HomeMy WebLinkAboutReso 2014-092 RESOLUTION NO. 2014-092
RESOLUTION OF THE CIT1' COLTCIL OF THE CITY OF
CHULA VISTA APPROVIt�'G TENTATIVE ?�4AP CVT-09-0�
(PCS-09-0�) FOR THE OTAl' R4NCH VILLAGE 9 PROJECT
SUBJECT TO THE CONDITIO\S COT'TAINED HEREII�'
L RECITALS
11'HEREAS; the pazcel of land �vhich is the subject matter of this Resolution is depicted
in Exhibit `:A." attached hereto and incorporated herein b�� this reference and for the purpose of
eeneral description consists of 323.1 acres, and identified in Count�� Assessor Records as APN R
644-070-]0-00 and a portion of 646-010-0�-00, (Project Site); and
WHEREAS: on Jul}� 30: 2009: dul�� verified applications requestine appro��al of a
Tentative Subdi��ision A4ap (PCS-09-0�), Chula Vista Tract No. 09-0� (Tentative Subdi��ision
Map); Sectional Plan Area (SPA) Plan (PCA1-09-19). General De��elopment Plan (PCM-09-11)
(GDP), and General Plan Amendment (GPA-09-01), �vere filed �vith the Cih� of Chula Vista
De��elopment Sen�ices Department b}� Otay Land Company. LLC.(`Applicanr' and "OH�ner'):
and
V�'HEREAS; the development of the Project Site has been the subject matter of General
Plan Amendment GPA-09-01, and the Otav Ranch General Development Plan Amendment
GDPA-09-I 1. previoush� approved b�� the Ciq� Council on Februan� 26, 2013, bv Resolution?�'o.
20li-029 (GPA/GDPA Resolution) �tiherein the Citv Council, in the en��ironmental evaluation of
said GPA/GDPA; relied on the Ota<< Ranch General Plan and General De��elopment Plan
Amendment Supplemental Environmental Impact Report No. 09-01, SCH#2004081066 (SEIR-
09-0 l); and
\�%HEREAS_ the Citv's Development Sen�ices Director has re��ie���ed the Project for
compliance ���ith the Califomia Environmental Qualitv Act (CEQA) and determined that the
Project would result in a significant impact to the environment, and therefore has prepared the
Village 9 Sectional Planning Area and Tentati��e n9ap Environmental Impact Report EIR-10-04.
SCHr2010061090 (EIR-]0-04): and
WHEREAS. on June 3, 2014. the Applicant obtained approval of the Otay Ranch
Village 9 Sectional Plannine Area (PCI�4 09-19) establishina the pattern of land uses and
circulation, polices to euide the development of the Project Site, and establishing the zoning for
the propert}�, ���herein the Citv Council. in the em�ironmentai e��aluation of said Sectional
Planning Area, re��ie��=ed, considered and cenified Final E[R-10-0� (FEIR-10-04) and adopted
ihe Findings of Fact, Statement of Ovemding Considerations. and A•titigation Monitorine and
Reporting Proeram: pursuant to Resolution 201�-090; and
\0'HEREAS, the Applicant requests appro��al of a Tentati��e Map to subdi��ide 323.1
Acres into parcels supporting up to 3,89� multi-famil}� residential units, ]0� single-famih�
residential units; and up to 1.�00;000 square feet of retail and office uses (Project) on said
Project Site; and
Resolution 2014-092 •
Pa=e 2
WHEREAS. a hearine time and place was set b}� the Planning Commission for
consideration of the Project and notice of said hearing, tocether with its purpose, was Qiven by its
publication in a newspaper of general circulation in the Citp, and its mailing to propertv o�mers
and residents withi❑ �00 feet of the exterior boundaries of the propert}�. at least ten (10) days
prior to the hearing; and
V�'HEREAS; the Plannine Commission held an advertised public hearing on the Project
on May 14. 2014; the Plannine Commission took public testimony; heard staffs' presentation;
and revie�;�ed and considered EIR-10-04, and the Project; and
WHEREAS, follo���ing staffs presentation and hearing of public comments, due to the
Planning Commission's lack of a recommendation for certification of the Final Em-ironmental
Impact Report (FEIR), the Planning Conunission voted 4-0-2-1 to recommend disappro��al of the
SPA Plan and Tentati��e Map consistent with the provisions of Chula Vista Municipal Code
(CVMC) Section 19.48.110; and
WHEREAS; followine the Plannina Commission's public hearing on the Project, a
hearing time and place «�as set by the City Council for consideration of the Project and notice of
said hearing, together ��ith its purpose, was given by its publication in a ne���spaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundary
of the Project; at least 10 da}�s prior to the hearing; and
WHEREAS, the dul�- called and noticed public hearing on the Project was held before the
City Council on June 3, 2014 in the Council 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
VJHEREAS, immediately prior to this action; the City Council reviewed and certified FEIR-
10-04 and adopted the Findin�s of Fact, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program; pursuant to Resolution No. 2014-090.
NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Chula Vista
that it does herebv find. determine and resol��e as folloN�s:
II. PLANNING COMMISSION RECORD
Record of the proceedines of the Planning Commission at their public hearine on May
14; 2014, including their vote upon Planning Commission Resolution No. PCM-09-19
recommending disapproval of the Project, along with any rele��ant comments, ha��e been
provided to the City Council and are hereby incorporated into the record of this
proceeding.
III. CERTIFICATIOI�' OF COn4PLANCE V✓ITH CEQA
The Citp Council, in the exercise of their independent revie��� and judgment; immediatelv
prior to this action; on .lune 3, 2014, revie�ved and certified FEIR-]0-04 and adopted the
Findines of Fact, Statement of Overriding Considerations, and Mitieation Monitorin� and
Reporting Proeram b�� Resolution No. 2014-090.
Resolution ?�o. 2014-092
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IV. TENT.4TIVE SUBDIV'ISION A4AP FI?vDINGS
A. Pursuant to Government Code Section 66473.� of the Subdi��ision �4ap Act, the Cit��
Council finds that the Tentati��e Subdi��ision ?�4ap, as conditioned herein for the Project. is
in conformance �vith the elements of the Cin`s General Plan. based on the followine:
1. Land Use and Circulation
The Project is consistent �vith and implements the Otav Ranch VillaQe 9 SPA Plan b��
establishine developable parcels. public impro��ements and public facilities that «�ill
create an intensified mised-use ToN�n Center and other complementarv land uses.
includino communit�� purpose facilities, public schools and parks, and residential
neighborhoods that offer a variet�� of housing t.�pes and densities. The Eastem Urban
Center and the To���n Center �vould be comprised of inteerated commercial.
residential and office uses that ���ould encouraee use of alternative modes of
transportation and reduce reliance on the automobile. The Project will be desiened to
encourage residents to utilize altemati�-e modes of transportation such as the Bus
Rapid Transit (BRT) service; the rapid bus sen�ice; the SR-12� Village PathN�a��
Bridge, pedestrian side�valks and vails, and bic}�cle lanes.
The Project h�s been desiened to include a ��ehicle circulation system that complies
���ith the requirements of the City of Chula Vista's General Plan, Ota� Ranch General
Development Plan and Ota�� Ranch Villase 9 SPA Plan. The circulation s}�stem
includes a pair of one-���ay streets or a spindle in the To�m Center, and a Transit
Boulevard for the BRT. Reduced lane widths and bulb-outs at intersections will
enhance pedestrian comfort and saferv in the EUC; To«m Center. and Mixed-Use
Residential districts. The construction of the circulation system will be phased in
accordance «ith the Villa�e 9 SPA's Public Facilities Financing Plan (PFFP), such
that the de��elopment of the circulation s�°stem ���ill respond to planned aro��th and
maintain acceptable le��els of service, as required b}� the Citq's Gro«th Manaeement
Proeram. �
2. Economic De��elopment
The Project ���ill contribute to the economic base of the Citv b�� pro�idine a dense
urban en�ironment «�ith a street erid s�stem in the Eas[em Urban Center. 7 own
Center; and ?�4ised Use Residential districts that �i�ill be a hish-qualih�, enere}�-
efficient emplo}�ment center that includes commercial, office and multi-famih�
residential uses, that �aill enhance the imaee and appearance of the Ota}� Ranch
community and «ill benefit the local econom��. .Appro��al of the Project �i•ill help
achie��e the Generai Plan objectives that seek to promote a varietv of job and housine
opponunities to improve the Cit��`s jobs/housine balance, pro��ide a diverse economic
base. and encouraee the sro��nh of small businesses.
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3. Public Facilities and Sereices
To fulfill educational needs of students residing in Village 9. two elementar}� school
sites totaling 19.8 acres have been reserved as described in the PFFP for acquisition
by the Chula Vista Elementary School District. The Chula Vista Elementar}� School
District would be able to accommodate the additional students generated b}� the
Project. and the esisting schools would not be adversely impacted b�� the approval of
the Project.
Sewer
The Project Site is within the boundaries of the Citv of Chula Vista ��aste«�ater
services area. Se��er capacity needs for the Project, in conjunction with lone-term
growth in the area, have been analyzed in the PFFP. Sewer capacity will be available
to serve the Project subject to the PFFP requirements, ti�hich are included as
Conditions of Approval for the Project. Based on these requirements, no adverse
impacts to the Cit��'s sewer system or City's sewer threshold standards will occur as a
result of the Project. •
Parks
The Project has been conditioned to dedicate parkland for a 14-acre Neighborhood
Park, two towm squaze parks, and three pedestrian parks, for a total of 27.� acres.
Another 9 acres �e�ill be provided by properiy from an off-site location within the Otay
Ranch Community Park. Notwithstanding the foregoing, should such contribution not
be made at the time required by the Parkland Dedication Ordinance (PLDO), the
Applicant shall be responsible for providing a 9-acre site at another location approved
by the City in its sole discretion, or by the payment of park fees in accordance with
the PLDO. Phasing of park facilities and maintenance has been addressed in the
PFFP. The acmal park facilities and amenities will be determined in conjunction ���ith
the park master plan process for each individual park. The applicant ���ill also be
required to pay park acquisition and development fees prior to issuance of Final
Maps/building permits.
Services
The Project has been conditioned to ensure that all necessary public facilities and
services ���ill be available to serve the Project concurrent with the demand for those
ser��ices. The City Engineec Fire and Police Departments have reviewed the
proposed subdivision for conforniance �vith Citv safety policies and have determined
that the proposal meets those standards. Project construction N�ill be required to
compl}� with the applicable Califomia Green Buildin= Standards; the City`s Green
Buildin� Standards and the Citti�'s Energy Efficiencv Ordinance in affect at the time
of building permit issuance, and therefore energ}�-efficient homes ��ill be developed.
4. Housin�
The Project ���ill provide a variet}' of housing types, including single-and multi-famil��
residential home o���nership opportunities, as well as aFfordable housine
opportunities. as required b}� the Affordable Housing Plan prepared for Project. The
Project has been conditioned to require that the Applicant enter into an aereement to
Resolution ?�o. 20]4-092
PaRe �
pro��ide affordable housing prior the appro��al of the first Final 1�9ap. Thus the Project
is consistent ti�ith the Housin� Element of the Cit��`s General Plan bv pro��iding
additional opportunities for hieh-qualin�; market-rate sinele-famil}� residential home
otimership in the south���estern portion of the Cit��.
�. GroHth A4anasement
The Project is in compliance Nith applicable Grow-th A4anasement Element
requirements because a PFFP has been prepared as required b�� the Growth
n4anaeement Ordinance. These PFFP requirements have been included in the
Project`s conditions of approval.
6. Em�ironmental
The Project EIR-10-04 addressed the goals and policies of the Em�ironmental
Element of the General Plan and found development of this site to be consistent ��ith
these eoals and policies. The Ota�� Ranch Resource Management Plan requires
com�evance of 1.188 acres of land to the Otav Ranch Preserve for everv one-acre of
developed land prior to approval of anv Final Map, which is equivalent to
approximatel�� 237.8 acres. The Project has been conditioned to dedicate Multi-
species Conservation Plan (MSCP) open space presen�e lands prior to appro��al of the
Final A4ap. The Project is consistent �vith the requirements of the Ota}� Ranch
Resource Management Plan (RMP) and MSCP Subazea Plan.
B. Pursuant to Go��emment Code Section 66473.1 of the Subdi��ision Map Act, the
confieuration. orientation; and topoeraph�� of the site alloti�s for the optimum siting of
lots for natural and passive heating and cooling opportunities and that the development of
the site w�ill be subject to site plan and architectural review to ensure the maximum
utilization of natural and passi��e heating and cooline opportunities.
C. Pursuant to Go��emment Code Section 66412.3 of the Subdivision Map Act the Cirv
Council has considered the effect of this appro��al on the housing needs of the region and
has balanced those needs against the public service needs of the residents of the Cin- and
the a��ailable fiscal and environmental resources.
D. The site is ph��sicalh� suited for development because it ��ill be developed in
conformance ���ith the Otav Ranch Villa�e 9 SPA Plan and EIR-10-04. ���hich contain
pro�=isions to ensure that the site is developed in a manner that is consistent with the
standards established b�� the Cit�� for a master—planned communit��.
E. The conditions herein imposed on the Project, aze approximateh• proporzional both in
nature and extent to the impact created bv the Project, based upon the Cit}�'s police
pow�ers and evidence pro��ided b}� the record of the proceedines of EIR-10-0�.
V. GOVERI�'MENT CODE SECTIO\' 66020 \OTICE
Pursuant to Govemment Code Section 66020(d) (1), NOTICE IS HEREBI' GIVEN that the
90 da�� period to protest the imposition of anv impact fee: dedication; resen�ation, or other
e�action described in this resolution beeins on the effective date of this resolution and am�
such protest must be in a manner that complies �vith Section 66020(a) and failure to folloH
timelv this procedure ���ill bar am� subsequent legal action to attack, set aside, void or annual
Resolution 3014-092
PaRe 6
imposition. The ri�ht to protest the fees; dedications, resen�ations. or other e�actions does
not apply to plannine; zonin�. gradin�; or other similar application processino fees or sen�ice
fees in connection H�ith the project; and it does not apply to any fees, dedication, resen�ations:
or other exactions which have been given notice similaz to this, nor does it revive challenses
to any fees for which the Statute of Limitations has pre��iously eapired. �
VI. E�iECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property o�mer and the Applicant shall e�ecute this document by signine the lines
provided below, said eaecution indicating that the property owner and Applicant ha��e each
read. understood, and aereed 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 propert}� o�mer and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days ot�recordation 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 without approval. (Said document N�ill also be on file in the City Clerk's
Office.)
Si�natur�a#=rtp�� t Date
� � ✓v�l ZJ � �' � y
Paul J. Borden; resid , ta}� an -Com�any
Signatu op y Owne� Date
� �/u�11� � 2�'. y
Paul J. Borden, Presi n , Otay Land Company
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoin� conditions fail to occur, or if they are, by their terms. to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modifi� all
appro��als herein eranted, denv, or further condition issuance of all future building permits,
deny, re��oke, or fuither condition all cenificates of occupanc}� issued under the authorit�� of
approvals herein granted, institute and prosecute litigation to compel their compliance �vith
said conditions or seek damages for their violation. The Applicant shall be notified ten (]0)
davs in advance prior to any of the above actions being tahen by the Citv and shall be gi��en
the opportunity to remed�� an}� deficiencies identified by the City within a reasonable and
diligent time frame.
VIIL INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Citv 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 ternis. provision. or conditions are determined by a Court of
competent jurisdiction to be in��alid, illeeal or unenforceable, this resolution shall be deemed
to be automaticallv revoked and of no further force and effect ab initio.
Resolution No. ZO1�-092
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BE IT FURTHER RESOLVED that the Cit�� Council does herebv approve the Project
. subject to the Findings contained herein and subject to the Conditions of Approval set forth in
Ezhibit B attached hereto and incorporated herein b�� this reference.
Presented b�� Appro��ed as to form b��
�
Kell�= hton. FASLA len R GooQins '
Director of De��elopment Sen�ices C�it�� .�Att�ev
PASSED. APPROVED. and ADOPTED bv the Citv Council of the Cit�� of Chula V'ista
Califomia. this 3rd da�� of June 2014 bv ihe follo���ine vote:
Al'ES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cox
NAl'S: Councilmembers: None
ABSEt�'T: Councilmembers: None
`�ky,�
Chervl Cox. M or
ATTEST:
�� ���
Donna R. Norris. CMC. Citv Clerk
STATE OF CAL[FOR\ilA )
COUTTY OF SAN DIEGO )
CITY OF CHULA V[STA )
I. Donna R. Noms, City Clerk of Chula Vista, California, do herebv certif�� that the foreeoine
Resolution No. 201�-092 w�as dul�� passed, appro��ed, and adopted b�� the Cit}� Council at a
reeulaz meetine of the Chula Vista Citv Council held on the 3rd da�� of June 2014.
E�ecuted this 3rd dav of June 2014.
/�SN�2 � �Y Oi�•c�d
Donna R. Noms. CA9C. Cin� Clerk
Resolution No. 2014-092 Pa e 8
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EXHIBIT "A"
Resolution?vo. 2014-092
Page 9
Eahibit B - Village 9 Tentati��e ?�9ap Conditions
TENTATIVE A4.AP CONDITIOt�'S OF APPROVAL
Unless otherH�ise specified or required b}� ]a���: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final A4ap as determined bv the Development
Sen�ices Director and the Cin� Engineer; unless othenrise specified. "dedicate" means erant the
appropriate easement, rather than fee title. Where an easement is required the Appiicant shall be
required to pro��ide subordination of an�� prior lien arid easement holders in order to ensure that
the Cit�� has a first priorin interest and riehts in such land unless othen��ise ezcused bv the Cit��
Manaaer or his/her desienee. R'here fee title is eranted or dedicated to the Cin�. said fee title
shall be free and clear of all encumbrances. unless otherN�ise excused bv the Cin.
Should conflicting ���ordine or standazds occur bet��°een these conditions of appro�al, an�� conflict
shall be resoh�ed bv the Citv Mana�er or desienee.
GEI`TERAL/PLAI�TI�TING AI�'D BUILDIT`'G
1. The Applicant. or his/her successors in interest, shall improve the Project Site «�ith the
Project as described in the Tentati��e Subdi��ision Map, Chula Vista Tract No. 09-0�;
eeneralh� located south of the existine terminus of Eastlal;e ParkH�av and Hunte Park���a��
and east of SR-12�. y
2. The Project shall compl}� ��ith approved General Plan Amendment GPA-09-01 and
General Development Plan Amendment PCM-09-11 approved Februan� 26, 20li, the
Sectional Plazuune Area (SPA) Plan PCA4-09-19, approved June 3. 2014 and all
supportins documents including but not limited to Public Facilities Finance Plan. Parks,
Recreation, Open Space and Trails Plan, Affordable Housine Plan and Non-Renewable
Enerey Consen�ation Plan, and the City of Chula Vista Standard Tentative Map
Conditions as outlined in the Subdivision Manual and incorporated herei�.
3. Prior to the issuance of the 2,OOOth residential building permit for the Villaee 9 Project,
the applicant shall obtain approval of a final B map, gradine plan and impro��ement plans
that ensures that one oFthe Communit�� Purpose Facility (CPF) Sites (Either Lot J or Lot
X) is eraded and in a usable condition; including installation of necessar}° access and
utilities. Prior to the issuance of the 2,7�1st residential building permit. the second CPF
site shall be eraded and in a usable condition as noted abo��e all to the satisfaction of the
Development Sen�ices Director.
4. The Applicant shall implement; to the satisfaction of the Development Services Director
and the Cit�� Engineer; the mitigation measures identified in the Supplementa]
Environmental Impact Report (C\' EIR 09-01) for Amendmenu to the Chula Vista
General Plan (GPA 09-01) and Otay Ranch General De��elopment Plan (PCM-09-11) and
associated A4itigation Monitorin� and Reportine Proeram for the Villaee 9 Project: and
the Otav Ranch Village 9 Sectional Planning Area En��ironmental Impact Report (CV
EIR #10-04; SCH \'o. 2010061090) and associated Mitieation Monitorino and Reporting
Program (D4MRP) for the Villaee 9 Project, within the timeframe specified in the
MMRP. �
�. The CCRR's for each HomeoH�ners Association (HOA) �vithin the Village 9 project shall
contain a provision that provides all ne�v residents ��ith an o��erflisht disdosure document
Resolution 2014-092
Pase ]0
that discloses the follo���in� information during any real estate transaction or prior to lease
si�nina, as required by the Brotim Field Airport Land Use Compatibility Plan (ALUCP):
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the
��icinirv of an airport, ���ithin what is ]:nown as an airport influence area. For that
reason. the propem� may be subject to some of the annoyances or inconveniences
associated with proximity to airpori operations (for example: noise; vibration. or
odors). Indi��idual sensiti��ities to those annoyances can vary from person to
person. 7'ou may wish to consider what airport annoyances, if any, are associated
with the propeny before you complete }�our purchase or lease and determine
�vhether they aze acceptable to you.
A copv of this disclosure document shall be recorded with the County of San Dieeo
County Recorder's Office as part of project approvaL Each prospective homeo��mer shall
sign the disclosure document confirming they ha��e been informed oF the vicinitv of the
airport prior to the purchase of a home.
6. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
miaed residential/commercial or multi-Family residential uses.
7. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
9 Public Facilities Finance Plan (as amended from time to time) as specified in the
Threshold Compliance and Recommendations Section for each public facility chapter. At
the applicant's request the City Engineer and Development Services Director may, at
their discretion; modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
8. The Applicant shall dedicate; ���ith the applicable final map, for public use all the public
streets sho�tim on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Village 9 Project and as
specified in Ota}� Ranch Village 9 SPA Plan Final Draft Public Facilities Finance Plan
Table 4.13 `'Project Access and Direct Traffic Mitigation Threshold Requirements' and
Table 4.1.4 "Internal Street Improvements". The r�pplicant shall construct the public
improvements and provide security satisfactory to the City Engineer and City Attorney.
9. Prior to appro��al of am� final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and Citv En¢ineer.
10. In accordance ���ith Subdi��ision Manual Condition 40: The applicant shall notify the Citv
at least 60 da��s prior to consideration of the first map by the City if any off-site right-of-
wa}� or any interest in real property needed to construct or install offsite improvements
cannot be obtained as required by the Conditions of Approval. Afrer said notification, the
de��eloper shall comply with the requirements set forth in Subdivision Manual Condition
40.
1 1. Prior to the approval of the final map for Planning Areas CC, DD, EE, and FF provide an
off-site fuel management pr,ogram per Section 9.4 "Off-Site Fuel ManagemenY' of the
Fire Protection Plan, and CVMC Chapter 1538- "Urban Wildland Interface Code." The
Resolution No. 2014-092
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Program shall establish the oblieations for fuel manasement that appl}� to each of the
Plannine .4reas and adjacent off-site propenies, includin� required fuel manaeement
zones adjacent to structures; consent from affected off-site propem� o�iners, and other
applicable requirements to the satisfaction of the Fire Marshal and Development Sen�ices
Director. The program requirements shall be satisfied prior to the deli��erv of combustible
material to the site. to the satisfaction of the Fire Marshal.
12. A resen�e fund pro�ram has been established bv Resolution No. 18288 for the fundine of
the Fiscal Impact of I�'e��� Development (F.1.N.D.) A4odel for the Otav Ranch Project.
The Applicant shall provide funds to the Reserve Fund as required b�� the Reserve Fund
Pro�ram (RFP). Pursuant to the pro��isions of the Gro��th Manasement Ordinance and
the Ota}� Ranch General Development Plan (GDP), the Applicant shall participate in the
fundine of the prepazation of an annual report monitorine the de��elopment of the
community of Otav Ranch. The annual monitoring report ���ill anal��ze the suppi}� of and
demand for, public facilities and services eo��emed b�� the threshold standazds. An
annual re��ie�� shall commence folloN�ina the first fiscal ��eaz in «hich residential
occupanc�� occurs in the Project and is to be completed durine the second quarter of the
follo���ing fiscal year. The annual report shall adhere to the GDP/SRP. as amended from
time-to-time.
13. Prior to the first final map, the applicant ���ill enter into an a�reement to provide fundine
for periods w�here project expenditures esceed projected revenues in compliance with
CVMC 19.09.060(J).
14. Prior to the first final map for the Eastem Urban Center, the Universit�� To�n Center; and
the Mi�ed-Use Residential Districts, the applicant shall submit and obtain approval by
the Cit�� of a D4aster Precise Plan and Planned Sien Proeram for each of these districts.
Applicant shall be required to obtain an approval of a I�4aster Encroachment Permit prior
to construction of sienage in the public rieht-of-ti�av in each of these districts, to the
satisfaction of the Cit�� Engineer and Development Services Director.
Public Facilities:
1�. Prior to the first final map for the plannine areas adjacent to SR-12� (or per the unit/EDU
thresholds in the PFFP), de��eloper shall dedicate the rieht-of-�vay that is necessarv for
the SR-12� interchange as depicted in the SR-12� EIR at Main Street and reserve for
future acquisition bv Caltrans or other applicable pubiic aeency the rieht-of-wa�� for the
SR-12� interchanee at Otav Vallev Rd..
16. Prior to appro��al of the first A map for the Project: Applicant shall provide for a
pedestrian bridae connectins \'illaee 9 to Village 8-East (east-���est) over SR-12�
centered ben��een n4ain Street and Ota�� Valle�� Road. as follo���s:
a. Prior to appro��al of the first A map for the Project, the Applicant shall pro��ide the
preliminar}� desien of said bridge in concert �rith the Directors of Development
Sen�ices and Public R'orks and also identif�� and establish a Pedestrian Bridee
Development Impact Fee (DIF) funding mechanism to be used to fund the cost of
desian. ensineerins. and construction of said bridee: and
b. The Villaee Path�va�� and Pedestrian Bridee facilit� shall be desiened in a location
to be determined �vith a minimum deck N�idth of li-feet, sufficient for both hvo-
���av bicvcle and pedestrian users to safelv share the Village Pathwav and
Resolution 2014-092
Paee 12
Pedestrian Brid�e. to the standards and satisfaction of the Directors of
Development Sen�ices and Public V�'orks; and
c. The timing of the construction of said bridge will be determined b�- the Citv
A4anager of designee, consistent with the requirements of the Village 9 SPA Plan.
Public Facilities Financing Plan (PFFP).
17. Prior to the final B map for the Project containing the 3,074th unit in the Project, the
Village Path���av within Villaee 9. including the pedestrian bridge between Villaee 9 and
Villaee 8-East. shall have been constructed and in ser��ice. If these facilitiesyaze not
constructed and in service then one of the following steps shall be required as determined
by the Directors of Development Ser��ices and Public Works:
a. De��elopment in Village 9 shall not proceed until the Village Pathwa}� pedestrian
and bic�-cle bridge is constructed; or
b. City aad the developer shall meet to determine whether revised timine of the
facilities is appropriate. A number of factors, including the progress of
development of Village 8-East and changes to the assumed land uses, may affect
the timing and location of the facilities; or
c. Developer shall construct the facilities and be eligible for reimbursement from the
Village Patfi��ay Bridge DIF for total expenditures in excess of 50-percent of the
total cost of the facilities.
18. Upon approval of the tentative map, Applicant shall provide an approved
(stamped/signed) copy to the Chula Vista Elementary School District (CVGSD). Prior to
approval of the first final map for the Project, Applicant shall provide e��idence of the
fundine compliance mechanism to be utilized to assure that school facilities will be
funded in compliance �i�ith state law. The CVESD preferred funding compliance
mechanism is participation in a Community Facilities District (CFD).
19. Prior to approval of the Final Map or Design Review application that identifies the need
for public transit facilities in accordance with MTS determination, the Developer shall
provide a deposit in the amount of $20,000 for each planned transit facility station or
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
improvements to the satisfaction of the Chula Vista Transit Coordinator and/or MTS or
their desianee.
20. Prior to appro��al of the first final map or the issuance of the first grading permit for the
Villaee 9 Project, «�hiche��er occurs first, the applicant shall pro��ide all ofthe follo���ine:
a. E�idence satisfactory to the Development Services Director, that the applicant has
entered into a binding and properly executed agreement with the Cit�� of San
Diego to construct new City of San Diego waterlines at a location that has been
approved by the City of Chula Vista ('Waterline Agreemenr') to replace the
existin� waterlines located ��ithin Village 9.
Resolution No. ?014-092
Pase 13
b. Evidence that the Cit�� of San Dieso has abandoned or has aereed to aba�don an�
���ater main easements not needed as a consequence of the relocation of the Cit� of
San Dieeo waterlines Nithin Villaee 9.
c. Submit �rading and impro��ement plans for the appro��a] of the De��elopment
Senices�Director, indudin� securit�� for completion of said work (or proof of
securit� in which Cit�� of Chula V'ista has a rieht thereto); for the construction of
neH� Cin' of San Dieso ���aterlines in accordance N�ith the pro��isions of the
�1'aterline Agreement� The impro��ement plans shall depict the closure or
abandonment of the e�istina water lines in accordance H�ith standard eneineerine
practices. � �
d. Enter into an agreement to obtain Citv approval of a SPA amendment and/or an�
other documentation, to the satisfaction of the De��elopment Sen�ices Director,
should the relocation of the Citv of San Dieeo ��aterline fails to occur.
e. Enter into an aereement with the Cin� of Chula Vista to defend. indemnifi- and
hold harmless the Citv. its elected and appointed officers and employees, from
and aeainst an�� and all claims. causes of action. demands. suits. actions or
proceedines.judicial or administrati��e. for H�rits, orders. injunction or other relief.
damages, liabilitv. cost and expense (including �rithout limitation attomeys' fees)
arisine out of, connected H�ith or incidental to the construction of the neu� Cin of
San Dieeo �i�aterlines and the closure and abandonment of the old waterlines. or
from anv and all Cirv action. conduct or matter related thereto.
Affordable Housina:
21. Prior to appro��al of the first final map for the Project. the De��eloper shall enter into a
Balanced Communities Affordable Housine Aereement, in compliance ���ith applicable
City and State of Califomia regulations. This aereement shall identifi� potential
affordable housino sites, schedules and the followine buildin� permit threshold
requirements described in the Affordable Housine Plan: (1) prior to the City's issuance
of the 1,600th buildine permit w�ithin Villaee 9. developer shall commence construction
of the Initial Phase of the lo�v and moderate-income housing units, and (2) prior to the
Cit��'s issuance of the 3000th building permit. De��eloper shall commence construction
of the remainder of required ]o��� and moderate-income housine units. "Initial Phase `
shall mean �0% of the total number of qualified lo«�and moderate-income housine units.
Gradine:
22. Grading plans that include freestanding ���alls or sound ���alls adjacent to Z:] or greater
slopes more than 6 feet hiah shall indude a minimum 2 ft. �ti�ide level bench for
landscapine and maintenance access adjacent to the front of the N�all.
V�'ater Qualitv:
23. Developer shall agree to remain in compliance with the Cit��`s Storm �'�'ater ManuaL as
updated from time to time consistent �t�ith the Project De��elopment Agreement as
determined b�• the Director of Development Sen�ices.
Resolution 2014-092
Pa�*e 14
24. Developer shall prepare a sub area water master plan for potable and reclaimed water to
the satisfaction of the Otay Water District or the Cit}� of Chula Vista prior to the first final
map.
2�. Developer shall further secure and agree to construct all facilities necessan� to provide
potable. reclaimed and fire flo���s, both on and off-site to serve the Project as outlined bv
the sub area master plan, prior to each final map for the project or as approved by the
Director of Development Sen�ices.
26. Developer shall pro��ide public access including right of ���ay, sidewalks, curb; gutter,
storm drain to any land locked pazcel created b}� the project prior to the final map that
would include such parcel or would create such condition, as determined by the Director
of De��elopment Services.
Parks:
27. Prior to approval of the first final map for the Pmject, the Applicant shall provide the
City ti�ith an Irrevocable Offer of Dedication (lOD) for at least 9.0 acres of parkland
acceptable to the Director of Recreation to be located in the Village 8 V✓est Community
Pazk or in another suitable off-site ]ocation that would be found acceptable to the Director
of Recreation. The 9.0 acre IOD for parkland is for the purpose of ineeting the Project�s
Community Park off-site dedication obligation, and is also subject to review and approval
to the satisfaction of the Development Services Director.
Trails:
28. The Landscape Master Plan and Grading Plans shall maintain a minimum required
nei�hborhood trail width of 6 feet unless due to physical constraints, such as but not
limited to slope areas, a 6-fr. width is deemed impractical by the Director of Development
Services, then a narrowing of the travel path to 4-ft. may be permitted. In other areas,
neighborhood trails shall maintain a minimum of 6 feet of trail within an 8 foot wide
bench, to the satisfaction of the Development Services Director.
29. Prior to approval of the first final map for the project, the Applicant shall record an
easement for public trail purposes within any portion of Wiley Road owned b}� the
Applicant.
30. Requirements for the plannine, development, and construction of the OVRP Regional
Trail.
a. Prior to the approeal of the first final map ���ithin Village 9 south of Otay Valley
Road, the applicant shall dedicate a minimum 10-ft. wide easement for multi-use
trails through the OS-� Area to connect Parks HH and [I to the satisfaction of the
Development Sen�ices Director.
b. Prior to the issuance of the 719th building perniit for residential units south of
Street H, said trail shall be constructed within Park Area II and the OS-3 Area.
The trail shall provide a connection to an off-site trail (Village 9 Greenbelt
Connector Trail) that wil] be located along an existing disturbed mad that runs
southwest from Village 9 through the Count�� owned parcel and connects to the
esistin�� easement that runs along Wiley Road�
Resolution No. 2014-092
Pase 1�
c. Cin� shall tal;e such actions necessan to secure the easements needed from the
Counn� that �+�ill provide for the implementation of the \%illage 9 Greenbelt
Connector Trail. Applicant or successor ow�ners or assiens in interest shall pap for
an� costs associated N�ith obtainin� such easements.
31. The applicant or successor o���ners or assigns in interest shall pro��ide the desien, and pa�•
for the en��ironmental re��ie��, permitting and construction of the traii that will connect
Villaee 9 to the Greenbelt Trail alona Vdile�� Road. and the Ota�� Vallev Reeional Pazk to
the satisfaction of the Development Services Director. The applicant or successor o���ners
or assigns in interest shall pa}� all staff costs associated N�ith revie�r of all of the
documenu and plans necessan� for the trail desien, permitting, and construction of the
trail. This Connector Trail shall. subject to final desien and eneineerine, be generallv
located alona the existine disturbed road that is located south���est of the Project and runs
south to Vdile� Road (Ezhibit C). This trail ���ill sen�e as the VillaQe 9 Greenbelt
Connector Trail.
a. Prior to appro��al of the First Final A n4ap ���ithin Villa�e 9, the applicant shall
submit to the Citv a deposit sufficient to co��er costs for environmental revie«� and
permitting of the Villaee 9 Greenbelt Connector Trail satisfactory to the
Development Sen�ices Director.
b. Prior to the issuance of the first building permit for any residential unit south of
Otav Vallev Road. applicant shall construct the Connector Trail to the satisfaction
of the Development Sen�ices Director.
c. Concurrentl�� H�ith the payment of the deposit to co��er staff costs, the applicant
shall post a Performance Bond ���ith the City in an amount sufficient to fund all
costs related to the sitine; permittin� and construction of the Villaee 9 Greenbelt
Connector Trail. The amount of the Performance Bond will be subject to approval
b�� the Development Sen�ices Director. Said bond shall name the City as the
oblieee.
Landscaping/W all slFences:
32. In place of Subdi��ision Manual Condition 30 and 33. prior to approval of the first final
map the Applicant shall:
a. Obtain approval of the Landscape �4aster Plan for the project. The Landscape
D4aster Plan shall identifi� a fundine mechanism to maintain pazks. landscape
improvements. trails, open space areas and other impro��ements in such azeas.
The contents of the Landscape Master Pian shall contain the major components
listed in Master Condition 30(a) thru (h) in the Subdi��ision Standard Conditions
unless «aived b�� the Development Sen�ices Director.
b. Submit evidence acceptable to the Cit�� Engineer and De��elopment Sen�ices
Director of the formation of a 1�4aster Homeo�vner`s Association (MHOA). or
another financial mechanism acceptable to the Cin� Manaeer. includin� a
Communin Facilities District (CFD) or Open Space District. A Communit��
Facilities District is the preferred financial mechanism for a maintenance district.
[f another financial mechanism is not formed, the MHOA shall be responsible for
the maintenance of those landscaping impro��ements that are not included in the
Resolution 2014-092
Paee 16
proposed financial mechanism. The City Engineer and the De��elopment Services
Director mav require that some impro��ements be maintained bv the Open Space
District The final determination oF which improvements are to be included in the
Open Space Disuict and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to
allow anneaation of future tentative map areas in the event the City Engineer and
Development Services Director requires such annexation of future tentative map
areas. The MHOA formation documents shall be subject to the appro��al oF the
City Attomev.
c. The Applicant shall submit for City's approval the CC&R's grant of easements
and maintenance standards and responsibility of the MHOA's for the Open Space
Areas �i�ithin the Villa�e 9 Project Area. The Applicant shall ackno�+�ledee that the
MHOA's maintenance of public open space, trails, etc. may expose the City to
liabilitv. The Applicant aerees to establish an MHOA that will indemnify and
hold the City harmless from any actions of the MHOA in the maintenance of such
areas.
d. Submit and obtain approval of the City Engineer and Development Semices
Director of a list of all facilities and other items to be maintained by the proposed
district or MHOA. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District or some other financing
mechanism and those to be maintained by the MHOA. Include a description,
quantity, and cost per yeaz for the perpetual maintenance of said improvements.
These lists shall include but are not limited to the following facilities and
improvements:
i. All facilities located on open space lots to include but not be limited to:
��alls; fences, water fountains, lighting structures, paths, trails, access
roads, drainage structures, and landscaping. Each open space lot shall also
be broken do«m by the number of acres of: 1) turf, 2) irrigated, and 3)
non-irrigated open space to aid in estimation of a maintenance budget
thereof.
ii. Medians and parkways along Project roadways, (onsite and off-site and all
other street parkways proposed for maintenance by the applicable
Community Facilities District or Homeowner's Association.
iii. The proportional share of the maintenance of any medians and parkwa��s
along the applicable roadways as identified in the PFFP adjoining the
development as determined by the City Engineer.
iv. All N�ater quality basins serving the Project (Development Ser��ices).
33. In addition to those conditions specifically listed above, Applicant shall comply �vith
Subdivision Manual Conditions 31. 32. 34. 3�, and 37.
34. The Applicant agrees to not protest formation or indusion in a maintenance district or
zone for the maintenance of landscape medians, pedestrian bridges, scenic corridors
along streets and public parks. ��ithin or adjacent to the subject subdivision.
3�. The Applicant shall submit a detai]ed ���all/fencing plan with the Design RevieN� Site Plan
submittal for each plannine area showing that all project �a�alls and fences comply with
the approved SPA Plan Section 4.2.4, Landscape Master Plan, and other applicable Ciri-
Resolution i��o. 20]4-092
Page 17
of Chula \%ista requirements; to the De�elopment Sen�ices Director for appro��al. Plans
shall indicate color. materials. heieht and location of freestandins ti�alls. retainina «�alls.
and fences. The plan shall also include details such as accurate dimensions. complete
cross-sections showing required ���alls, adjacent grading. landscapine, and side�aalk
improvements.
36. Prior to the appro��al of the first final map for the SPA Plan. the applicant shall annex the
project area �i�ithin the Otay Ranch Presene Communitv Facilities District Ir'o. 97-2.
Improvement Area "C".
37. Prior to recordation of each final map the applicant shall con��ev fee title to land «�ithin
the Otav Ranch Preserve to the Otav Ranch Preser��e O�ner Manaeer or its desienee at a
ratio of 1.188 acres for each acre of de��elopment area as defined in the Ota} Ranch
Resource Manaeement Plan. Access for maintenance purposes shall also be com�eved to
the satisfaction of the Preserve O�+mer A4anager. and each tentati��e map shall be subject
to a condition that the applicant shall e�ecute a maintenance aereement with the Presen�e
O���ner A9anaeer stating that it is the responsibility of the applicant to maintain the
conve��ed parcel until the Ota�� Ranch Presen�e Communitv Facilities District No. 97-2
has senerated sufficient revenues to enable the Presen�e Otimer A4anaoer to assume
maintenance responsibilities. The applicant shall maintain and manage the offered
con��eyance propem� consistent ���ith the Ota}� Ranch Resource Management Plan Phase 2
until the Otati� Ranch Presen�e Communih� Facilities District No. 97-2 has eenerated
sufficient revenues to enable the Preserve O��ner Manaeer to assume maintenance and
manaeement responsibilities. �
38. Prior to the Preserve Owner Manager's acceptance of the com�e��ed land in fee title; the
applicant shall prepare. to the satisfaction of the Presen�e O��mer Manaeer. area specific
mana�ement directi��es for the associated conve��ance areas; ��hich shall incorporate the
guidelines and specific requirements of the Ota�� Ranch Resource A4anasement Plan,
mana�ement requirements of Table 3-� of the Multiple Species Consen�ation Program
Subazea Plan and information and recommendations from any relevant special studies.
Guidelines and requirements from these documents shall be evaluated in relationship to
the Preserve configuration and specific habitats and species found ��ithin the associated
comevance areas and incorporated into the area specific management directives to the
satisfaction of the Presen�e O�imer Manaeer.
39. To ensure compliance �+�ith the Chula Vista A4SCP Subarea Plan impact threshold for
narro��� endemic species within the Presen�e (specificalh• snake cholla), gradine and
infrastrucmre plans for the off-site sewer and storm drain facilities (TM 09-0�. Sheet �)
shall limit the «�idth of the construction easement to 40 feet ti�ithin the initial 400 feet
extending south from Plannine Area II. The combined ���idth of the permanent easement
for the off-site se�i�er and storm drain facilities shall not exceed 30 feet (EIR 10-04, page
�.6-23). Compliance ���ith this condition shall be to the satisfaction of the Development
Sen�ices Director.
40. Prior to construction of Bus Rapid 7�ransit and/or Rapid Bus transit stations in Village 9;
obtain appro��al of impro�ement plans ro the satisfaction of SANDAG, the Chula Vista
Transit Coordinator and the Development Ser��ices Director.
�1. Prior to issuance of the first building permit or other discretionan� permits for mi�ed use.
multi-famil��, or other non-residential de��elopments «�ithin the project site. the Applicant
shall compl}� �rith applicable pro��isions of \9unicipal Code Section 8.24 - Solid Waste
Resolution 2014-092
Pase 18
and Litter, and Section 8.25 — Recvcling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include; but are not limited to the following design requirements:
a. The Applicant shall design mixed-use, multi-family, and commercial
development projects to comply with the Rec��cling and Solid Vdaste Standards
for central collection bin sen�ices.
b. The Applicant shal] design each sin�le-family lot or residence to accommodate
the storage and curbside pickup of individual trash; rec}�clin� and green ti�aste
containers (3 total); as approved for a small-quantity generator (single family
residential use).
42. Prior to recordation of each fina] B map all CPD slope and open space areas shall be
individually lotted on said final map to the satisfaction of the Development Services
Director.
43. Pursuant to the Addendum to Land Offer Agreement, dated February 26, 2013; between
the applicant and Citv, prior to the approval of the first final map, the applicant shall
demonsVate that any mitigation land to be conveyed to the City subject to a Former Used
Defense Site ("FUDS") designation does not contain munitions debris or any such
munitions debris has been remediated to the satisfaction of the Development Ser��ices
Director, or in the alternative, the applicant may provide mitigation property without a
FUDS designation within the Otay Ranch Preserve of an equivalent size in a condition
acceptable to the Development Services Director.
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EXHIBIT "C"