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HomeMy WebLinkAboutReso 1996-18286 RESOLUTION NO. 18286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01 ) AND ADDENDUM FORTHE OTAY RANCH SECTION PLANNING AREA (SPA) ONE PLAN AND APPROVING AND IMPOSING CONDITIONS ON THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN (PCM 95-01), WHICH INCLUDES THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON- RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL RECONNAISSANCE REPORT WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"); and WHEREAS, the SPA One Plan also includes the following documents: Overall Design Plan, Village Design Plan, Public Facilities Financing Plan and Supporting Documents, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan and Supporting Plans, Non-Renewable Energy Conservation Plan, Ranch- Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Geotechnical Reconnaissance Report (all documents referred to herein as "Project"); and WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Paseo Ranchero and is comprised of approximately 1,061.2 acres of land located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 ("Project Site"). The area west of Paseo Rancho has been excluded from this SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west of Paseo Ranchero, needs further analysis; and WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as a unit; and WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista on May 14, 1996, to allow the SPA to be processed without the area west of Paseo Ranchero; and WHEREAS, the SPA refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP adopted by the Chula Vista City Council on October 28, 1993, and amended on May 14, 1996; and Resolution 18286 Page 2 WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to Property Owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed; and WHEREAS, a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendure, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and WHEREAS, the Second-tier EIR 95-01, the Recirculated EIR and Addendure incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995; and WHEREAS, the City Council of Chula Vista certified EIR 95-01 as adequate in compliance with CEQA at a duly noticed public hearing on May 14, 1996 and recertified said EIR on May 21,1996 to assure compliance with Public Resources Code Section 21 O92,5(a). The City now desires to once again recertify this document as adequate in compliance with CEQA; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendure are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to complement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts this resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are references in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project; and WHEREAS, the City Council of Chula Vista held a workshop on April 30, 1996 and a duly noticed public hearing on May 14, 1996 regarding the Project. The public hearing was continued to May 28, 1996 and June 4, 1996. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve, and order as follows: Resolution 18286 Page 3 I. RECORD OF PROCEEDINGS The proceedings of all evidence introduced before the Planning Commission and City Council at their public hearings on the Draft EIR, the Recirculated EIR and Addendure held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 1 O, 1996, April 24, 1996, May 1, 1996, May 14, 1996, May 28, 1996 and June 4, 1996 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, including documents specified in Public Resources Code Section 21167.6 subdivision(s), shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. The comments, oral and written submitted, as made either by EastLake or their attorneys, Luce, Forward, Hamilton & Scripps, that relate to CEQA's procedural and substantive compliance were withdrawn by EastLake and their attorneys and are not a part of this record of proceedings. II. FEIR 95-01 REVIEWED AND CONSIDERED The City Council of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendure and the environmental impacts therein identified for this Project. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that FEIR 95-01 and Addendure, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the FEIR 95-01 and Addendum reflects the independent judgment of the City of Chula Vista City Council. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to paragraph VI of this Resolution and the conditions, set forth in Exhibit "A", attached hereto. VI. PHASE TWO RESOURCE MANAGEMENT PLAN APPROVAL The City Council does hereby approve the Phase Two Resource Management Plan subject to the following conditions: said Plan shall apply to the processing and conveyance of preserve lands associated only with SPA One; no other village or SPA shall be approved until the Phase Two Resource Management Plan is reevaluated and amended by the City of Chula Vista; the Property Owner of SPA One and/or Applicant shall enter into an agreement with the City, prior to the first tentative map approval for the SPA, to implement the terms of said Plan. Resolution 18286 Page 4 VII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan and Public Facilities Financing Plan contain provisions and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan specifies the public facilities required by Otay Ranch, and also the regional facilities needed to serve it. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with a grade-separated open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One, four neighborhood parks will be located within the SPA One area to serve the project residents, and the project will provide a wide range of housing types for all economic levels. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. VIII. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Attachment "A" known as Document Number CO96-056, which is on file in the office of the City Clerk. Resolution 18286 Page 5 B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as Document Number CO96-056, which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and binds itself and the Applicant and its successors in interest, to implement those measures. Co Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-01 and Addendure and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as Document Number C096-056, which is on file in the office of the City Clerk, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible. D. Infeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and Addendure and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution known as Document Number CO96-056, which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 and Addendum were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "B" of this Resolution known as Document Number CO96-057, which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project Applicant and any other responsible parties and the successors in interest implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program. F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Attachment "C", known as Document Number CO96-056, a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. Resolution 18286 Page 6 T' IX. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. X. ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full, XI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and/or Applicants shall execute the document attached as Exhibit "B", said execution indicating that the Property Owner and/or Applicant have each read, understand and agree to the conditions contained herein. This does not provide the Property Owner and/or Applicant with any '"vesting" of entitlemerits to this Project or any of the corresponding documents approved herein, that is not otherwise provided by state and federal law. Said document to be placed on file in the City Clerk's office as Document No. CO96- 086. :,. Presented by Approved as to form by a , r Ann Moore i I Assistant City Attorney Resolution 18286 Page 7 Exhibit A CONDITIONS OF APPROVAL FOR OTAY RANCH SPA ONE GENERAL PROVISIONS 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 purposes of this document the term "Developer" shall also mean "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 or seek damages for their violation. 3. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. ENVIRONMENTAL 4. The Applicant shall implement all mitigation measures identified in EIR 95-01, the Candidate CEQA Findings for this Project (Attachment A) and the Mitigation Monitoring and Reports Program (Attachment B). 5. The Applicant shall comply with all requirement of the Phase 2 Resource Management Plan (RMP) as approved by City Council on 06/04/96. a. The Applicant shall enter into an agreement with the City prior to the approval of the first Tentative Map for this Project, to implement the provision of the Phase 2 Resource Management Plan. 6. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 7. The Applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future phase of Village One. Resolution 18286 Page 8 STREET, RIGHT-OF-WAY AND IMPROVEMENTS 8. The segment of the north/south vehicular road from Telegraph Canyon Road to the first residential street intersection within Village One (located between Buena Vista Way and Apache Drive) ("Temporary Roadway") shall be open for public use only until such time as a road from Village One to Orange Avenue is approved by the City Engineer to carry vehicular traffic. The Temporary Roadway shall be designed and constructed to City standards and the Otay Ranch SPA One standards. The Applicant shall be responsible, at its sole cost and expense, for the removal and restoration of the roadway at the request of the City Engineer. Subsequent to removal of the roadway, said roadway shall be regarded and reconstructed to be consistent with the streetscape of Telegraph Canyon Road, as directed by the City Engineer. The Applicant shall install signs, as directed by the City Engineer, indicating that the Temporary Roadway shall be closed once the permanent road is opened for public use. Notice shall be provided in any residential sales disclosure documents that the Temporary Roadway will be closed to vehicular traffic when access to East Orange Avenue is provided. 9. The Applicant shall enter into an agreement with the City, prior to approval of the first final map, to fund the cost of the transit stops. Said stops shall be designed in the manner consistent with the transit stop details as described in the Village Design Plan, as approved by the City's Transit Coordinator and Planning Director. 10. Residential street parkways shall be no less than six feet in width. The 1', Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent I~arkway. As a condition of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Directors of Parks and Recreation and Planning. 11. Street cross sections shall conform to those standards contained in the SPA One Plan. All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City from time to time, ("City Design Standards"). Any proposed variation from the City Design Standards which are not addressed in the SIvA Plan shall be approved by the City and indicated on the appropriate tentative subdivision map. The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i.e., cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the apl~ropriate design standards for all streets within SIvA One. Resolution 18286 Page 9 COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPR, ~VEMENT PLAN PREPARATION FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Arterial Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class II Collector Village Core Class I Collector Residential Promenade Class III Collector Core Promenade Residential Village Main Residential Village Plaza Residential Residential A and B Residential Alley Alley Standards 12. The Applicant shall provide a 60 foot wide pedestrian paseo between Neighborhoods R-8 and R-9. As a condition of approval on the appropriate tentative map, said paseo shall be required to be dedicated to the City at the final map stage. Street improvements will not be required to be installed, but may be required at some future date should it become apparent that vehicular access is needed. 13. As directed by the Director of Planning and the City Engineer, the Applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road. The timing of the construction of said bridge shall be determined by the City at the time of approval of the first tentative map and shall be a condition of the first Tentative Map. The Applicant shall be solely responsible for the construction of said bridge. 14. In addition to the pedestrian bridge described above, the SPA One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The Applicant shall agree to fund half of the cost of constructing the two pedestrian bridges and to identify the mechanism to be used to fund said cost at the time of approval of the first final map, Said items shall be included as conditions of approval of the first tentative map. 'T ..................T · r Resolution 18286 Page 10 15. The Applicant shall provide a conceptual design of the traffic circles delineated on the SPA One Plan for review and approval by the City Engineer and Planning Director prior to approval of the first tentative map. 16. In the event the Federal Government adopts ADA standards for street rights of way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced. 17~ Vehicular access shall not be required to EastLake Parkway between the two Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided. A sixty foot easement for roadway and other public purposes to accommodate said access shall be dedicated with the approval of the appropriate final map. Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as not to preclude the option of future provisions of vehicular access should it become necessary. GRADING AND DRAINAGE 18. The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. T" 19, The quantity of runoff from the development shall be reduced to an amount equal to or less than present 100-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows, Said retention/detention facilities shall be provided by the Applicant. 20. The Applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and I=ive by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER CONSERVATION) 21. The Applicant shall provide water and reclaimed water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Montgomery-Watson dated June 1995 or as amended by the Applicant and approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map. 22. The Applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA I One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the Applicant and approved by the Director of Public Resolution 18286 Page 11 Works. The SPA One Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map. PARKS/OPEN SPACE/VVILDLIFE PRESERVATION (~qneral 23. The SPA One project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive .partial park credit as defined below). A minimum of two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees. 24. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City. '" 25. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 26. The Applicant shall coordinate consultant selection with the City. The consultant selected for all park design shall be acceptable to the City. 27. Parks located within gated communities shall not receive park credit. 28. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 29. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 30. Pedestrian Parks: Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Plan, ,, Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to City wide small park credit criteria which shall be approved by the City Council. Resolution 18286 Page 12 31. Neighborhood Parks: The Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Parks and Recreation Director, no later than issuance of the building permit for the 500th dwelling unit. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the City in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Parks and Recreation Director. The Applicant shall complete construction of the first phase of the first neighborhood park within six (6) months of commencing construction of said park. Prior to issuance of the building permit for the 1150th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDQ and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and approved by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The 1.7 acre Town Square in Village Five shall receive 100% neighborhood park credit if constructed consistent with the criteria contained in the General Development Plan and if improvements constructed within the Town Square receive the approval of the Director of Parks and Recreation. The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar Street on the SPA plan shall be relocated easterly within Neighborhood R-12. The Applicant shall receive reimbursement of PAD fees should they deliver a turn*key facility to the City in accordance with the Parks Master Plan. 32. Community Parks: The Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn-key facility is subject to the reimbursement mechanism set forth below. Resolution 18286 Page 13 The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. The Applicant shall identify the relocation, if any, of the Village 20tay Ranch Community Park prior to issuance of the building permit for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. Notwithstanding that the community park requirement (1 acre/1,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. The Community Park shall be ready for acceptance by the City for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. If the City determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The Applicant shall receive reimbursement of PAD fees, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. 33. Trails: The first final map shall not be approved until the SPA One Open Space Master Plan is approved by the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include, but are not limited to elements such as final recreational trail alignments and phasing. The Concept and Analysis Plan shall be developed during the tentative map review process. All trails shall connect to adjoining existing trails in neighboring development projects to the extent feasible, as feasible is determined by the Director of Parks and .? Recreation. 34. Community Gardens: Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including Resolution 18286 Page 14 creation of the Community Garden Committee and their responsibilities. Water lines shall be stubbed from the nearest water main to the site(s) in order to facilitate development of the Community Gardens. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Home Owner's Association or other funding mechanism approved by the City. Community Gardens shall not receive park credit. 35. Open Space: The Applicant shall prepare a study to determine the feasibility of establishing a master open space district under the 1972 Lighting and Landscape Act for the Otay Valley Parcel of Qtay Ranch. Said feasibility study shall be submitted to the Directors of Parks and Recreation and Public Works for their approval, prior to approval of the first tentative map. If applicable, an Open Space District shall be formed prior to approval of the first final map. AGREEMENTS/FINANCIAL 36. The Applicant shall install Chula Vista Transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project T'"' development, the Applicant shall install said improvements when directed by the City. The Applicant shall enter into an agreement with the City to fund these facilities. The requirement for said agreement will be made a condition of the first tentative map. 37. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final map, regarding the provision of affordable housing. Said agreement shall be a condition of approval of the first tentative map. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable Housing Plan. 38. No final maps may be recorded within SPA One until such time that an annexable Mellow Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. 39. The Applicant shall pay, prior to approval of the first final map, their fair share of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 40. The Applicant shall prepare a design study to determine the feasibility of providing grade separated intersections for East Orange Avenue at Paseo Ranchero and Telegraph Canyon Road at Otay Lakes Road, Said study shall be approved by the City Engineer prior to approval of any tentative map for SPA One. 41. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final map within SPA One, to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Resolution 18286 Page 15 Management Program (CMP). 42. The Applicant shall be required to equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first final map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. 43. In order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall complete the following: 1) dedicate to the City the Light Rail Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the approved tentative map; 2) rough grade said LRT alignment; and 3) enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT. 44. A reserve fund program has been established by Resolution No. 18288 for the Otay Ranch Project, The Applicant shall fund the Reserve Fund as required by the Reserve Fund Program. SCHOOLS 45. The Applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded hi.eh school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 46. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 47. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 48. The Applicant shall deliver to the School District, a graded elementary school Resolution 18286 Page 16 r site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 49. The Applicant may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof: If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to a dedicated public street. The Applicant shall post bonds to secure the installation of improvements in the amounts determined by the City Engineer prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in the conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map. 50. The Applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan. 51. Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA Plan. 52. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. 53. The Applicant shall fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee and approved by the City Council prior to approval of the first final map within SPA One. Said requirement shall be made a condition of approval of the first tentative map. The Applicant shall receive 100% credit towards future PFDIF for funding this update. 54. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in f-.. which residential occupancy occurs and is to be completed during the second quarter of the i following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. Resolution 18286 Page 17 55, The Applicant shall include maintenance of Telegraph Canyon channel east of Paseo Ladera in any open space district formed for SPA One on a fair share basis. This includes but is not limited to costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 56. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. PHASING 57, Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 58. The Applicant acknowledges that the Otay Ranch General Development Plan is , ,l based on a village concept that provides for the construction of multi-family homes and commercial uses along with single family residential homes within SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However, the Applicant understands that it is the City's intent to require the Applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this objective, the Applicant shall prepare a project phasing update to determine which of the two villages the Applicant will concentrate development in. The phasing study shall provide for the following: 1) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identify the village that will be the focus of accelerated development; 4) consideration of market conditions, product absorption and location of appropriate product to meet demand; 5) limitation of public services in the village which is not the focus of accelerated development; and 6) provision for affordable housing opportunities as identified in the approved Affordable Housing Plan. The study shall be undertaken prior to issuance of the 1150th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,401 st building permit. As a condition of approval of the first tentative map, the Applicant shall enter into an agreement with the City in which the Applicant agrees to implement the results of said study as determined by the City Council. If the Applicant fails to implement the results of the study as directed by City Council, the City Council may take such actions as it deems necessary, including but not limited to withholding building permits. Resolution 18286 Page 18 59, Phasing approved with the SPA Plan may be amended subject to approval by the Planning Director and the City Engineer. 60. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of Eastlake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One'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 SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The SPA One FFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 61. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision ordinance and Subdivision Manual. 62. The Applicant shall comply will all aspects of the City of Chula Vista Landscape Manual. 63. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures ( 19.09.100). 64. The Applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City of Chula Vista Resolution 17516 dated June 7, 1994. 65. The Applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if pump stations for sewer purposes are proposed. 66. The Applicant shall enter into an agreement with the City, prior to approval of each final map for any phase or unit, whereby: Resolution 18286 Page 19 a. The Applicant agrees that the City may withhold building permits for any units in the subject subdivision if any one of the following occurs: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached. (2) Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. b. 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 SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 67. Applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 68. The Applicant acknowledges its understanding that the City is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing provisions necessary to ensure compliance with adopted threshold standards. In order for the Otay Ranch SPA One Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with the pending amendments to the Growth Management Program and Ordinance in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within SPA One. 69. This analysis recommends that actual conveyance occur as follows: The Applicant shall convey fee title, or upon the consent of the POM and any lien 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. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, each tentative map shall be subject to a condition that the subdivider shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. Resolution 18286 Page 20 Exhibit B AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY RANCH, L.P. RELATED TO SPA ONE APPROVAL The Property Owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained in Resolution No. 18286, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. 18286 shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, 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/Applicant'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 Signature of Property Owner Date [For purposes of recording only] Attach Resolution No. 18286 Resolution 18286 Page 21 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of June, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shir~y Horton, Mayor ATTEST: ~Auth~let, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18283 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of June, 1996. Executed this 4th day of June, 1996. ~Authelet, City Clerk q ...............T !