HomeMy WebLinkAboutReso 2013-271 RESOLUTIOI�' NO. 2013-271
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVR�'G A TEI�'TATIVE SUBDIVISIOI�'
MAP FOR THE OTAY RAI�TCH VILLAGE EIGHT WEST
PROJECT SUBJECT TO THE COI�TDITIONS COI�iTAIi�TED
HEREIN
I. RECITALS
WHEREAS, the parcel of land ���hich is the subject matter of this Resolution is depicted
in Exhibit "A", attached hereto and incorporated herein by this reference for the purpose of
eeneral description consists of 300.3 acres, and identified in Counn� Assessor Records as
APNs 644-070-12-00 and 644-070-14-00 , (Project Site); and
W'HEREAS, on Julv 30; 2009; dulv verified applications requestine approval of a
Tentative Subdivision I�4ap (PCS-09-04), Chula Vista Tract I�TO. 09-04 (Tentati��e
Subdivision A4ap), Sectional Plan Area (SPA) Plan (PCM-09-18), General Development Plan
(PCM-09-11) (GDP), and General Plan Amendment (GPA-09-01). were filed �+�ith the Cin�
of Chula Vista Development Services Department b}� Otay Land Compan��,
LLC.("Applicant" and "Owmer'); and
WHEREAS; the de��elopment of the Project Site has been the subject matter of General
Plan Amendment GPA-09-01. and the Otay Ranch General Development Plan Amendment
GDPA-09-11, previously appro��ed b�� the Cit}� Council on Februan� 26, 2013. bv Resolution
No. 20L.i-029 (GPAIGDPA Resolution) �vherein the City Council. in the en��ironmental
evaluation of said GPA/GDPA. relied on the Otav Ranch General Plan and General
Development Plan Amendment Supplemental Environmental Impact Repon No. 09-01,
SCH#2004081066 (SEIR-09-01); and
WHEREAS, the Cin-'s Development Services Director has reviewed the Project for
compliance N�ith the Califomia Environmental Quality Act (CEQA) and determined that the
Project ���ould result in a significant impact to the em�ironment, and therefore has prepared
the Villaee 8 �i'est Sectional Planning Area and Tentative Map Em�ironmental Impact Report
EIR-]0-03; SCH�2010062093 (EIR-10-03); and
l�'HEREAS. on December 17; 2013, the Applicant obtained appro��al of the Otay Ranch
Village 8 �'est Sectional Planning Area (PCM 09-18) establishine the pattem of land uses
and circulation, polices to euide the development of the Project Site, and establishing the
zoning for the propert}�; ti�herein the City Council, in the environmental evaluation of said
Sectional Plannine Area, reviewed, considered and certified Final EIR-]0-03 (FEIR-IO-O.i)
and adopted the Findines of FacL Statement of Overriding Considerations, an Mitigation
Monitoring and Reporting Program, pursuant to Resolution No. 2013-269; and
WHEREAS, said Applicant requests approval of a Tentati��e h4ap to subdi��ide 300.3
Acres into parcels supportine 1.429 multi-family residential units, 621 sinele-family
residential units. and 300,000 square feet of retail and office uses (Project) on said Project
Site: and
Resolution 2013-271
Page 2
WHEREAS, a hearing time and place was set by the Plannine Commission for
consideration of the Project and notice of said hearing, together with its purpose, was given
by its publication in a ne�;�spaper of genera] circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property, at least ten
(10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on November 20, 2013; the Planning Commission took public testimony; heard staffs'
presentation; and revie�+�ed and considered EIR-]0-03; and the Project; and
WHEREAS, follo�+�ing staff s presentation and hearing of public comments, the Planning
Commission considered all evidence and testimony presented and voted 4-2-0-1 to
recommend that the City of Chula Vista City Council ceRify FEIR-]0-03 and approve the
Project; in accordance �vith the Findings and subject to the conditions contained in this
Resolution; and
WHEREAS, following the Planning Commission's public hearing on the Project, a
hearing time and place was set by the City Counci] for consideration of the Project and notice
of said hearine, [ogether with its purpose, ���as given by its publication in a newspaper of
general circulation in the City and its mailing to property o��mers �+�ithin 500 feet of the
exterior boundary of the Project, at least 10 days prior to the hearing; and
WHEREAS; the duly called and noticed public hearing on the Project was held before the
Citv Council on December 17. 2013 in the Counci] Chambers. 276 Fourth Avenue, at 2:00
p.m. to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to the same; and
WHEREAS, immediately prior to this action, the City Council reviewed and certified FEIR-
]0-03 and adopted the Findings of Fact, Statement of Oveniding Considerations, and Mitigation
Monitoring and Reporting Program, pursuant to Resolution No. 2013-269.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it does hereby find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
Record of the proceedings of the Planning Commission at their public hearing on
November 20, 20Li, including their ��ote upon Planning Commission Resolution No.
PCM-09-08 recommending appro��al of the Project, along with any relevant comments,
have been provided to the City Council and are hereby incorporated into the record of
this proceeding.
III. CERTIFICATION OP COMPLANCE WITH CEQA
The City Council, in the exercise of their independent review and judgment, immediately
prior to this action, on December 17; 2013; reviewed and certified FEIR-10-03 and
adopted the Findings of Fact, Statement or Overriding Considerations, and Mitigation
Monitoring and Reporting Program by Resolution No. ZOli-269
Resolution I�'o. 2013-271
Pase 3
IV. TENTATIVE SUBDNISIOI�' MAP FII`'DINGS
A. Pursuant to Go��emment Code Section 66�73.� of the Subdi�•ision Map Act; the City
Council finds that the Tentative Subdivision Map, as conditioned herein for the Otav
Ranch Villaee 8 A'est Project (Project). is in conformance with the elements of the City`s
General Plan, based on the followina:
1. Land Use and Circulation
The Project is consistent with and implements the Otav Ranch Village 8 «'est
Sectional Plannine Area (SPA) Plan by establishing de��elopable _pazcels, public
impro��ements and public facilities that ���ill create an intensified mixed-use Towm
Center and other complementar�� land uses; includin� communin� purpose facilities,
public schools and parks. and residential neighborhoods that offer a vaziety of
housing types and densities. 7�he To�;m Center would be comprised of integrated
commercial, residential, office and towm square uses that „�ould encouraee use of
alternative modes of transportation and reduce reliance on the automobile. The
Project ���ill be designed to encouraee residents to utilize alternative modes of
transportation such as rapid bus sen�ice, pedestrian side�valks and trails, and bic}�de
]anes.
The Project has been designed to include a ��ehicle circulation svstem that complies
with the requirements of the Citv General Plan; Otay Ranch GDP, and Otay Ranch
Village 8 West SPA plan. The circulation system includes Main Street to be
developed with two one-w�av_ n��o-lane couplet streets �vith reduced lane �vidths and
bulb-outs at intersections, ��hich H�ill enhance pedestrian comfort and safety in the
Villaee Core. The construction of the circulation svstem ti�ill be phased in
accordance ��ith the Village 8 West SPA's Public Facilities Financing Plan (an
appendix thereto) (PFFP), such that the development of the circulation system ���ll
respond to planned grownh and maintain acceptable levels of service, as required by
the Citv`s Gro«Kh Management Proeram.
2. Economic Development
The Project ��ill contribute to the economic base of the City bv pro�iding a new�,
hieh-quality, ener2v-efficient mi�ed-use To��m Center that will create a significant
emplo}�ment center that includes commercial; office and multi-famil}� residential uses,
that ���ill enhance the image and appearance of the Ota�� Ranch communit}� and N�ill
benefit the local econom}�. Appro��al of the Project ���ill help achie��e the General Plan
objecti��es that seek to promote a ��arietv of job and housing opportunities to impro��e
the Cit}�'s jobs/housine balance, pro��ide a diverse economic base. and encouraee the
gro��Kh of small businesses.
3. Public Facilities and Services
To fulfill educational needs of students residine in Villase 8 West. a 20.2 acre Middle
School site and an 11.4 acre Elementan� School site ha��e been reserved as described
in the PFFP for acquisition by the Sti�eetwater High School and Chula Vista
Elementan� School Districts, respecti��el�-. The Project site is currentiv located in the
attendance area of the Ol��mpian Hieh School and Rancho Del Re}� Middle School;
but enrollment in those schools is espected to exceed capacit�� at the time the Project
Resolution 30li-271
Page 4
is developed. therefore Project residents may attend schools in adjacent neighboring
villages as determined by the Sweet�-ater High School District. The Sweetwater Hieh
School and Chula Vista Elementar�� School Districts would be able to accommodate
the additional students generated b}� the Project, and the existing schools would not be
adversely impacted by the approval of the Project.
The Project Site is within the boundaries of the City of Chula Vista waste��ater
services area. Sewer capacity needs for the Project, in conjunction with long-term
gro�4h in the area, have been anal��zed in the PFFP. Se�ver capacity wil] be available
to serve the Project subject to the PFFP requirements, ��hich are included as
Conditions of Approval for the Project. Based on these requirements, no adverse
impacts to the City's sewer system or City's sewer threshold standards will occur as a
result ofthe Project.
The Project has been conditioned to dedicate parkland for one neighborhood park, the
To�i�n Square, and the on-site portion of the Otay Ranch Community Park. The total
dedicated park acreage is expected to be appro�imately 27.1 acres overalL which
e�ceeds the 17.8 acres rcquired for Village 8 West. 7he excess acreage will be
applied to the Village 9 park obligation. Phasing of park facilities and maintenance
has been addressed in the PFFP. The actual park facilities and amenities will be
determined in conjunction with the park master plan process for each individual park.
The applicant will also be required to pay park acquisition and development fees prior
to issuance of Final Maps/building permits.
7'he Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. The City Engineer, Fire and Police Departments have reviewed the
proposed subdivision for conformance with City safety policies and have determined
that the proposal meets those standards. Project construction will be required to
comply with the applicable Califomia Green Building Standards, the City's Green
Building Standards and the City's Energy Efficiency Ordinance in affect at the time
of building permit issuance, and therefore energy-efficient homes ��ill be developed.
4. Housinc;
The Project will provide a vaziety of housing t}'pes, including high-quality, market-
rate single-and multi-family residential home ownership opportunities, as well as
affordable housing opportunities; as required b}� the Affordable Housing Program
prepared for Project. The Project has been conditioned to require that the Applicant
enter into an agreement to provide affordable housing prior the approval of the first
Final Map. Thus the Project is consistent with the Housing Element of the City's
General Plan by providing additional opportunities for high-quality, market-rate
single-family residential home ownership in the south���estern portion of the Cit}�.
5. Gro�vth Mana e�
The Project is in compliance with applicable Growth Management Element
requirements because a PFFP has been prepared as required by the Gro��rth
Manaeement Oversight Cotnmission (GMOC). These PFFP requirements have been
included in the Project`s conditions of approval.
Resolution No. 2013-271
Paee �
6. Em�ironmental
The Project EIR-10-03 addressed the eoals and policies of the Em�ironmental
Element of the General Plan and found de��elopment of this site to be consistent �vith
these goals and policies. The Otav Ranch Resource I�4anaeement Plan requires
convevance of 1.18 acres of land to the Ota�� Ranch Preserve for even� one-acre of
developed land prior to approval of an�� Final Map, which is equivalent to
approzimatel�� 194.1 acres. The Project has been conditioned to dedicate Multi-
species Conservation Plan (MSCP) open space preserve lands prior to approval of the
Final Map. The Project is consistent ���ith the requirements of the Ota}� Ranch
Resource Management Plan (RI�4P) and MSCP Subarea Plan.
B. Pursuant to Govemment Code Section 664T.1 of the Subdi��ision Map Act the
confieuration. orientation. and topograph�� of the site allo�+�s for the optimum siting of
lots For natural and passive heatina and cooling opportunities and that the development of
the site ���ill be subject to site plan and architectural revieH� to ensure the maximum
utilization of natural and passi��e heating and cooling opportunities.
C. Pursuant to Govemment Code Section 66412.3 of the Subdivision Map Act, the City
Council certifies that it has considered the effect of this appro��al on the housing needs of
the reeion and has balanced those needs against the public sen�ice needs of the residents
of the Citv and the available fiscal and em�ironmental resources.
D. The site is ph}�sically suited for development because it ��ill be developed in
conformance w�ith the Otav Ranch Villaee 8 V1'est SPA Plan and EIR-10-03. which
contain provisions to ensure that the site is developed in a manner that is consistent with
the standazds established b��the Cit�� for a master—planned communitti�.
E. The conditions herein imposed on the Project, aze approximatel}� proportional both in
nature and extent to the impact created by the Project, based upon the Cin-'s police
po"�ers; evidence pro��ided by the record of the proceedines of EIR-]0-03.
V. GOVERI�'1�4ENT CODE SECTION 66020I�'OTICE
Pursuant to Go��emment Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution besins on the effective date of this resolution and am�
such protest must be in a manner that complies ��ith Section 66020(a) and failure to follow
timelv this procedure «�ill bar any subsequent legal action to attack. set aside, void or annual
imposition. The rieht to protest the fees, dedications, resen�ations, or other exactions does
not apply to plannine. zonine; gradina, or other similar application processing fees or sen�ice
fees in connection ��ith the projecr, and it does not appl�� to any fees, dedication. reservations,
or other esactions �vhich have been ei��en notice similaz to this. nor does it revive challenaes
to am� fees for �v6ich the Statute of Limitations has previousl�� expired.
Resolution 201�-?71
Page 6
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property o��ner and the Applicant shall execute this document by signing the lines
provided belo���. said ezecution indicatine that the property owmer and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon eaecution, this
document shall be recorded with the County Recorder of the County of San Diego; at the sole
expense of the propem� o�vner and the Applicant, and a signed. stamped cop}� of this
recorded document shall be returned within ten days oFrecordation to the City Clerk. Failure
to record this document shall indicate the property owner and Applicant's desire that the
Project, and the corresponding application for building permits and/or a business license. be
held in abeyance ���ithout approvaL Said document will also be on file in the Cih� Clerk`s
Office and knoHm as Document No. 20li-271.
Sienatur Pro e � �er Date
T�'�-
Paul .T. Bord . Pre ' ent
Otay Land�ompany
Signature of D o Date
� �` �J ' T� I �K-
Paul .T. B rden, President
Ota}� Land Company
VIL CONSEQUENCE OF FAILURE OF CONDI'I'IONS
If anv 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 ri�ht to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute ]itigation to compel their compliance �vith
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
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 ���ithin a reasonable and
diligent time frame.
VIII. INVALIDITY: AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automaticall}� revoked and of no further force and effect ab initio.
Resolution No. 2013-271
Pa�e 7
BE IT FURTHER RESOLVED that the Cih� Council does hereby approve the Project
subject to the Findings contained herein and subject to the Conditions of Appro��al set forth in
Ezhibit B attached hereto and incorporated herein bv this reference.
Presented b�� Approved as to form b��
C
Kell}� . Broughton, FASLA G en R. Googins �
Direcior of De��elopment Sen�ices 'ty Attomel�
PASSED. APPROVED. and ADOPTED b�� the Citv Council of the Citv of Chula Vista.
Califomia. this 17th dav of December 2013 b�� the folloti�ina vote:
A1'ES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Cox
NAYS: Councilmembers: I�ione
ABSEI�'T: Councilmembers: I�'one
Chen�l Cox, Mav �
ATTEST:
Donna R. Noms CMC. Citv Clerk
STATE OF CALIFORi\'IA )
COUI�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. I�'orris, Cit}� Clerk of Chula Vista, Califomia; do hereby certifi� that the foregoin�
Resolution No. 20li-271 was duly passed, approved, and adopted by the City Council at a
special meeting of the Chula Vista Cit�� Council held on the 17th da}� of December 2013.
Esecuted this 17th da�� of December 2013.
�� 7C �.t�
Donna R. Norris. 9C. rv Clerk
:�
I.O CA'I'OR MAP �.:�:
.,.;;
�._':;i'� �
•l .co 0
:'-'� �
g Freewa �� ' '"
Villa e 6 Comm.y m Village 11 y�r•} ,,° N
�J �fP 1-;..,�,.... �
, GQ � �;yi;�i;:
Q\ y S1 i.;,".s�OW�t'
��i,;�e.
o�y� D a � �Q �:•`';:;,',;,Ota�
N� � J`'� �����'Reservoir
� BiRC Eastern .,
"' Urban � � �;='1n.;;;
v
Village 2 a Center �;'.'� `�'
o (Millenia) University �'''� ''"'
Village 7 '
., _ �
..,.�• i � '�
� .�. ;,
�� � D
._.._. � � Village 9 ��
Otay . m Planning Area 10 :.��
Landfill � �
� Village 4 Village 8 �o �`
.�''
,,••'' Village 8 East �p �y '�
��
�• O�Py ��
.._.._.._... Village 3 Sj W@St �GNJ�r�iSS�GO,.�
MpW G\Sy 0.�,.�SPNp�E
. '�..�Nj�o
�.
�.
.�" ��
_ .�.
�.
1 ��,
�.
�.
1 ��•
�.
j ��� �. •+• ♦'•
✓'�
�.
,i•
._.._..N._.._.._.._ . L ATIO ���
w _a r ',....-•'
,..
._
5
EXH I B' "A"
Resolution I�'o. 2013-271
Page 9
E�:hibit B-Drafr \'illaee 8 V��est TD4 Conditions
TEI�TTATIVE AtiAP CO?�TDITIOI�'S OF APPROVAL
linless otherN�ise specified or required b�� la��: (a) the conditions and Code requiremenu
set fortb belovw shall be completed prior to the related Final ?�4ap as determined bv the
Development Services Director and the City Eneineer, uniess otherwise specified,
"dedicate" means �rant the appropriate easement; rather than fee title. V�'here an
easement is required the Applicant shall.be required to provide subordinadon of anv prior
lien and easement holders in order to ensure that the Ciri� has a first priorin interest and
righu in such land unless otherwise escused by the Cin� A4anager or his/her desi�ee.
R'here fee title is granted or dedicated to the Cirv, said fee title shall be free and cleaz of
all encumbrances. uriless otherw�ise e�cused bti� the Cin�.
Should conflicting ��ordine or standazds occur bet�veen these conditions of approval, an��
conflict shall be resoh�ed b�� the Cirv I�4anaeer or desienee.
GENERAL/PLANNING AT� BUILDING
1. The Applicant, or his/her successors in interest; shall improve the Project Site
�ith the Project as described in the Tentative Subdivision Map, Chula Vista Tract
I�'o. 09-04, eenerally located south of the existing terminus of La Media Road;
and south���est of the intersection of n4asdalena Avenue and ?�4ain Street.
2. The Project shall comph �cith approved General Plan Amendment GPA-09-0I
and General Development Plan Amendment PCA4-09-11 approved Februar}� 26;
2013, the Sectional Plannina Area (SPA) Plan PCA4-09-18; approved December
17, 2013, and all supponine documenu indudin� but not limited to Public
Facilities Finance Plan, Pazks, Recreation, Open Space and Trails Plan;
Affordable Housing Plan and Non-Rene��able Energy Conservation Pian; and the
Citv of Chula Vista Standard Tentative Map Conditions; as attached hereto and
incorporated herein
3. Generai Plan Amendment (GPA-09-01) and General De��elopment Plan
Amendment (PCA4-09-11). appro�ed bv the Cih- on Februar} 26, 2013; were
based upon the premise that both Villa2e S \Vest and 9 «�ould be entitled �vithin
reasonabl�� the same time frame. Therefore; the Cit�� shall not issue any pemuu
for Villa2e 8 �\'est unless and until the Cit}� Council has approved the
"Entitlements" for Villaee 9, the applicable statutes of limitations has expired as
set forth in Paza�raph 33 of the First Amendment to Land Offer Aereement
betN'een the Cit}� and Ota� Land Company ("Amended LOA") and the other
requirements set forth in said paragraph has been satisfied. The
restriction concemine the issuance of permits in Villaee 8 R%est as contained in
this condition ma��be remo�ed �i ithout the need for modification of this condition
of appro��al; if the Amended LOA is further amended in the manner that allo��s
for the remo��al of said building permit restriction. Such futwe amendment to the
Amended LOA; if anv, may include the Cit}�`s acceptance of the Irrevocable
Offers of Dedicatoins for the liniversin� Propem� and/or adranced fundino and
Resolution 201�-271 ?
Page 10
release to the Cin� of University endo��nent funds for the removal of the permit
restriction for V illage 8 VJest, or otl�er terms mutually acceptable to the parties.
4. Prior to the issuance of the 1.02��' residential building permit for the Villaee 8
West Project the applicant shall obtain approval of a final map, gradine plan and
improvement plans that ensure tt�at the Community Purpose Facility (CPF) Site
Lot R is �raded and in a usable condition; including installation of necessarv
access and utilities, to the satisfaction of the Development Services Director.
�. The Applicant shall implement, to the satisfaction of the Development Services
Director and the Cit}� Eneineer, the mitigation measures identified in the
Supplemental En��ironmental Impact Report (CV EIR 09-01) for Amendments to
the Chula Vista General Plan (GPA 09-01) and Otay Ranch General Development
Plan (PCA�-09-11) and associated Mitigation Monitoring and Reporting Program
(A�MRP) for the Village 8 R'est Project; and the Otay Ranch Village 8 R'est
Sectional Planning Area Environmental Impact Report (CV EIR 10-03) and
associated A�itigation DQonitorin� and Reporting Program (MA�RP) for the
Village 8 R�est Project, within the timeframe specified in the MMRP.
6. The CC&Rs for each HOA within the Village 8 VJest Project shall contain a
provision that clearl}� discloses that the project site is located adjacent to an
existing mining operation that is expected to operate during and after build out of
Village 8 West and could subject residents to nuisance noise, blasting, vibration
and dust from on-going mining operations.
7. The CCRR's for each HOA within the Village 8 West project shall contain a
provision that provides all new residents ��ith an overflight disclosure document
that discloses the follo���ing information during any rea] estate transaction or prior
to lease siQnine; as required by the Bro�;m Field ALUCP:
NOTICE OF AIRPORT VICII�'ITY: This pro�erh� is presently located in
ihe ricinirv of an aiiport: N�ithin what is knoirn as an airporl in�luence area. For
that reaso�a. the property may be subject !o sonae of the aivao��ances or
incor�ver7ie�zces associated i��ith p�•oximiry �o airpoi�t operations (for exanzple:
raoise, ribrution, or odors). Indiridual sensitivities to tlaose arvaoyaraces can vary
.from person ta perso�z. You nzay tirish to co�7sider i�-hat ai�port arnioyattces. if
anv, are associated with tlae properry before you cornplete��our purc7aase or lease
mid determine i��hether lhey m'e acceptable tn you.
A cop,v of this disclosure document shall be recorded with the City of Chula Vista
as part of project approval. Each prospective homeowner shall sign the disclosure
document confirming they have been inforn�ed of the vicinity of the airport prior
to the purchase of a home.
8. The Applicant shall obtain approval of a subsequent Final Map sho���ing
condominium o«�nership prior to de��elopment of condominiums within an}�
� Resolution No. 2013-271
Paee 11
Planning :�rea proposing miaed residential/commercial or multi-famil� residential
uses.
9. The Applicant shall construct public faciliues in compliance with the Ota� Ranch
V'illage 8 R%est Public Facilities Finance Plan (as amended from tune to time) as
specified in the Threshold Compliance and Recommendations Section for each
public facility chapter. At the applicanrs request the Cim Engineer and
Development Services Director ma��, at theu discretion; modifi� the sequence;
schedule, alienment and desi�n of improvement construction should conditions
chan2e to ���arrant such a revision.
10. The Applicant shall dedicate, «ith the applicable final map; for public use all the
public streeu sho��n on the tentative map �°ithin the subdi�•ision boundarv. The
applicant shall construct or enter into an aereement to construct and secure all
street and intersection impro��ements as necessarv to mitieate tt�e impacts of the
Villaee 8 �Vest Project and as specified in Ota}� Ranch Villaee 8 Vdest SPA Plan
Final Draft Public Facilities Finance Plan Table 4.1.3A "Project Access and
D'uect Tr�c Mitigation Threshold Requuemenu" and Table �.1.4 "Intemal
Sveet Iinpro��ements-'. The Applicant shall construct the public unprovemenu
and provide securiri� satisfactory to the City Eneineer and Cin=Attome}=.
11. Prior to approval of an�• final map sho��ing public or private streets, the
Applicant shall obtain approval of street names to the satisfaction of the
Development Sen�ices Director and Cin� Eneineer.
12. Prior to approval of the Final D4ap for Planning Area U, applicant shall redesign
the cul-de-sac with street(s) that aze consistent �vith the design of the proposed
project for the site to the satisfaction of the City Eneineer.
li. Prior to approval of the Final ?�4ap containing I�'eiQhborhood P; applicant ma}�
consvuct Altemative Street I if applicant provides the City ���th documentatio❑
appro��ed b}� the City Eneineer that the o�+mer of the Villaee 4 propem- has
satisfactorv vehicular access from Villaee 4 to Street I. or that such access is not
necessarv. �
1�. In accordance ���ith Standazd Tentative ?�4ap Condition 40: The applicant shall
notif�� the Cin� at least 60 da�s prior to consideration of the fust map by the Ciri-
if an�� of-site right-of-���av or an�� interest in real propert}� needed to construct or
install offsite improvements cannot be obtained as required b}� the Conditions of
Approval. After said notification. the developer shall comply with the
requirements set forth in Standard Condition 40.
1�. Prior to the approval of the final map for Planning Areas U; S, O; 1�4. E and 1.
provide an off-site fuel management program per Section 9.� "Off-Site Fuel
A4anagemenr' of the Fire Protection Plan; and C\%r4C Chapter 1�.38- �Vrban
\4%ildland Interface Code". The Proeram shall establish the oblisations for fuel
Resolution 2013-271 �
Page l2
mana�ement ttiat apply to each of the Planning Areas and adjacent off-site
properties, including required fuel manaaement zones adjacent to structures.
consent from affected off-site propert}� o��ners, and other applicable requirements
to the satisfaction of the Fire Marshal and De��elopment Services Director. The
pro�ram requirements shall be satisfied prior to the delivery of combustible
material to the site. to the satisfaction of the Fire Mazshal.
16. A reserve fund proeram has been established by Resolution No. 18288 for the
fundina of the Fiscal Impact of Neti- Development (F.I.N.D.) Model for the Ota}
Ranch Project. The Applicant shall pro��ide funds to the Reseme Fund as required
by the Reserve Fund Pro�ram. Pursuant to the provisions of the Gro�th
Management Ordinance and the Otay Ranch General De��elopment Plan (GDP),
the Applicant shall participate in the funding of the preparation of an annual
report monitoring the development of the community of Otay Ranch. The annual
monitoring report will anal}�ze the supply of, and demand for, public facilities and
services governed by the threshold standazds. An annual review shall commence
following the first fiscal yeaz in ��hich residentia] occupancy occurs in the Project
and is to be completed during the second quarter of the followin� fiscal year. The
annual report shall adhere to the GDP/SRP, as amended from time-to-time.
17. Prior to the first final map, the applicant will evter into an agreement to provide
funding for periods ���here project ezpendimres exceed projected revenues in
compliance «-ith CVMC 19.09.060(J).
18. Prior to the first final map for the To��m Center, applicant shall submit and obtain
approval by the City of a A�aster Precise Plan and Planned Sign Program forthe
Town Center. Applicant shall be required to obtain an approval of a Master
Encroachment Permit prior to construction of si�nage in the public right-of-N�a}�
in the ToN�n Center; to the satisfaction of the City Engineer and Development
Services Director.
Public Facilities:
19. Prior to approval of the Fina] Map that contains the public transit facilities, the
Developer shall provide a deposit in the amount of$20,000 for each transit stop
payable to the City of Chula Vista for a Capital Improvement Project for future
transit improvements, or enter into an agreement to construct future transit
impro��ements to the satisfaction of the Chula Vista Transit Coordinator.
20. Prior to approval of the first final map or the issuance of the first grading permit
for the Village 8 V�'est Project, whichever occurs first, the applicant shall provide
al] of the following:
a. Evidence satisfactory to the De��elopment Services Director, that the
applicant has entered into a binding and proper]}� e�ecuted agreement w�ith
the Cih� of San Diego to construct a ne�v City of San DieQo waterline at a
location that has been approved by the City of Chula Vista ("Waterline
� Resolution No. 2013-271
Pase 13
.4�reement") to replace tt�e existing waterline located ��ithin V'illage 8
West.
b. Eridence that the Cirv of San Dieeo has abandoned or has aereed to
abandon anv ��ater main easements not needed as a consequence of the
relocation of the Cin° of San Dieeo waterlines ��-ithin Villase 8 V�'est.
c. Submit grading and impro��ement plans for the approval of the
Development Services Director. includine securin� for completion of said
�vork (or proof of securitv in ��hich Cin� of Chula Vista has a risht
thereto), for the construction of the new City of San Diego ���aterline in
accordance �i�ith the provisions of the �Vaterline Agreement. The
impro��ement plans shall depict the closure or abandonment of the eaisting
��ater line in accordance ���ith standazd engineerine practices.
d. Enter into an aereement �rith the Cirv of Chula Vista to defend, indemnifr
and hold harmless the Cit��, its elected and appointed officers and
emplo��ees, from and aeainst any and all claims; causes of action;
demands. suits, actions or proceedinas, judicial or administrative, for
«�its; orders; injunction or other relief. damages, liabilin�; cost and
expense (including without limitation attomevs' fees) arisine out of
connected ��°ith or incidental to the construction of the ne�ti� City of San
Dieao «�aterline and the closure and abandonment of the old ���aterline. or
from an�° and all Cirv action. conduct or matter related thereto.
.�.ffordable Housing:
21. Prior to appro��al of the fust final map for the project, the Developer shall enter
into a Balanced Communities Affordable Housing Agreement; in compliance ���ith
applicable City and State of California reeulations. This aereement shall identifi�
potential affordable housine sites; schedules and the followine building pemut
threshold requirements described in the Affordable Housine Plan: (1) prior to the
Citv's issuance of the ]026`� building permit ���ithin Viliase S V�'est, de��eloper
shall commence construction of the Initial Phase of the lo�ti and moderate-income
housine units; and (2) prior to the Cit}�'s issuance of the 1�.iS`� buildine permit,
Developer shall commence construction of the remainder of required lo�;� and
moderate-income housine units. "Initial Phase" shall mean 60% of the total
number of qualified lo� and moderate-income housing units.
Grading:
22. Grading plans that include freestanding ��-alls or sound «�alls adjacent to 2:1 or
greater slopes more than 6 feet high shall include a minunum 2 ft. ��ide le��el
bench for landscaping and maintenance access adjacent to the «all.
Resolution 2013-271 6
Page 14
23. Prior to approval of the gradina permit for Planning Area W; landscape plans will
depict a minimum 10-foot landscape buffer around the detention basin to
screen/sofien the view of the basin from the adjacent street to the satisfaction of
theDevelopment Services Director.
24. Prior to the approval of each grading pemiit issued by the Cin�, including for the
Reservoir Site, applicant shall provide a letter of permission for all off site
grading ���ork that is to be included in each of the gradine permits.
Parl:s:
2�. Prior to approval of the first fina] map; the applicant shall provide t��o irrevocable
offers of dedication (IOD) on the map for a total of 16J usable acres of
community park land. One of the t��o community parkland IODs shall consist of
9 usable acres of community pazkland related to a portion of the overall pazk
obliaation for Otay Ranch Village 9. The second IOD shall consist of 7.7 usable
acres of community parkland related to a portion of the overall pazk oblioation for
Otay Ranch Village 8 West. Said IODs are subject to the review and approval of
the Development Services Director.
Trails:
26. The Landscape Master Plan and Grading Plans for Planning Areas P and N shall
provide neiehborhood trail connections passing between single family homes in
Planning Area P (approaimatel}� Lots 48-49, 61-62, and 92-93) and Planning Area
I�' (appro?:imately Lots 2�-26, 67-68) and shall maintain the minimum required
trai] width of 4 to 6 feet. In other areas, neighborhood trails shall maintain a
minimum of 6 feet of trail within an 8 foot ���ide bench, to the satisfaction of the
Development Services Director.
27. Prior to appro��al of the first final B map, for Planning Areas P or V, dedicate an
easement for trails, public utilities, and vehicular access on the map. Construct or
enter into an agreement to construct the multi-recreational trail and utilit}� access
road from Street E to the southerl}�project boundary, all as shown on Tentative
n4ap Section A-A, ���hen directed by the Development Services Director.
Landscaping/VI'alls/Fences:
28. In place of Standard Condition 30 and 33. prior to appro��al of the first final map
the Applicant shall:
a. Obtain approva] of the Landscape Master Plan for the project. The
Landscape Master Plan shall identif}� a funding mechanism to maintain parks;
]andscape improvements; trails; open space areas and other improvements in
such areas. The contents of the Landscape Master Plan shall contain the
� Resolution No. 2013-271
Paee 1�
major components listed in Master Condition 30(a) thru (h) in the Subdi��ision
Standazd Conditions unless ���aived bv the Development Sen-ices Director.
� b. Submit evidence acceptable to the Citv Eneineer and Development Sen ices
Director of the formation of a A4aster Homeo�ner's Association (MI�OA), or
another financial mechanism acceptable to the City A4anager; includine a
Communitv Facilities Disuict (CFD) or Open Space District. A Communin�
Facilities District is the preferred financial mechanism for a maintenance
district. If another financia] mechanism is not formed. the ?�gIOA shall be
responsible for the maintenance of those landscapin� improvements that aze
not included in tt�e proposed financial mechanism. The Cin� Eneineer and the
Development Services Director mav require that some improvements be
maintained by the Open Space District. The final determination of which
impro��ements aze to be induded in the Open Space Disvict and those to be
maintained by the N1HOA shall be made durine the Open Space District
Proceedines. The A�-IOA shail be strucrured to allo��� annexation of future
tentative map azeas in the event the City Eneineer and De��elopment Services
Director requires such annexation of future tentative map azeas The MHOA
fomiation documents shall be subject to the approval of the City Attornev.
c. The Applicant shall submit for Cin�'s approval the CC&R's grant of
easements and maintenance standazds and responsibiliry of the n�-IOA's for
the Open Space Areas within the Village 8 A'est Project Area. The Applicant
shall acknoH�ledee that the A�-IOA's maintenance of public open space, trails,
etc. ma}� expose the Cin� to liability. The Applicant a�ees to establish an
A4HOA that �vill indemnifv and bold the Cih� harmless from anv actions of the
I�4HOA in the maintenance of such azeas: and
d. Submit and obtain approval of the City Ensineer and Development Semices
Director of a list of all facilities and other items to be maintained b}� the
proposed district or A4aster Homeo���ner's Association (?�4HOA). Sepazate lists
shall be submitted for the unprovements and facilities to be maintained bv the
Open Space District or some other financing mechanism and those to be
maintained by the NIIIOA. Include a description; quantity, and cost per year
for the perpetual maintenance of said improvemenu. These lists shall include
but aze not limited to the follo�;ine facilities and improvements:
i. All facilities ]ocated on open space lots to include but not be
limited to: ���alls. fences. water fountains. liehtine structures.
paths, trails, access roads. drainaee structures, and landscapinQ.
Each open space lot shall also be broken do«m b}� the number of
acres of: 1) turf, 2) imgated, and 3) non-irri�ated open space to
aid in estimation of a maintenance budeet thereof.
ii. A4edians and pazk�ca.�s alone Project road���avs, (onsite and off-
site and all other street parlc���a��s proposed for maintenance by
Resolution 2013-271 s
Page 16
the applicable Community Facilities Disuict or Homeo��ner`s
Association.
iii. The proportional share of the maintenance of any medians and
parkways along the applicable roadways as identified in the
PFFP adjoining the development as determined by the City
Engineer.
iv. All water quality basins serving the Project (Development
Services).
29. In addition to those conditions specifically listed above, Applicant shall comply
with Standard Conditions 31, 32; 34; 3�, and 37.
30. The Applicant agrees to not protest forn�ation or inclusion in a maintenance
district or zone for the maintenance of landscape medians, scenic corridors along
streets and public parks, ���ithin or adjacent to the subject subdivision.
31. The Applicant shall submit a detailed walUfencing plan �vith the Design Revie�i�
Site Plan submittal for each planning area showing that all project walls and
fences compl}� ���ith the approved SPA Plan Section 4.2.4, Landscape Master Plan;
and other applicable City of Chula Vista requirements, to the De��elopment
Services Director for approval. Plans shal] indicate color, materials, height and
location of freestanding walls, retaining walls; and fences. The plan shall also
include details such as accurate dimensions, complete cross-sections sho���ine
required ���alls; adjacent gradin2; landscaping; and side���alk improvements.
32 Prior to the approval of the first final map for the SPA Plan; the applicant shall
annes the project azea within the Otay Ranch Presen�e Community Facilities
District I�'o. 97-2, Improvement Area "C".
33. Prior to recordation of each final map the applicant shall convey fee title to land
within the Otay Ranch Presen�e to the Ota}� Ranch Presen�e O���ner Manager or its
designee at a ratio of l.l 88 acres for each acre of development area, as defined in
the Ota}� Ranch Resource Management Plan. Access for maintenance purposes
shall also be conveyed to the satisfaction of the Preserve O«�ner Manager; and
each tentative map shall be subject to a condition that the applicant shall eaecute a
maintenance agreement ��ith the Preserve Owner Manager stating that it is the
responsibility of the applicant to maintain the conveyed parcel until the Otay
Ranch Preserve Commwiity Facilities District No. 97-2 has generated sufficient
revenues to enable the Preserve O�e��er Manager to assume maintenance
responsibilities. The applicant shall maintain and manage the offered conveyance
propert}� consistent with the Otay Ranch Resource Mana�ement Plan Phase 2 until
the Otay Ranch Preserve Community Facilities District No. 97-2 has generated
sufficient revenues to enable the Presen�e Owner Manager to assume maintenance
and manaoement responsibilities.
9 Resolution No. 2013-271
Paee 17
34 Prior to tt�e Preserve Ouver A4anaQer's acceptance of the com�e��ed land in fee
title; the applicant shall prepaze, to the satisfaction of the Preserve O"ner
Manager; area specific manasement directives for the associated convevance
areas, ��hich shall incorporate the widelines and specific requiremenu of the
Otay Ranch Resource A4anagement Plan; manaeement requiremenu of Table 3-�
of the Multiple Species Consen�ation Pro�ram Subazea Plan and information and
recommendations from any relevant special studies. Guidelines and requiremenu
from these documents shall be evaluated in relationship to the Preserve
confiwration and specific habitau and species found �ti2thin the associated
conve�-ance azeas and incorporated into the area specific manaeement d'uectives
to the satisfaction of the Preserve O�rer A4anaeer.
3�. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station in the
To��n Center; obtain appro��al of improvement plans to the satisfaction of
SAI�'DAG_ the Chula Vista Transit Coordinator and the De��elopment Sen�ices
Director.
36. Prior to issuance of the first buildine permit or other discretionarv permits for
mued use, multi-familv; or other non-residential developmenu «�itYun the project
site, the Applicant shall compl}� �zth applicable pro��isions of A4unicipal Code
Section 8.24 - Solid Vdaste and Litter, and Section 8.2� — Rec��cline, related to
development projecu; to the satisfaction of the Depaztment of Public �'�'orks;
Environmental Services Division. These requiremenu include; but aze not limited
to the follo���ine desim requirements:
a. The Applicant shall desien mixed-use, muiti-family, and commercial
development projects to comply ��th the Rec��cling and Solid �T�raste
Standards for central collection bin services.
b. The Applicant shall design each sinele-famil�� lot or residence to
accommodare the storaee and curbside pickup of indi��idual trash; recycling
and ereen «�aste containers (.i total); as approved for a small-quantin�
generator (single familv residential use).
37.Prior to recordation of each final map all CFD slope and open space areas shall be
individuallv lotted on said final map to the satisfaction of the Development
Sen�ices Duector.
H:�PLAr��Il�'G\Otay Ranch\Universin• and_South_OR_Villages\OLC\Villaee 8 West\\'8W
TM�PCS-09-0� TM Conditions 0920li.doc