV. SPA PLAN FINDINGS
A. THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLAl\TNING AREA (SPA) PLAN IS IN CONFORMITY WITH THE OTAY
RANCH GENERAL DEVELOPMENT PLA.l\T AND CITY OF CHULA VISTA
GENERAL PLAi\T AND ITS SEVERAL ELEMENTS.
The Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan
reflects the urban land uses and urban land use pattern, pedestrian, transit and
automobile 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 proposed Eastern Urban Center (EUe) SPA plan would
contain both the number of residential units and the amount of non-residential
space contemplated in these plans and element. It will also contain the number or
amount of public facilities, such as recreational facilities and library space,
contemplated by those plans. Its unique design will fulfill the intent of the City's
General Plan and of the Otay Ranch General Development Plan for a high-
intensity, mixed-use, focal point for Otay Ranch. It will also feature both regional
and local transit services and promote alternative forms of transportation. It will
be conditioned to provide, by purchase, required biological mitigation. EUC is
also consistent with the goals and policies of these plans. It will provide an urban-
density community, maximize pedestrian walkability, and support transit.
B. THE PROPOSED OTAY RAi'lCH EASTERL'\T URBAi\T CENTER SPA
PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLM"NING AREA.
The Eastern Urban Center SPA Plan and Public Facilities Finance Plan contains
provisions and requirements to ensure the orderly, phased development of the
project prior to or current with the need for said public facilities. Specifically, the
EUC SPA Plan and Public Facilities Financing Plan (PFFP) provide for the
financing and construction of public facilities concurrently with or prior to need.
Part of the overall EUC project, including the SPA Plan and PFFP, is a
development agreement pursuant to which the developer will assist with the cost
of either a new fire station or the improvement of an existing nearby station. The
developer will also assist in the provision of a library to serve the area.
C. THE PROPOSED OTAY RANCH EASTERN URBAN CENTER
SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT ADVERSELY
AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
15-29
EUC is part of and consistent with the Otay Ranch General Development Plan,
which was designed to avoid adverse effects on adjacent land use, residential
enjoyment circulation or environmental quality. Furthermore, EUC is or will be
surrounded by other existing or planned urban uses, such as a shopping center and
freeway, and its land uses have been designed and located to provide compatible
development intensities adjacent to Birch Road, Eastlake Parkway and Village 11.
A comprehensive transit planning program and street network will serve the
project and provide for access to off-site adjacent properties as well as regional
circulation facilities. The SPA Plan follows existing environmental guidelines
and will avoid unacceptable off-site impacts through the provision of mitigation
measures specified in the Otay Ranch Eastern Urban Center Final Second-Tier
Environmental Impact Report (EIR 07-01), to at least the levels consistent with
those contemplated by the Otay Ranch General Development Plan. Generally,
EUC will be a showcase project for the use of environmentally sustainable design.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, Al'ID OVERALL DESIGN AND DEVELOPMENT STANDARDS
ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL
ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND,
THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STA1"1DARDS
ESTABLISHED BY THIS TITLE.
Specific industrial and research uses are not currently proposed. However, the
EUC SPA Plan includes a 25-acre business district that will allow up to 1,900,000
square feet of business uses. The SPA Plan and Form -Based Code include
location, design and development standards to ensure that all development will be
well -integrated into the mixed-use fabric of EUC. In addition, the Form-Based
Code requires design review, under standards consistent with those required,
before actual construction may occur.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
EUC is part of and consistent with the Otay Ranch General Development Plan,
which was designed to avoid these adverse effects. Furthermore, the EUC SPA
Plan includes an elementary school, a fire station site, local urban parks-and
recreational facilities, and community purpose facilities which will promote a
pleasant, mixed-use environment and extensive pedestrian activity. Parks have
been located to enhance accessibility and use, and will be improved to greater than
normal standards using in-lieu fees under the parkland dedication ordinance. A
pedestrian trail and transit route will connect to adjacent areas, allowing easy and
15-30
pleasant transportation. Design controls will ensure that the density and scale of
development on EUC's perimeter are compatible with adjacent surrounding areas.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AL'JD ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The multi-modal transportation system depicted in the SPA Plan is consistent with
the circulation system described in the City's General Plan and the Otay Ranch
General Development Plan. It also contains adequate internal circulation, at
appropriate levels of service, consistent with the policies of the General Plan and
General Development Plan. The associated PFFP assures that internal road
improvements will be constructed concurrently with or prior to need.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAL'J BE
JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND
WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
Both the City's General Plan and the Otay Ranch General Development Plan,
intend that EUC serve as a commercial hub for the region, providing business
services and generating economic activity that would provide needed commercial
services to future residents and visitors in the region. The EUC SPA Plan is
consistent with that intent. The on-site retail is anticipated to serve mostly
residents, but other commercial development can serve the broader region. One
benefit of this arrangement will be to reduce the length of trips. Regional demand
already exists for some of these services, such as a hotel.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AL'JD ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The EVC Spa Plan is consistent with the City's General Plan and the Otay Ranch
General Development Plan, both of which were designed to assure the desired
coordination and compatibility. EUC will accommodate transit facilities for the
broader region, including the immediately surrounding area; will assist with the
provision of a fIre station or station improvements to help protect the surrounding
area; will provide a pedestrian trail linking with surrounding areas; and will help
provide a library that will serve, among others, the surrounding area. Much of the
surrounding area has already been developed.
V. CONDITIONS OF APPROVAL
The conditions of approval of the Otay Ranch Eastern Urban Center SPA Plan are
on fIle in the OffIce of the City Clerk, and incorporated in this Resolution and in
the SPA Plan.
15-31
XI. 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.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are - determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager I
Development Services Director
)
15-32
EXHIBIT A
Legal Description of McMillin Property
With Map of All of EVe
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFOR.l'lIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICA nON OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAt"\!
DIEGO COUNTY, CALIFORNIA.
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15-33
Exhibit B
SPA CONDITIONS OF APPROVAL FOR OT A Y RANCH EASTERN URBAN CENTER
The adoPtion of this SPA Plan is expresslv conditioned upon the concurrent approval bv the Citv
Council of the Eastern Urban Center Development Agreement and the "Agreement Regarding
Construction of Parks in a Portion of Otav Ranch Eastern Urban Center" ("Parks Agreement").
Applicant agrees and acknowledges that the conditions of approval for this SPA Plan are reliant
upon the conditions in the Development Al?reement and the 'Parks Agreement and that the
approval of the Development Agreement and Parks Agreement is a condition precedent to the
effectiveness of the adoption of this SPA Plan. In the event the City does not approve the
Development Agreement and the Parks Agreement. the adoption of this SPA Plan shall be null
and void. and the Citv and the Applicant will meet in good faith to revise the conditions of
approval to address the absence of the Development Agreement and the Parks Agreement If the
Applicant elects to have the Citv reconsider the application for this SPA Plan in the absence of
the Develollment Agreement and the Parks Agreement a new application need not be filed. but a
new public hearing will be required. The City will have sole and absolute discretion to consider
the application at the new public hearing.
1. 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 the purpose of this document "Developer" shall have the same
meaning as "Applicant."
2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building permits, deny,
or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions
and/or seek damages for their violation.
3. Developer shall indemnify, protect, defend and hold the City its agents, officer,'; and
employees harmless from and against any and all claims, liabilities and costs, including
attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #07-
01, for the Project, the Eastern Urban Center Sectional Plan Area (SPA, PCM-06-08), and/or
any and all entitlements and appro':als issued by the City in connection with the Project. The
Developer and the Citv agree that the indemnity provisions contained in the Development
Agreement mId Parks Agreement satisfy this condition.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species
Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction
Page 1 of9
~---g-4
Standards; the Development Storm Water Manual for Development & Redevelopment
Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California
Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management
Ordinance; 'Chula Vista Landscape Manual; Chula Vista Fire Department's Po]jcies and
Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management
Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report
(Final ErR 07-01) and associated Mitigation Monitoring and Reporting Program (MMRP);
Otay Ranch Eastern Urban Center Sectional Planning Area (SPA, PCM-99-07) Plan and
supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation,
Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Water Conservation Plan (WCP); and .the Non-Renewable Energy Conservation
Plan as amended from time to time.
5. The Developer shall comply and remain in compliance with the Air Qua]jty Improvement
Plan.
6. The Developer shall implement the final WCP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with the
Water Conservation Plan.
7. Upon request of the Director of Development Services, the Developer shall submit a revised
SPA plan prior to the first final map, which addresses a reallocation of residential units from
District 9 to District 10 to reflect the relocation of the preferred school site to District 9. Said
reallocation shall be approved by the City as an administrative revision.
8. The Developer shall implement to the satisfaction of the Director of Development Services
all mitigation measures identified in Final EIR 07-01 (SCH No. 2007041074), the-Findings
of Fact and the Mitigation Monitoring and Reporting Program.
9. The Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2
Resource Management Plan (R.t\1P2), including the Preserve Conveyance Schedule, as
approved by City Council on June 4, 1996, or as amended from time to time by the City,
10. The Developer shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any ]jen holder, an easement restricting use of the land to those permitted by the
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, as required by the RMP. Where an
easement is conveyed, the Developer shall be required to provide subordination of any prior
lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Developer shall convey fee title. Where
fee title or an easement is conveyed, access to the satisfaction of the POM shall be conveyed.
Where an easement is granted, each final map is subject to a condition that fee title shall be
granted upon demand by the POM. The developer further agrees to maintain and manage the
Paoe 2 of9
15-35
offered conveyance property consistent with Phase I and 2 RMP guidelines until such time
when the POM has accepted the conveyance property.
II. Prior to approval of the first final "B" map for the Project, at the request of the City
Engineer, Developer shall take all necessary steps to include the Project area within
Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD 97-02). Land
may be included in CFD 97-02 in a manner approved by the City7
12. The Developer shall obtain any necessary permits and comply with any applicable
requirements of the California Department of Fish and Game, California State Water
Resources Control Board, u.S. Department ofFish and Wildlife and the u.S. Army Corps of
Engineers. If required, for the Salt Creek Sewer Lateral improvement, Developer shall apply
for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and
California Department of Fish and Game or comply with the approved City of Chula Vista
MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project.
13. Street cross sections shall conform to those standards contained in the Eastern Urban Center
SPA Plan. Any design criteria shall conform to the Otay Ranch Street Sections contained in
the document entitled Design Standards 2002 and the Subdivision Manual 2002 ("City
Design Standards"). Any proposed variations from the City Design Standards, which are not
addressed in the SPA Plan shall be subject to approval by the City and indicated on the
appropriate map and I or street improvement plans.
14. Development of the. subdivision shall comply with all applicable regulations established by
the United States Enviromnental Protection Agency (USEPA) as set forth in the National
Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant
to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of
Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S.
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 Developer, and successors in
interest, shall comply with all the provisions of the N.P.D.E.S. 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 comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual (Storm Water Management Standards Manual) and shall design the
Project's storm drains and other drainage facilities to include Best Management Practices
(BMP's) to minimize non-point source pollution, satisfactory to the City Engineer.
15. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply plan
Page 3 of9
IE .:-s-6
prepared by a licensed engineering firm, which has been determined to be qualified in the
sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of Chula
Vista Fire Department. The plan shall detail how and when the Applicant shall provide the
following items either prior to the issuance of building permit(s) for the Project, or prior to
delivery of combustible materials on any construction site on the Project, whichever occurs
earlier:
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 I S feet.
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 Department.
Locations and identification of temporary street signs shall be subject to review and
approval by the City Engineer and Fire Department.
16. The Developer shall develop a landscape concept, including a plant palette for the Eastern
Urban Center that is consistent with the EUC SPA Plan and is distinguishable from other
Villages to the satisfaction of the Director of Development Services.
17. Developer shall comply with the provisions of the City of Chula Vista Parks and Recreation
Master Plan and EUC Urban Parks, Recreation and Open Space Plan as adopted and as it
affects facilities and other related requirements for the Project's parks.
18. The Developer acknowledges and agrees to comply with the provisions of the City of Chula
Vista Greenbelt Master Plan (September 16,2003) as expressed in the EUC SPA Plan.
19. Developer agrees to construct and install devices, equipment and structures, at Developer's
sole expense, necessary above and/or underground utilities to accommodate the required
street trees within the pedestrian corridor as depicted in the SPA plan as determined
necessary by the City Engineer.
20. The Eastern Urban Center Project shall satisfy the requirements of the Parkland Dedication
Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance
establishes a requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neighborhood parks. Overall park obligation shall be met through the payment of fees,
dedication of land, or a combination thereof in a manner consistent with the following and in
a manner acceptable to the Director of Development Services:
a. Applicant shall dedicate parkland and develop 12.88 net useable-acres of urban parks
(Lots P-I, P-2, P-3, P-4, P-S, and P-6).
Pa,e 4 of9
---n~
b. Applicant shall provide 2.75 acres of urban recreational facilities improvements
(office plazas and jogging path/promenade) within areas 1,4, and 8.
c. Applicant shall satisfy the obligation of in lieu fees for 7.73 acres of parkland
acquisition and parkland development obligation through the reinvestment of 5.88
acres of fees into developed parkland (shall be reinvested into the previously
mentioned 15.63 acres of parkland (12.88 acres of urban parks and 2.75 acres of
urban recreational facilities)). Applicant shall also pay in lieu fees representing 1.85
acres of parkland acquisition and parkland development.
21. The Applicant may, subject to City Council approval, enter into a written agreement with the
City identifying the Applicant's parkland acreage dedication, park development
improvements and in lieu fee obligations, and the timing and method of satisfying those
obligations. If the Applicant and the City enter into such an agreement, the Applicant may
satisfy its parkland dedication, improvement and in lieu fee obligations pursuant to the terms
of that agreement.
22. Developer shall provide adequate land to accommodate a fire station and adequate land
and/or space in a building to accommodate a public librarv per the terms of the Development
Agreement.
~23. The Developer shall install Chula Vista Transit facilities, which may include but not be
limited to benches and bus shelters, in accordance with the improvement plans approved by
the City. Since transit service availability may not coincide with project development, the
Developer shall install said improvements when directed by the City. Each Developer,
separately and individually, shall enter into (an) agreement(s) with the City prior to approval
of that Developers' first final "BOO map to ensure funding of these facilities. Said transit stops
shall be designed in the manner consistent with the transit stop details and principles as
described in the SPA Plan and Village Design Plan, and as approved by the City's Transit
Coordinator and Director of Development Services.
;g.,24. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BR T)
or other transit system, the Developer shall enter into an agreement with the City which states
that the Developer will not protest the formation of any potential future regional benefit
assessment district formed to finance the EBR Tl.
:t+25. C0l13ist81-1t Prior to issuance of the l400th market-rate dwelling unit building pem1it for
the proiect. Applicant shall enter into an acreement with the Citv to provide affordable
housing units as specific in the adopted with the timing identified in the EUC Comprehensive
Affordable Housing Program (CARP), the Developer shall each eeter into an a;;reement "vitl:
the City ofChula Vista to provide affordable housin;; units as detailed in the adopted C/cHI'.
&26. If required by the City, the Developer, separately and individually, shall enter into
agreements with the City of Chula Vista, prior to approval of each Developer's first final "BOO
map within Eastem Urban Center, in order to participate, on a fair share basis, in any
Pa,e 5 of9
--rr - '"31l
deficiency plan or financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP).
2ho27. If required by the County of San Diego, the Developer shall equitably participate in any
future regiolJal impact fee program for correctional facilities should the region enact such a
fee program to assist in the construction of such facilities. The Developer shall enter into an
agreement, prior to approval of the first final map, with the City which states that the
Developer will not protest the formation of any potential future regional benefit assessment
district formed to finance correctional facilities.
;>,;1,28. A-Prior to approval of the first final map. the Applicant shall cnter into an agreement with
the City wherebv the Applicant agrees to provide funds to the Reserve Fund as required bv
the Reserve Fund Program. pursuant to the Fiscal Impact of New Development (F.I.N.D.)
Model for the Otav Ranch Proiect. for the preparation of an annual report monitoring the
development of the communitv of Otav Ranch. pursuant to the provisions of the Growth
Management Ordinance and the Otav Ranch General Development Plan (GDP).reserYc ful:d
program has been established b)' Resolution No. 18288 for the funding of the Fiscal Impact
of New Development (F.r.N.D.) Model for the Ota)' Ranch Project. The ,\pplieant shall
provide funds to the Reservc Fand as req:lired by the Reser;e F::nd Program. Pursaant t&-!fie
provisioil3 of the Gra'1Ith Managcment Ordinance and tfie Otay Ranch General Development
Plm: (GDPl, the /.pplicant shall pmiieipate in the funding of the prcpmation of on annual
report monitoring the de';clopmeDl Dftfie eommunity DfOta)' Rmleh.
~29. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with
evidence of certification by the CVESD that any fee, charge, dedication, or other
requirements levied by the school district has been complied with or that the district has
determined the fee, charge or other requirements does not apply to the construction.
:&9c30. Prior to approval of each final map for private development on Lots 26 and 27, the
Applicant shall provide evidence and proof of agreement from the Chula Vista Elementary
School District that the site has not been determined by the district to be needed for use as a
school site.
*31. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete
the following: (1) Fund its fair share of the preparation of an annual report monitoring the
development of the community of Otay Ranch. The mmmal monitoring report will analyze
the supply of, and demand for, public facilities and services governed by the threshold
standards. An annual review shall commence following the first fiscal year in which
residential occupancy occurs and is to be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353,
Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast
identifying targeted submittal dates for future discretionary applications (SPAs and tentative
maps), projected construction dates, corresponding public facility needs per the adopted
threshold standards, and identifying financing options for necessary facilities.
Pa~e 6 of9
-n~
32. The Developer shall include maintenance of a proportional share of the Poggi Canyon
channel, the Wolf Canyon open space, the water quality and detention basins (the later in
accordance with the "Maintenance Plan for Wolf Canyon", dated July 15,2004) in an open
space maintenance district formed for Eastern Urban Center unless otherwise determined bv
the Director of Develo-pment Services.
~33. The Developer shall be responsible for retaining a project manager to coordinate the
processing of Eastern Urban Center discretionary permit applications originating from the
private sector and submitted to the City of Chula Vista. The project manager shall establish a
formal submittal package required of each developer to ensure a high standard of design and
to ensure consistency with standards and policies identified in the adopted SPA Plan. The
project manager shall have a well-rounded educational background and experience, including
but not limited to land use planning and architecture.
~34. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
GDP, the Developer shall prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications (SPAs and tentative maps),
projected construction dates, corresponding public facility needs per the adopted threshold
standards, and identifying financing options for necessary facilities.
ft35. Phasing approved with the SPA Plan may be amended subject to approval by the Director
of Development Services and the City Engineer.
36. The Public Facilities Finance Plan (PFFP) for the Eastern Urban Center or revisions thereto
shall be adhered to for the Eastern Urban Center 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 Eastern Urban Center, actual development may
differ from the assumptions contained in the PFFP. The PFFP itself does not grant the
Developer an entitlement to develop as assumed in the PFFP, or limit Eastern Urban Center'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 Eastern
Urban Center development patterns and the facility improvement requirements to serve such
development. In addition, the sequence in which improvements are constructed shall
correspond to transportation phasing plan for the City of Chula Vista or 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.
*37. The Developer shall enter into supplemental agreement(s) with the City, prior to approval
of each final map for any phase or unit, whereby:
Pa"e 7 of9
15-"40
a. The Developer agree(s) that the City may withhold building permits for any units in
Eastern Urban Center in order to have the Project comply with the Growth Management
Program; or, if any one of the following occur:
(1) Regional development threshold limits set by a Chula Vista transportation-phasing
plan, as amended from time to time, have been reached.
(2) Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
(3) The project's required public facilities, as identified in the Public Facilities Finance
Plan (PFFP), or as amended or otherwise conditioned, have not been completed or
constructed in accordance with the project entitlements including the Development
Agreement to the satisfaction of the City. The Developer may propose changes in the
timing and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended after review and approval by the
City's Director of Development Services and the City Engineer. The Developer
agree(s) that the City may withhold building permits for any of the phases of
development identified in the PFFP for the Eastern Urban Center SPA if the project's
required public facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program in accordance with the Development Agreement. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and water.
b. The Developer agrees to defend, indemnify and hold harmless the City,--ilfl6 its agents,
officers and employees against frem-any etaitrr,-actions. claims or proceeding~ against the
City., its agents, officzrs or 3mployces: The Developer and the Citv agree that the
indemnitv provisions in the Development Agreement satisfv this condition.
(1) To attack, set aside, void or annul any approval by tho Cit)", induding approval by its
Plarmin; Comulission, City Councilor an)' appro,'al by its agents, officers, or
employees with regard to the approyal of the SP:\ or discretionary approyals relating
thoreto, and;
(2) ,A,s to each DeYelopers' respoctiye subscquJnt development of thcir portions of the
Project, provided th3 City promptly Rotities thz Dc':elopJr of any elaim, action or
proceeding and on the funher condition that the City fully cooperates in the defense.
:J-7.,38. The Developer shall submit electronic versions of all SPA documents, including text and
graphics, to the Development Services DepaI1ment in a format specified and acceptable to
the Director of Development Services.
Page 8 of9
10-41
Exhibit B
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTA Y RANCH
LLC. RELATED TO EASTERN URBAN CENTER SPA AFPROV AL
The Property Owner and the Developer shall execute this document by signing the lines provided
below, said execution indicating that the Property Owner and Developer have each read,
understood and agreed to the conditions contained in Resolution No. , and will implement
same to the satisfaction of the City. Upon execution, this document and a copy of Resolution
No. shall be recorded with the County Clerk of the County of San Diego, at the sole
expense of the Property Owner and/or Developer, and a signed, stamped copy returned to the
City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty
days of recordation to the City Clerk shall indicate the Property Owner/Developer's desire that
the project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval.
Signature of Property Owner
Date
Attachment(s)
Page 9 of9
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A TENTATIVE
SUBDIVISION MAP FOR THE EASTERN URBAN
CENTER PORTION OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and described on ChuIa Vista Tract 09-03, and
is commonly known as Otay Ranch Eastern Urban Center CProperty"); and,
WHEREAS, McMillin Otay Ranch, LLC ("Applicant") filed a duly verified
application for the subdivision of the Property in the form of the tentative subdivision
map known as "Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03" ("Project")
with the Planning and Building Department of the City of Chula Vista on May 12, 2009;
and,
WHEREAS, the application requests the approval for the subdivision of
approximately 207 acres of land known as the "Otay Ranch Eastern Urban Center" south
of Birch Road and the Otay Ranch Town Center, north of the future extension of Hunte
Parkway, adjacent to and east of State Route 125, and west of Eastlake Parkway. (APN:
643-060-18-00); and,
WHEREAS, the City Council set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) 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. August 26, 2009, in the Council Chambers located in the Administration Building,
276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning
Commission Resolution PCS 09-03 recommending to the City Council approval of the
Tentative Subdivision Map for the Eastern Urban Center; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
proposed action and has determined that the approval of the Otay Ranch Eastern Urban
Center Tentative Subdivision Map (C.V.T. 09-03) would result in a significant impact to
the environment; therefore, a Second Tier Environmental Impact Report (EIR 07-01) has
been prepared; and,
WHEREAS, environmental review of this proposed action relied in part on the
original Otay Ranch General Development Plan Program Environmental Impact Report
90-01, and the Otay Ranch Eastern Urban Center SPA Plan Final Second-Tier
15-43
Environmental Impact Report ("EIR 07-01") (SCH#2007041074), the CEQA Findings
and Mitigation Monitoring and Reporting Program; and,
WHEREAS, immediately prior to consideration of this action the City Council
reviewed and certified the Second-Tier Environmental Impact Report (EIR 07-01); and
WHEREAS, a public hearing was scheduled and held before the City Council of
the City of Chula Vista on the Otay Ranch Eastern Urban Center Tentative Subdivision
Map,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 26, 2009, and the minutes and resolutions
resulting therefrom, and from all prior meetings of the Planning Commission on
this issue are hereby incorporated into the record of this proceeding. These
documents, along with the proceedings and any documents submitted to the City
Council as the decision makers, shall comprise the entire record of the
proceedings pursuant to California Environmental Quality Act (CEQA) Section
21167.6 for any CEQA claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the the Otay Ranch Eastern
Urban Center Tentative Subdivision Map (C.V.T. 09-03) would not have any new
effects that were not examined in the certified Program E1R prepared for the Otay
Ranch General Development Plan (EIR 90-01/SCH #89010154) and the General
Plan Update E1R (ErR 05-01; SCH #2004081066) except as described and
analyzed in the Second-Tier Final E1R 07-01. (CEQA Guidelines Section
15168(c)(2)).
III. ACTION
The City Council hereby finds and determines that the Otay Ranch, Eastern Urban
Center Tentative Subdivision Map, Chula Vista Tract 07-01 involving 207 acres
of land known as "Otay Ranch Eastern Urban Center"("EUC Tentative Map"), as
conditioned, is consistent with the City of Chula Vista General Plan, and 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. On the basis of this and the
findings set forth below, the City Council hereby approves the Otay Ranch,
Eastern Urban Center Tentative Map, Chula Vista Tract 07-01, subject to the
15-44
Conditions of Approval for the EUC Tentative Map, which are on file in the
Office of the City Clerk.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map
Act, the City Council fmds and determines that the Otay Ranch "Eastern
Urban Center Tentative Subdivision Map (C.V.T. 09-03)," as conditioned, on
file in the Office of the City Clerk, for Otay Project L.P together with the
provisions for its design and improvement, is consistent with the City's
General Plan and all the various elements thereof and all applicable specific
plans, specifically, the Otay Ranch General Development Plan, based on the
following:
I. General
The proposed Project would contain both the number ofresidential
units and the amount of non-residential space contemplated in the
City's general plan and the Otay Ranch General Development Plan.
It will also contain the number or amount of public facilities, such
as recreational facilities and library space, contemplated by those
plans. It will be conditioned to provide, by purchase, required
biological mitigation. The Project is also consistent with the goals
and policies of these plans. It will provide an urban-density
community, maximize pedestrian walkability, and support transit.
2. Design and Improvement
The Project's road system is consistent with those in the plans,
both in layout and in linking with other communities. The Project
will accommodate a regional transit line and a regional pedestrian
trail. Proper public infrastructure, such as parks, will be provided.
Anticipated structures will create a recognizable landmark within
an urban node. The design of the structures proposed for the
Project will be required to enhance the public realm and to create a
pleasing environment while facilitating access to open spaces.
Shared parking will be used to ensure adequate parking is provided
in the most efficient manner possible.
3. Land Use
The Project is in a planned community that provides multi-family
residential uses, mixed-use development, business/offices, urban
parks, elementary school, community purpose facilities, trails and
15-45
open space and other uses authorized by the Eastern Urban Center
Sectional Planning Area (SPA) Plan.
4. 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 Eastern Urban Center SPA Plan. The
Applicant shall construct those facilities in accordance with City
and Otay Ranch Eastern Urban Center SPA Plan standards and
Public Facility Finance Plan .
5. Housing
An affordable housing agreement between the City and McMillin
Otay Ranch, LLC. (Master Developer) will be executed subsequent
to the approval of the Tentative Map and is applicable to subject
Project providing for low and moderate-income households.
6. Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under
Tentative Map conditions to provide local urban parks.
Construction of parkland and open space and programmable
recreation facilities are the responsibility of the Applicant
7. Conservation
The Program ElR 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 one-acre of developed land prior to approval of any Final
Map.
8. Seismic Safety
The proposed subdivision is in conformance with the goals and
policies of the Seismic Element of the General Plan for this site.
No seismic faults have been identified in the vicinity of the Project
according to the Otay Ranch Eastern Urban Center SPA
Geotechnical Reconnaissance Report.
15-46
9. Public Safety
All public and private facilities are expected to be reachable within
the threshold response times for fire and police services based on
the Eastern Urban Center Public Facility Finance Plan and
threshold requirement contained within the conditions of approval.
10. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers
and water facilities necessary to serve this Project. The proposed
Project will be required to provide all potable and recycled water
improvements needed to serve the Project without relying on the
phased construction of adjacent projects which are planned to
provide other improvements. The on-site sewer system has been
sized to accommodate the land uses and their locations as well as
any proposed changes that may occur due to density/intensity
transfers.
II. Bicycle Routes
The Project is provides on-site bicycle routes within the Project,
consistent with the objectives and policies of the General Plan and
the Otay Ranch GDP.
12. Public Buildings
The Project provides sites for a fire station, library, and elementary
school. There is also a 23-acre site identified as Mixed Use
Civic/Office Core District to allow space for other city and
regional facilities.
B. Pursuant to Government Code section 66474(c) and (d) of the Subdivision
Map Act, the City Council further finds and determines that, as conditioned,
the Project Site is physically suitable for the type of development proposed,
and the proposed density of development proposed based on the following:
I. Type of Development
The Project Site is a large, relatively flat site, conducive to creating an
urban center. It is or will be surrounded by other existing or planned
urban uses, such as a shopping center and freeway. Soils can
15-47
accommodate the proposed type of development. The proposed
development will not significantly harm hydrology or water quality.
Utilities can be placed as needed. Biological impacts can be mitigated.
2. Density of Development
The Project Site is a large, relatively flat site, conducive to creating an
urban center. It is or will be surrounded by other existing or planned
urban uses, such as a shopping center. Soils can accommodate the
proposed density of development. The Project will not significantly
harm hydrology or water quality. Utilities can be placed as needed.
Biological impacts can be mitigated. A freeway exists alongside the
site. The Project will accommodate transit.
C. Pursuant to Government Code section 66474(e) of the Subdivision Map
Act, the City Council further finds and determines that, as conditioned, the
design of the Project or any improvements included therein are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
An environmental impact report has been prepared for the Project
pursuant to the California Environmental Quality Act. After
mitigation, biological impacts will not be significant, and the Project
would not cause unmitigable harm to fish, wildlife, or their habitats.
There will be unmitigable impacts in several other ways, however,
including landform alteration/aesthetics, air quality, agriculture,
wastewater, transportation, noise, archeological resources, and water
supply. Nevertheless, this tentative map may be and is being approved
notwithstanding these potentially significant impacts pursuant to
Government Code section 66474.01, as the City Council is making
appropriate findings under Public Resources Code section 21081.
D. Pursuant to Government Code section 66474(f) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project and all improvements is not likely to cause serious public health
problems.
The design of the Project and all improvements will comply with the
California Building Code and all other uniform codes. The Project
will provide for installation of sprinklers where necessary as well as
fire hydrants as appropriate. The development will provide for a fire
station to serve the entire community and surrounding areas. Standard
best management practices will adequately control dust generation,
minimize soil movement, and prevent soil from entering storm drains.
According to the EIR, any potential health hazards are mitigable. The
15-48
Project Site is not in an air crash zone, and development at the
maximum permissible heights has been determined not to create a
hazard to aviation.
E. Pursuant to Government Code section 66474(g) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project and all improvements will not conflict with easements acquired by the
public at large, for access through or use of, property within the proposed
subdivision.
The easements on the Project Site were acquired for an earlier design
of the Project that is no longer being pursued. Public easements on the
Project Site will be either unaffected, replaced, or not used.
F. Pursuant to Government Code section 66473.I(a) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project provides, to the extent feasible, for future passive or natural heating
and cooling opportunities.
The Project will contain a number of features maximizing the use of
passive and natural heating and cooling. These include building
orientation and parking lot design controls intended to limit local heat,
maximize the use of vegetation, and allow breezes to pass. Generally,
the Project will be a showcase project for the use of environmentally
sustainable design.
G. Pursuant to Government Code section 66412.3, the City has considered the
effect of the proposed action on the housing needs of the region and balanced
these needs against the public service needs of its residents and available fiscal
and environmental resources.
The Project will provide up to 2,983 residential units for the region
while, according to the fiscal study prepared for the City, providing a
net fiscal benefit to the City. The Project will improve fire services by
helping to fund construction of a fire station, and will reserve space for
a library. Environmental resources such as biological resources will
not be significantly impacted, while the City is adopting overriding
findings acknowledging that it balanced these considerations with
unmitigable environmental impacts.
H. The City Council finds and determines that Government Code 966474.4 is
inapplicable because none of the conditions in subdivision (a) of that section exist.
1. The City Council finds and determines that the conditions herein imposed on
the grant of permit or other entitlement herein contained is approximately
15-49
proportional both in nature and extent to the impact created by the proposed
development.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the the tentative subdivision map for the "Otay
Ranch Eastern Urban Center, Chula Vista Tract 09-03" subject to the EUC
Tentative Map Conditions of Approval, which are on file in the Office of the City
Clerk.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this Resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
-- '\ ~t
I 'j/ i /' ,
j \ / ,/'.'
i ,/7;iLi,iVJVC-I/)
"----Bar-liMl J.g. l-.
4-lCi,tY Attorney
{
\
Gary Halbert, AICP , PE
Deputy City Manager
Development Services Director
15-50
EXHIBIT A
Le!!al Description of McMillin Property
With Map of All ofEUC
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORj',IA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAi'l
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604602, Ai'lD ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22,2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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15-51
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Exhibit "B"
Otay Ranch EVC Tentative Snbdivision Map
(PCS-09-03 )
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed or, pursuant to the Subdivision Map Act, be the subject of a
secured improvement agreement prior to or with approval of the related Final Map as determined
by the Director of Development Services and the City Engineer (b) 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 and easement
holders in order to ensure that the City has a first priority interest and rights 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.
The approval of this Tentative Subdivision Map is expresslv conditioned upon the concurrent
approval bv the Citv Council of the Eastern Urban Center Development Agreement and the
"Agreement Regarding Constmction of Parks in a POltion of Otav Ranch Eastern Urban Center"
("Parks Agreement"). Applicant agrees and acknowledges that the conditions of approval for
this Tentative Subdivision Map are reliant upon the conditions in the Development Agreement
and the Parks Agreement. and that the approval of the Development Agreement and Parks
Agreement is a condition precedent to the effectiveness of the approval of this Tentative
Subdivision Map. In the event the City does not approve the Development Agreement and the
Parks Agreement. this Tentative Subdivision Map shall be null and void. and the City and the
Applicant will meet in good faith to revise the conditions of approval to address the absence of
the Development Agreement and the Parks Agreement. If the Applicant elects to have the Citv
reconsider the application for this Tentative Subdivision Map in the absence of the Development
Agreement and the Parks Agreement. a new application need not he filed. but a new public
hearing will be required. The City will have sole and absolute discretion to consider the
application at the new public hearing. "
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the Property.
2. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple
Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and
Constmction Standards; the Development Storm Water Manual for Development &
Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State
of California Subdivision Map Act; the City of Chula Vista General Plan; the City's
15-52
D......."" 1 ,,-f''1n
Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Fire
Department's Policies and Procedures; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; and Tentative Maps (TMs) Final
Second-Tier Environmental Impact Report (Final ErR 07-01) and associated Mitigation
Monitoring and Reporting Program (MMRP); Otay Ranch Eastern Urban Center
Sectional Planning Area (SPA, PCM-99-07) Plan and supporting documents including:
Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan;
SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water
Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan.
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Applicant shall
be notified 60 days in advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies identified by the City.
4. Prior to the approval of the first "A" Map for the Project, Applicant shall prepare and
submit, to the satisfaction of, and as deemed necessary by the Director of Development
Services, an updated Sectional Planning Area (SPA) Plan, and supporting regulating
documents including, but not limited to text, exhibits, and tables for the Eastern Urban
Center SPA Plan; Form Based Code (Planned Community District Regulations and
Village Design Plan); Public Facilities Finance Plan; Affordable Housing Plan, Air
Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy
Conservation Plan; Urban Parks, Recreation, Open Space and Trails Plan; and applicable
environmental documents.
5. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to provide funds to the Reserve Fund as required
by the Reserve Fund Program, pursuant to the Fiscal Impact of New Development
(F.I.N.D.) Model for the Otay Ranch Project, for the preparation of an annual report
monitoring the development of the community of Otay Ranch, pursuant to the provisions
of the Growth Management Ordinance and the Otay Ranch General Development Plan
(GDP).
ENVIRONMENTAL
6. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to implement, to the satisfaction of the Director of
Development Serviccs and Environmental Review Coordinator, all environmental impact
mitigation measures identified in Final EIR 07-01 (SCH# 2007041074), the candidate
CEQA Findings and MMRP for this Project.
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7. Prior to approval of the fIrst [mal map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to that simultaneously with conveyance of land to
the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease
all cattle grazing on the land to be conveyed. In addition, the Applicant shall 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
carmot access the land being conveyed. In addition, Applicant shall comply with the
requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the
Director of Development Services.
8. Prior to issuance of the first grading permit or any other grant of approval for any
landform modification, Applicant shall comply with all requirements of the Eastern
Urban Center SPA Plan Agricultural Plan.
9. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to 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 agrees 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 shall convey fee title. Where fee title or an easement is
conveyed, access to the satisfaction of the POM shall also be conveyed. Where an
easement is granted, each Final Map is subject to a condition that fee title shall be granted
upon demand by the POM. The Applicant further agrees to maintain and manage the
offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such
time when the POM has accepted the conveyance property.
10. Prior to approval of the first "B" Map for the Project, at the request of the City Engineer,
Applicant shall take all necessary steps to include the Project area within Improvement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02).
11. Upon request of the Director of Development Services, Applicant shall execute a
maintenance agreement with the City for the Otay Ranch Preserve.
12. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to make a good-faith effort to coordinate
development and implementation of the Eastern Urban Center SPA Plan Area with all
other Applicants within Eastern Urban Center including phasing, grading, improvements
and dedication ofrights-of-way.
13. Prior to approval of the building pern1it for anv uses which are regulated for Toxic Air
Contaminant (TAC) emissions bv the San Diego Air Pollution Control District
(SDAPCD), the Applicant must demonstrate issuance of baildin;:; penaits for all
conunorcial and/or rotail usos, the ,^.pplicaat(s) <<ad/or business establishment o',mers
shall pro':ije "Tilton confinnation. to the satisfaction of the General Services Director,
that the use complies with established criteria (such as those established bv SDAPCD
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Rule 1200). they have complied with and obtained all applieablc air quality pemlits
subject to the San Diego ""'-ir Pollution Control District (SD/.PCD) n:les and regulations.
14. Given that restoration is occurring in the vicinity of the Salt Creek Sewer Lateral (SCSL)
Improvement Area, a minimum of seven days prior to initiation of grading or
construction for the SCSL project that affects or requires access to lands managed jointly
by the County of San Diego and the City ofChula Vista (APN 643-070-08,643-070-10,
644-080-11, and 644-080-15), the Applicant shall notify and coordinate with the County
Department of Parks and Recreation.
DESIGN
15. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to sflaH...install public facilities in accordance with
the Otay Ranch Eastern Urban Center Public Facilities Finance Plan (PFFP) as may be
ffifteflded ii.om timc to time or as required by the City Engineer to meet threshold
standards adopted by the City of Chula Vista in effect at the time of tentative map
approval. The City Engineer and Director of Development Services may at their
discretion, modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets,
Transit, Sewer, Water, Drainage, Grading)
16. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees not protest the formation of any future regional
benefit assessment district to finance the MTS San Diego Trolley, BRT System or other
transit system.
17. Prior to approval of each applicable final map, the Applicant shall dedicate to the City of
Chula Vista all rights-of-way for the BRT concurrent with the associated roadway
dedication for the respective final "BOO map consistent with the adopted Development
Agreement.
18. Prior to issuance of applicable construction permit, the Applicant shall secure the
construction of and installation of all conduits necessary to signalize each intersection
along the BRT alignment at the time each associated roadway is triggered by the PFFP.
19. Prior to issuance of any construction permits for construction of that portion of Bob
Pletcher Way located within the SR-125 right-of-way, and concurrent with that portion of
Bob Pletcher Way within the EUC, the Applicant shall obtain and provide evidence of all
bonds, in such form as may be required by the City, for said construction, as required by
the PFFP.
20. Developer shall agree, prior to the first final map for any area of the project, not to seek
any building permits until such time as all infrastructure to serve the building permits, in
accordance with the PFFP, has been constructed or sufficiently secured as determined by
the City Engineer.
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FIRE
21. Prior to recordation of the first final map, which includes the fire station site, the
Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City for a parcel
(Lot FS-l) for fire station facility purposes. The fire station parcel's net acreage and
Public Facilities Development Impact Fees (PFDIF) credit to be received by the applicant
is based on net useable fire station parcel acreage as determined by the Fire Chief and
Director Engineering. consistent with the Development Agreement.
22. Prior to issuance of any building permit for construction for the project, the Applicant
shall comply with fire station and emergency medical service requirements as outlined in
the PFFP. consistent with the Development Agreement.
23. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that the Fire Marshal shall
have the sole discretion to grant exceptions to fire related requirements based upon
adequate alternative means and materials. Such alternatives may require third party
technical review at the project permit phase.
24. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that subject to approval of
the City Council, in lieu of paying the required impact fee, the Applicant may satisfy the
fire station related requirements through a written agreement with the City by which the
applicant agrees to either pay the fee or build that facility in question, pursuant to the
terms of the agreement.
25. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that the requirement to
construct a Fire Station to the satisfaction of the Fire Chief prior to the construction of
structures as described in the PFFP in no way obligates the City to construct a Fire
Station.
26. Prior to issuance of the first building permit, the Applicant(s) shall address the
requirements pertaining to Fire Protection and Emergency Medical Services, which
include fire station facilities, fire apparatus, equipment and the like, in accordance with
the approved Public Facilities Finance Plan (PFFP).
27. Prior to issuance of each building permit, Applicant shall pay Public Facility Fees
pursuant to the approved Development Agreement. at tho rate in effect at the time
buildinf:; pormits 01'0 issued.
28. Prior issuance of building permits, upon request of the Fire Marshall, the Applicant shall
install fire hydrants to the satisfaction of the Fire Department, based on factors including
but not limited to the location of improvements such as cul-de-sacs, alleys, driveways or
when special circumstances exist in a subdivision design.
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AFFORDABLE HOUSING
29. Prior to issuance of the 1400th market-rate dwelling unit building permit for the project,
Applicant shall enter into an agreement with the City to provide affordable housing units
as specific in the adopted EUC Comprehensive Affordable Housing Program (CAHP).
SCHOOL
30. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with
evidence of certification by the CVESD that any fee, charge, dedication, or other
requirements levied by the school district has been complied with or that the district has
determined the fee, charge or other requirements does not apply to the construction.
31. Prior to approval of each final map for private development on Lots 26 and 27, the
Applicant shall provide evidence and proof of agreement from the Chula Vista
Elementary School'District that the site has not been determined by the district to be
needed for use as a school site.
32. Prior to approval of all final "B" maps, which includes a school site (S-I) for the Project,
Applicant shall:
a. Construct OOEI-or secure all necessary improvements for providing ingress and
egress to the school site. This requirement shall also include but is not limited to
any required modification to medians, storm drain system, street lights and
irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal
improvements for providing vehicular ingress and egress to the school site.
33. All or part of the obligations in Paragraphs 30, 31 and 32 above may be transferred to
another owner which acquires all or part ownership of the Project site. Should this occur,
written evidence of the new owner's assumption of the obligations shall be provided to
the City concurrent prior to or concurrent with closing of the sale of the property to the
new owner. If requested by the prior and new owner, City shall cooperate with the parties
to the sale in transferring any securities. associated with the transferred obligation
according to the City's customary procedures.
PEDESTRIAN BRIDGE
34. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the
Eastern Urban Center crossing (east - west) over Eastlake Parkway just north of Hunte
Parkway, as follows:
a. Prior to the earlier of: (I) approval of the first final "B" map covering Parcel 27,
or (2) the 1,500th final mapped unit for the EUC, the Applicant shall provide
security for and identify the funding mechanism for one-half of the cost of
construction of said pedestrian bridge; and,
b. The bridge construction shall be completed prior to the issuance of the 2,500th
residential building permit in the EUC as determined by the City Engineer,
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consistent with the requirements ofEUC SPA Plan, Public Facilities Financing
Plan (PFFP), as may amended from time to time.
35. All proposals for the installation of underground utilities and private facilities that may
encroach into existing established tree root growth zones and or tree root growth zone
drainage facilities should be avoided to the extent possible, but if implemented, the
Applicant shall, prior to issuance of construction or building permits, include, on
applicable construction documents, alternatives for installing said utilities and private
facilities in a trencWess installation method in order to protect street trees and associated
drainage facilities, to the satisfaction of the Director of Public Works.
36. Prior to issuance of grading, construction, and building permits the Applicant shall
document on applicable plans compliance with the requirements pertaining to Best
Management Practices (BMPs). The Applicant shall develop and implement post-
construction Best Management Practices (BMPs) in accordance with the most recent
regulations at the time of grading and building permit issuance. In particular, applicants
are required to comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) Municipal Permit Order No. R9-2007-0001, and the City
of Chula Vista Development Storm Water Manual dated January 2008 and any
subsequent re-issuances thereof: however. compliance with later adopted NPDES
requirements are subiect to the process set forth in the DevelOpment Agreement for
exercise of the Citv's Reserved Authoritv." ,or any re issuances d:ereof. Applicant are
required to incorporate in the project design structural' on-site design features to address
Site Design and Treatment Control Best management Practices as well as Low Impact
Development requirements. Any of said requirements may be waived if the applicant
demonstrates, to the satisfaction of the Director of Citv Engineering, that regional
facilities exist to address such requirements. All requirements of this Paragraph 36 shall
be applicable to any and all successors in interest to Applicant.
37. Prior to issuance of building or construction permits involving proposed encroachments
into the public right-of-way, the Applicant shall obtain approval of an encroachment
permit from the Zoning Administrator and City Engineer. Should the City Engineer
identify any utility conflicts resulting from the proposed encroachment permit a City
Council approved Joint Use Agreement between property owner and the City will also be
required. Permanent encroachments of private structures, features, or furniture (i.e.,
underground parking structures, awnings, balconies, storm water detention facilities, etc.)
require appropriate permits and agreements to the satisfaction of the Director of Public
Works
38. Prior to issuance of construction permits involving sleeves for future sewer, water, and
storm drain laterals, the Applicant shall document on construction plans compliance with
the requirements to install sleeves where future sewer, water, and storm drain laterals are
not initially constructed, and or will cross under another trench. Said sleeve shall be
twice the diameter of said lateral.
39. Prior to issuance of construction permits involving manholes, c1eanouts and utility
access, the Applicant shall document on construction plans compliance with the
requirements to locate all manholes, c1eanouts, and utility access covers within the
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centers of travel lanes. If this becomes infeasible, then type M-4 locking manhole cover
and frames shall be provided.
40. Prior to issuance of construction permits involving, manholes, cleanouts and utility vaults
/ values the Applicant shall document compliance with the requirements to provide a
minimum separation of 15 feet between all manholes, cleanouts, and utility vaults /
values on construction plans. In circumstances where the IS-foot minimum is infeasible,
as determined by the Director of Public Works. Each structure not meeting the 15-foot
minimum requirement shall be installed with backfill surrounding the structure consisting
of a two-sack cement fly-ash sand slurry to finish subgrade.
41. Prior to issuance of construction permits involving trench walls, the Applicant shall
address the requirement for special backfill when adjacent trench walls are within five-
feet of each other, subject to the review and approval of the City Engineer. Special
backfill may include cement-fly-ash-sand slurry from the base of the bedding to an
elevation determined to be sufficient, by the City Engineer, to provide trench stability to
excavations.
42. Prior to issuance of construction permits for underground garage and utility structures,
the Applicant shall document on applicable plans, how during construction process
Applicant will provide for and assure safe and legally accessible pedestrian access at all
times during construction of underground garage and utility structures subject to the
approval of the City Engineering.
43. Prior to issuance of construction permits involving any sidewalk improvements, the
Applicant shall obtain approval from the Director of Public Works and City Engineer for
phasing and construction standards for all proposed sidewalk improvements (temporary,
intcrim, and pcrmanent.
44. Prior to issuance of the first construction permit, the Applicant shall identify and develop,
to the satisfaction of the Director Public Works and City Engineer, standards for
replacing and repairing any existing improvement or facility that is damaged as a result of
construction of private structures, particularly those within, and immediately adjacent to
the public right-of-way.
45. Prior to issuance of any construction permit involving any construction within public
right-of-ways that involves the use or installation of tie-back systems and or
abandonment of tie-back systems the Applicant shall include on applicable construction
documents provisions for the de-tensioning or rcmoval of said systems to the satisfaction
of the Director of Public Works and City Engineer.
46. Prior to approval of the first final "A" Map, the Applicant shall provide a Public Facilities
Maintenance Plan that defines all maintenance responsibilities for the entire project. A
CFD or other funding mechanism shall be set up for the following publicly maintained
facilities and or infrastructure:
a. Street furniture (including but not limited -to: bcnchcs. trash cans. bike racks and
bollards per the SPA Plan)
b. Fut~lre street rehabilitation (first treatment)
c. Waler features
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d. Street lightsf(thematic and ornamental)traffic si.;nal(Costs above City
Standard)/pedestrian lighting
e. Storm system maintenance
f. BMP's (Outside Traveled Roadway)
g. Detention Basins
g,h,.Street trees and tree wells/medians/parkways
Jr.i. Street sweeping
H. Public Art
.i:JLParks (Per the adopted Parks Agreement)
hI. Enhanced:
i. Fences
ii. Walls
iii. Paving,
i-r.Concrete walkways/sidewalks. and
",Raised intersections(CFD needs to include incremental increase in
maintenance costs)
47. Prior to issuance of construction permits involving sewer mains, the Applicant shall
demonstrate to the satisfaction of the City Engineer, on applicable construction plans,
compliance with the requirement to install PVC water pipe or a seamless/fusible piping
for all sewer mains which have less than standard horizontal spacing from other utilities.
as shown in Chula Vista Design Standards CVD-ST07. and/or are deeper than 15 feet
below finish grade of the streeUo redGce root infiltration and I & I to the satisfaction of
the Director of Public Works afld City Engiflcer.
LIBRARY
48. Prior to the issuance of each building permit for residential dwelling units, unless stated
otherwise in a development agreement, the Applicant shall pay the Public Facilities
Development Impact Fees for library facilities at the rate in effect at the time of building
permit issuance.
49. Prior to the approval of the final map containing Lot 7, the Applicant shall deliver a site
for the public library and associated library parking lot and / or condominium air space to
accommodate a library of approximately 30,000 square feet in a manner acceptable to the
Library Director.
50. Prior to approval of the first final map the Applicant shall enter into an agreement with
the City whereby the Applicant acknowledges that, subject to approval of the City
Council, in lieu of paying the required impact fee, the Applicant may satisfy that
requirement through a written agreement by which the Applicant agrees to either pay the
fee or build the facility in question, pursuant to the terms of the agreement.
51. Any proposal for development on Lot 7 which precedes the construction of the building
housing the Citv librarv shall include on the block build-out concept plan a building and
parking sufficient for the construction of a City librarv consistent with the EVC SPA
plan. the adopted Librarv Master Plan and any Librarv Deliverv Agreement which may
be in effect at the time of proiect submittal. Prior to issuance of a building pem1it for any
lot west of Street ",^." and north of the Civic Plaza within District 'I, the applimnt shall
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obtain city approval of a library site master plan including provisions for library parking.
Should thc applicant pursuc constructiOEl of any p0l1ioEl of a building cOEltainint; the
required public library fadlity prior to the city's dcsired library cOElstruction timeframe or
prior to the requircd timcframe necessary to demonstrate compliance with the GMOC
threshold for libraries, the applicant shall at;ree to allow the city thc rigl:t to atilize and or
occupy said space in a manner to its choosing including non library purposes.
GRADING AND DRAINAGE
52. Prior to approval of each grading permit for the project, Applicant shall:
a. Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities, the channel or basin, including but not limited to naturalized
channels down stream of the project, wetlands restoration areas, detention basins,
and water quality treatment facilities. The maintenance program shall include,
but not be limited to: a) a manual describing the operation and maintenance of the
drainage and water quality treatment facilities; b) an estimate of the cost of such
operation and maintenance activities; and c) a funding mechanism and schedule
for financing the maintenance program. Said maintenance program shall be
subject to approval by the City Engineer. The Applicant shall be responsible for
obtaining all required approvals of the maintenance program from all applicable
federal and state agencies.
b. Demonstrate compliance with Section 1803 of the California Building Code
(CBC).
c. Enter into an agreement with the City of Chula Vista, wherein Applicant agrees
to:
i) Provide for the maintenance of all proposed drainage and water quality
treatment facilities attributable to the project, and provide security,
satisfactory to the City Engineer, guaranteeing the performance of the
aforementioned maintenance and siltation removal obligations. This
obligation may be transferred to another property owner if approved by
the City. Treatment facilities including but not limited to naturalized
drainage channels, wetlands restoration areas as allowed by the resource
agencies, detention basins, and water quality treatment facilities shall be
maintained by the Applicant until occurrence of the latter of the following:
(a) maintenance of such facilities is assumed by the City, open space
district or Master Homeowner's Association, or; (b) the City determines
all erosion protection plantings are adequately established.
ii) Provide for the removal of siltation, attributable to t]:e Project, from all
proposed drainage and 'sater quality treatmont facilities, including b~lt noc
limited to nat~u'alized drainage chm:nels. wetlands restoration areas;-
detention basil13, and ',Yater qaality treatment facilities until the Project is'
completed Gild all 'erosion protection planting is adequately established as
detennined by the City Engineer.
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iii) Provide for the removal of any siltation resulting from all proposed
drainage and water quality treatment facilities, including but not limited to
the naturalized drainage channel, wetlands restoration areas as allowed by
the resource agencies, detention basins, and water quality treatment
facilities, attributable to the Project, for a minimum period of five years
after maintenance of such facility is accepted by the City or an appropriate
Maintenance District.
iv) Applicant shall provide security, satisfactory to the City Engineer,
guaranteeing the performance of the aforementioned maintenance and
siltation removal obligations.
53. Prior to installation of base paving and placement of curb and gutter form work related to
approved construction plans the Applicant shall demonstrate, to the City Engineer's
satisfaction, that higWy expansive fill soils (with an expansion index over 90) are not
within the upper five feet of any public right of way or public easement. Applicant shall
selectively grade fill soils with an expansion index above 90 within the upper five feet of
any public right of way or propose an alternate method to mitigate expansive soils. Said
alternate method shall be subject to the approval of the City Engineer prior to placement
of curb and gutter, sidewalk or aggregate base. Additionally, any formational materials
within three feet of sub grade shall be tested for expansion, and replaced with soil, which
has an expansion index ofless than 90.
SEWER
54. Prior to approval of the first final "B" Map, the Applicant shall enter into an agreement
with the City to contribute its fair share and shall thereafter participate according to the
terms of such agreement in any necessary funding for implementing a Poggi Canyon
sewer trunk-monitoring program, as determined by the City Engineer. The sewer trunk-
monitoring program shall include an analysis of the remaining capacity of the Poggi
Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of
the City Engineer that sufficient capacity exists for the number of EDUs contained in all
Final Maps for the Project submitted to the City pursuant to the limits set forth in the
PFFP. The analysis shall include all flows from relating to the Project, including pumped
flows, entering the Poggi Canyon Trunk Sewer, not just from Eastern Urban Center, or
from within the Poggi Canyon gravity basin
55. Prior to approval of each final map, the Applicant shall enter into an agreement with the
City whereby the Applicant agrees and acknowledges that all development within the
Eastern Urban Center shall be consistent with the "Eastern Urban Center Technical
Sewer Study", prepared by PBS&J (January 2008). Furthermore the Applicant shall
agree that prior to design review approval and in accordance with the Intensity Transfer
provisions in the EUe SPA, the Applicant shall provide an updated Technical Sewer
Study with each proposed project requesting an intensity transfer. The Technical Sewer
Study shall demonstrate to the satisfaction of the City Engineer that adequate capacity
exists in the wastewater infrastructure to support the transfer.
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PARKS A.l'/D OPEN SPACE
56. Prior to approval of each [mal map, the Applicant shall satisfy the requirements of the
Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter
17.10. The ordinance establishes a requirement that the project provide three (3) acres of
local parks and related improvements per 1,000 residents. Local parks are comprised of
community parks and neighborhood parks. Overall park obligation shall be met as
provided for in the approved Development Agreement. through the payment of f~~s,
dedication of land, or a combination thereof il: a ma11lwr acceptable to the Director of
Development Ser.-ices and approved by the City C ounci!.
57. Prior to approval of the first final map, the Applicant shall, subject to City Council
approval, enter into a written agreement with the City identifying the Applicant's
parkland acreage dedication, park development improvements and in lieu fee obligations,
and the timing and method of satisfying those obligations. If the Applicant and the City
enter into such an agreement, the Applicant shall satisfy its parkland dedication,
improvement and in lieu fee obligations fullv pursuant to the terms of that agreement.
58. In the event that residential, hotel, motel or other development as described in CVMC
section 17.10.040 occurs within the EVC above and beyond 2,983 multi-family dwelling
units and that development results in additional parkland, park acquisition or in-lieu fee
obligations in accordance with the PLDO, Applicant, prior to approval of the final maps,
or for projects not requiring a final map, prior to building permit approval unless other
timing is provided for in a development agreement, for residential projects, shall satisfy
the additional obligations pursuant to CVMC Chapter 17.10 to the satisfaction of the
Director of Development Services.
59. Prior to appro'.-al of the final maps, or for prc>jeets not requiring a final map, prior to
b:lilding permit approval, for residential projects, the "^.pplicant(s) ::;hall dedicate parkland
and pay in lieu fees for the area covered by the final maps. /\.pplieant shall provide an
In-e'.-ocable Offcr of Dedication (IOD) to the City for park lots P I, P 2, P 'I, P 5, and P 6
to the satisfaction of the City En;incer.- The park net acreage and park parkland
Dedication Ordinance (PDO) credit to be received by the applicant is based on net
useable park acreage as determined by the Director of Recreation and City Engineer.
60.. Prior to approval of the first final map that contains the interim sewer segment (from the
diversion structure at Bob Pletcher Way to Eastlake Parkway), the Applicant shall enter
into an agreement with the City whereby the Applicant agrees to and acknowledges that
upon cessation of use of the interim sewer line segment that traverses the Civic Plaza
(Lot P-2) the Applicant shall be responsible for the abandoned and removal from services
of said interim sewer line segment. In anticipation of the eventual abandonment of said
interim sewer line, the Applicant shall post a bond to the satisfaction of the City Engineer
in an amount to secure the eventual abandonment of said sewer line.
61. Prior to the approval of the "B" Map containing the Town Square (Lot P-3), the
Applicant shall provide proof, to the satisfaction of the Director of Development
Services, that Lot P-3 will be privately owned, operated and maintained by a private
entity (Homeowners Association (HOA) or Business Owners Association (BOA)).
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62. Concurrent with the installation of underground utilities for any portion of the Project
adjacent to a park site or upon request of the Recreation Director, whichever occurs
earlier, the Applicant shall install underground utilities to the property line of each of the
Project's respective park sites (Lots P-l, P-2, P-3, P-4, P-5, and P-6) to the satisfaction of
the Director of Recreation and City Engineer.
63. Prior to the approval of the first "B" Map for the Project, Applicant shall have prepared,
submitted to and received approval from the Development Services Director of a
comprehensive Landscape Master Plan (LMP) for the Project consistent with the
requirements identified in the EUC SPA.
64. Prior to or concurrent with approval of the applicable fmal "B" Map, the Applicant shall
enter into a maintenance agreement and grant easements, which shall be subject to the
approval of the City, as necessary for landscaping and improvements maintained by a
Homeowners Association and or Business Owners Association within City right-of-way
or such other public areas required by the City.
TRAILS
65. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to construct the Regional Trail segment that
extends off-site easterly to connect with the pedestrian bridge over Eastlake Parkway to
Village 11 to the satisfaction of the Director of Development Services. When trails
extend to the property limits and are intended to continue into an adjacent property,
Applicant(s) agree(s) to coordinate alignments, trail and fencing materials and
construction methods so as to provide a seamless transition from one ownership to
another.
66. Prior to obtaining approval of improvement planes) containing the Project's greenbelt
trail, the Applicant shall prepare improvement plans that provide a minimum IS-foot
wide (lO-foot clear travel path) (concrete) treated in a decorative manner consist with the
EUC SPA Plan and subject to approval of the Director of Development Services. Where
down slopes (exceeding 4:1) occur adjacent to the trail, an additional 4-foot graded
shoulder shall be provided with split-rail fencing centered in the shoulder. Where up-
slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope)
shall be provided. Shoulders shall be planted and irrigated in accordance with the Chula
Vista Landscape Manual,. All trail construction materials shall be subject to the approval
of the City Engineer.
67. Prior to obtaining approval of improvement planes) containing any public sidewalk, trail,
or pathway segment or connection, the Applicant shall prepare construction documents,
to the satisfaction of the Director of Development Services, that identify appropriate
signage indicating location of trail connections, handicap access, and bikeway locations
to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be
included on the '.Vall and FcnccLandscape Master Plan. Signage shall be installed upon
the request of the Director of Development Services.
68. Prior to approval of first Final Map, the Applicant shall enter into an agreement with the
City whereby the Applicant agrees to comply with the current Regulatory Negotiation
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Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas
Final Report, as may be amended from time to time, developed for: U.S. Architectural
and Transportation Barriers Compliance Board when designing all trails and trail
connections.
OPEN SPACE/ASSESSMENTS
69. Prior to City acceptance of any open space lots, the Applicant shall demonstrate to the
satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels
dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
70. Prior to approval of the fIrst "B" map for the Project, in the event Applicant wishes to
request the formation of a Maintenance District or similar funding mechanism, the
Applicant shall submit an application packet for formation of a Community Facilities
District (CFD), and submit the request for CFD formation to the City Council for
consideration. The CFD may be phased, if requested by applicant, and approved by the
Development Services Director. Subject to the approval of the Director of Public Works,
Applicant shall submit a list of amenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and
structural storm water quality BMP's within the Project. Applicant shall maintain the
open space improvements for a minimum period of one year or until such time as
accepted into the open space district by the Director of Public Works, whichever is
longer. If Council does not approve the maintenance CFD formation, another fInancing
mechanism such as a Master Homeowners Association, or an endowment shall be
established and submitted to the City Council for consideration prior to approval of the
fIrst fInal "B" Map and cOl1sist~nt with the development agreement. Along with
submission of the application package for formation of the CFD, Applicant shall submit
an initial cash deposit in an amount to be determined by the City Engineer to begin the
process of formation of the Open Space District. All costs of formation and other costs
associated with the processing of the open space rclating to this Project shall be borne by
the Applicant, but reimBursable from the first bond issaan~c. The Applicant shall
provide all the necessary information and materials (e.g., tables, diagrams, etc.) required
by the City Engineer for processing the formation of the proposed open space district.)
71. Prior to the approval of the fIrst final "B" Map, the Applicant shall submit evidence,
acceptable to the City Engineer and the Director of Development Services of the
formation of a Master Homeowner's Association (MHOA), or another fInancial
mechanism acceptable to the Development Services Director. The MHOA shall be
responsible for the maintenance of those landscaping improvements that are not to be
included in the CFD.
72. Prior to the approval of any fInal map that proposes any MHOA-maintaincd facilities
within the City's right-of-way, the Applicant shall enter into a Grant of Easements and
Maintenance Agreement with the City. Applicant shall acknowledge that the MHOA's
maintenance of public open space, trails, parkways, and like areas may expose the City to
liability. Applicant agrees to establish a MHOA that will hold the City harmless from
any actions of the MHOA in the maintenance of such areas.
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CC&Rs
73. Prior to the approval of the first "B" Map for the Project, the Applicant shall submit and
obtain approval of a Maintenance Responsibility Map from the Director of Development
Services. Said Maintenance Responsibility Map shall include delineation of private and
public property.
74. Prior to the approval of each Final "B" Map, a Declaration or Supplementary Declaration
of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to
the approval of the City Engineer. The CC&R's shall include the following obligations
of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions are subject to City approval. The MHOA
shall not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indemnifY and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of
the holders of first mortgages or property owners within the MHOA.
e. The MHOA is required 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 to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
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1. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
J. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the MHOA.
I. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members however. other tranlC calming measures mav be implemented
bv the Homeowners Association subiect to approval of the City Engineer.
75.Prior to approval of each Final Map, the "'\pplicant shall znter into an agreement "1th the
City '""hereby the Applicm:t agrees to notify future property owners during escrow, by [l
document to be initialed by the owners, of the maintenance responsibilities ofth2 MHO/.
and their estimated annual cost. Applicant shall submit the docamcnt and obtain tke
approval of thz City EnginGer and Director of Development Son'ices prior to distribation
thyou!;l: 2scrow.
+fr.75. Prior to approval of each Final Map, the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to establish agreements with future
Homeowner Associations (HOAs) that require that an HOA shall be responsible for the
maintenance and operation of all facilities within the cornmon areas and streets behind
any gated entrances. The facilities to be maintained include, but are not limited to:
pavements, sidewalks, street trees, street lights including power supply, street sweeping,
private drainage facilities and landscaping of private cornmon areas.
+l-,76. Prior to approval of each Final Map, the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to notify future property owners during
escrow, by a document to be initialed by the owners, of the maintenance responsibilities
of the MHO A and their estimated annual cost. Applicant shall submit the document and
obtain the approval of the City Engineer and Director of Development Services prior to
distribution through escrow, which approval shall not be unreasonably withheld.
+8c 77. Prior to the approval of each final map the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to not protest formation or inclusion in a
maintenance district or zone for the maintenance of landscaped medians and scenic
corridors along streets within or adjacent to the subject subdivision.
WATER
Cf-9-,78. Prior to approval of each Final p,lapbuilding permit, Applicant shall present
verification to the City Engineer in the form of a letter from Otay Water District that
the subdivision will be provided adequate water service and long-term water storage
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D"'rTP 1 h nf''')()
facilities. The Applicant shall phase and install water system improvements as required
by the Otay Water District.
1W, 79. Prior to approval of the first Final Map for the Proj ect, the Applicant( s) shall
provide to the City a Subarea Master Plan (SAMP) for Eastern Urban Center for
potable and reclaimed water, as approved by Otay Water District (OWD). Applicant(s)
shall bond and construct for all on-site and off-site water facilities in accordance with
the SAMP. The SAMP shall be consistent with the SPA Plan.
EASEMENTS
&-h80. Applicant shall design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Applicant
shall be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
S2-,81. The Applicant shall notify the City at least 60 days prior to consideration by City
of the first Map for the Project which requires off-site right-of-wav. by City if any off-
site right-of-way cannot be obtained as required by the Conditions of Approval. (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 and/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 and/or
easements. Said estimate shall be subject to approval by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
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 Applicants shall pay all costs, both direct and indirect incurred in
said acquisition.
e. Comply with the applicable provisions of the development agreement pertaining
to off-site ri\!ht-of-wav acquisition.
AGREEMENTSIFINANCIAL
&h82. Applicant shall enter into a supplemental agreement with the City, prior to
approval of each Final Map for the Project, where the Applicant agrees to the
following:
a. That the City may withhold building permits for the Project in order to have the
Project comply with the Growth Management Program, or if anyone of the
following occur:
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0.........."" 1"7 r..+'1(\
i.Regional development threshold limits set by a Chula Vista transportation
phasing plan have been rcached.
1+.1. Traffic volumes, levels of service, public utilities and/or services
either exceed the existing adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance, and
Growth Management Program and any amendments therctoas tbey exist at
the time of proiect approval and subiect to the provisions of an adopted
development agreement. Public utilities shall include, but not be limited
to, air quality, drainage, sewer and water.
_11. 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 Director of Development Services and the City Engineer.
The Applicant agrees that the City may withhold building permits for any
of the phases of development identified in the Public Facilities Financing
Plan (PFFP) for Otay Ranch Eastern Urban Center SPA if the required
public facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program, have not been completed in compliance with the
development agreement. as applicable.
b. To defend, indemnify and hold hannless the City and its agents, officers and
employees, from any and all claims, 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 the Eastern Urban
Center SPA, Second Tier EIR (EIR 07-01), subsequent environmental review for
the Project, any or all entitlements and approvals issued by the City in connection
with the Project, and tentative map or final map(s) pursuant to Section 66499.37
of the State Map Act provided the City promptly notifies the Applicant of any
claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista or by
the State of California for operation within the City equal opportunity to place
conduit and provide cable television service for each lot or unit within the
Tentative 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 to those cable television companies identified above, the condition
of such grant being that:
1. Such access is coordinated with Applicant's construction schedule so that
it does not delay or impede Applicant's construction schedule and does
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P....np. 1 Q nf''')n
not require the trenches to be reopened to accommodate the placement of
such conduits; and
11. 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 or
under applicable State law.
&4c83. Prior to approval of each Final Map for the Project, the Applicant shall contract
with the City's current street sweeping franchisee, or other server approved by the
Director of Public Works to provide street sweeping for each phase of development on
a frequency and level of service comparable to that provided for similar areas of the
City. The Applicant shall cause street sweeping to commence immediately after the
final residence, in each phase, is occupied and shall continue sweeping until such time
that the City has accepted the street or 60 days after the completion of all punch list
items, whichever is shorter. The Applicant further agrees to provide the City Special
Operations Manager with a copy of the memo requesting street sweeping service,
which memo shall include a map of areas to be swept and the date the sweeping will
begin.
~The Developer shall install Chula Vista Transit facilities. which mav include but not be
limited to benches and bus shelters. in accordance with the improvement plans
approved bv the Citv. Since transit service availabilitv mav not coincide with proiect
development. the Developer shall install said improvements when directed bv the City.
Each Developer. separatelv and individuallv. shall enter into (an) agreement(s) with the
Citv prior to approval of that Developers' first final "8" map to ensure funding of these
facilities. Said transit stops shall be designed in the maimer consistent with the transit
stop details and principles as described in the SPA Plan and Village Design Plan. and as
approved bv the Citv's Transit Coordinator and Director of Development Services.Prief
to approval of tl:e applicable final Ma.p for the Pro-j ect, ,^.pplicant shall construct and
secure, or agree to con~truct and SCCL:re, the constfl:ction of tra.nsit stop facilitizs as set
forth in the PfFP. The schedule for constructing the transit stops shnll be approved or
dctcrmin~d by the City EngiReer prior to approval of the aforementioned final ;>,'[ap.
Applicant shall desibn, subject to the approval of the City Engineer said transit stops it:
conjunction v.ith the improvement plans for the related street. The City Engineer may
r~quire that ,^,pplicant provide security guaranteeing the construction of said transit
stops in a form of cash or any other form approyed by the City Engineer at his/her sole
discretion. Since transit ser,ice a';ailability may not coincide ',liith pmject
devclopm3nt, the ,^.ppliEant shall install said improvements when directed by the City.
CODE REQUIREMENTS
u-,84.
Pay the following fees at the time of issuance of building permits, in accordance
with the City Code, Council Policy, unless other timing IS specified in a aOO
Development Agreement:
a. The Transportation and Public Facilities Development Impact Fees.
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b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Pedestrian Bridge (Condition 24)
e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
f. Fees adopted after approval of the Tentative Map in accordance with the
provisions of the Subdivision Map Act.
&+.85. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map approval.
15-71
D.........,.... '1(\ ",.(:'111
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM
BASED CODE) REGULATIONS FOR OT A Y RANCH EASTERN
UREAL'! CENTER
WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit
"A" attached hereto and commonly known as Otay Ranch Eastern Urban Center ("Property"); and
WHEREAS, an application to consider anew Sectional Planning Area (SPA) Plan, including
Planned Community District Regulations !Design Plan (Form Based Code) for the Eastern Urban
Center was filed with the City ofChula Vista Development Services Department on April 14, 2006
by McMillin Otay Ranch, LLC ("Applicant"); and
WHEREAS, the Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan,
Planned Community District Regulations/Design Plan (Form Based Code)-("Project") are intended
to ensure that the Otay Ranch Eastern Urban Center SPA Plan is prepared in accordance with the
Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan
for eastern Chula Vista, to promote the orderly planning and long term phased development of the
Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Eastern Urban Center
to exist in harmony within the community; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form Based Code) are established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Eastern Urban Center SPA Land Use Plan; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form Based Code) establishes development regulations applicable to the Gateway
Mixed Use Commercial District, Neighborhood Residential Districts, Business District, Main Street
District, and the Eastern Gateway District located in the Otay Ranch Eastern Urban Center; and
WHEREAS, the Project relied in part on the original Otay Ranch General Development
Plan Program Environmental Impact Report 90-01, and the Otay Ranch Eastern Urban Center
SP A Plan Final Second-Tier Environmental Impact Report ("EIR 07-01") (SCH#200704l074),
the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and
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WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Sectional Planning Area (SP A) Plan (PCM-06-08) 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.
August 26, 2009 in the Council Chambers located in the Administration Building, 276 Fourth
Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning Commission Resolution
PCM-06-08 recommending to the City Council approval of the Planned Community District
regulations (Form Based Code); and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City
of Chula Vista on the Otay Ranch Eastern Urban Center SPA Plan and adopting the ordinance to
approve the SPA Planned Community District Regulations for Otay Ranch Eastern Urban Center.
NOW, THEREFORE, THE CITY COUNCIL ofthe City ofChula Vista does hereby order
and ordain as follows;
1. PLANNING COM1\1ISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 26, 2009 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-Tier
Final EIR 07-01, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2))
III. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Eastern Urban Center SPA
Planned Community District Regulations (Form Based Code), fmding that they are consistent
with the City ofChula Vista General Plan, the Otay Ranch General Development Plan and all
other applicable Plans, and that the public necessity, convenience, general welfare and good
planning and zoning practice support their approval and implementation.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
15-73
Presented by
Approved as to form by
~d~~ -)
, "- .-_.. , I
L., " (J~\\\ ~U{/
~a;:t MieyKi
Cl'ty Attorney
Gary Halbert, AICP , PE
Deputy City Manager
Development Services Director
J:\Planning\Otayranch\Eastcrn Urban Center SP A\2DOS SPA~PCM 99.07\Public Hearings- Workshops\City Council Hearing Package
2009\CC Ordinance adopting FBC for EVC Final .rtf
15-74
EXHIBIT A
Legal Description of McMillin Property
With Map of All of EVe
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRlBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, fN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED fN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS fNSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTfNG THEREFROM THE LAND DESCRlBED fN THAT CERTAfN IRREVOCABLE OFFER
OF DEDICA nON OF FEE fNTEREST RECORDED MAY 22, 2003, AS fNSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAfN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE fNTEREST RECORDED MA Y 22, 2003, AS fNSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS fNSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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